Pennsylvania Voter ID law put on hold … Kind of … For Now
Judge Robert Simpson’s Supplemental Determination on the Act of March 14, 2012, P.L. No. 18 (Act 18) [after this, its called the Voter ID Law].
===================================
===================================
FINAL RESULT
The election officials will ask for a photo ID prior to allowing the voter to vote. It is up to the voter to demand a ballot if he/she has no approved ID
===================================
===================================
Background: Judge Simpson’s first declaration was that the Voter ID law was constitutional (under the PA constitution) and did not pose a dramatic danger to the voting rights of the estimated 8.5% of the voting eligible population that would be effective disenfranchised by the ID law. The ID law provided that a State issued DOSID (Department Of State) would be issued free of charge to those persons not having a PennDOT ID (Drivers License). Upon Appeal, the State Supreme Court Disagreed, and required immediate corrective action. This is the corrective action. Actual text can be found here.
Page 1. List of Petitioners and Respondents:
A whole bunch of people no one has ever heard of, but presumably they live in PA and would be adversly affected by the Voter ID Law, if enforced. [Remember, if you don't have a dog in the fight, you can't be part of the fight. Locus Standi]
V
The STATE in the person of the the Gov and SecOfState
Determination: Judge Simpson says he has re-consider pronto. The reasons are:
Page 2
PA Supremes want Simpson to assess just how available ARE these IDs, given that its been a month since he said it was Kosher. The law says “liberal Access”. Is DOS up to the task of issuing the ID’s before the election. If your answer is NO or if you’ve changed your mind between then and now about the whole damn mess
THEN
You got to make it not happen with a preliminary injunction.
Judge Simpson then repeats the instructions and says it applies TO THE CURRENT ELECTION.
So anyway, Judge Simpson talks to the lawyers, reads scads of additional material and gets more stuff from the lawyers. He then holds another hearing (on 9/25/2012) and gets yet more reading material from people after the hearing. Based on all that:
Page 3
The DOS ID was intended to be a stop-gap measure for those persons who don’t have a PennDOT ID (Drivers License). The Supreme’s, however, don’t think that it is easy enough. But, we have some new procedures put in place by two guys from PennDOT that they claim will solve the whole problem. Judge Simpson is quite complementary of the gentlemen from DOT. Simpson then says he doesn’t believe it.
1. The testimony given is similiar to what was said in the first hearing before the Supreme Court boxed his ears.
2. There isn’t much time left.
3. PennDOT admits there will be problems. The Petitioners corroborate quite loudly.
Therefore and forthwith: The Pooch is still screwed. It ain’t Liberal Access.
Page 4
Judge Simpson is quite complementary to the attempts by the state people to make the sitution better (re: put lipstick on the pig). He states that this will be good enough after the election, when there is time to fix the problems as they arise.
DISENFRANCHISMENT
Judge Simpson’s estimates of the number of people disenfranchised was significantly less than that of the Petitioners. It was still, however, a big number.
Page 5
He notes the number of IDs issued has increased, but that it isn’t enough. He gives no actual reasons why there were fewer issued than expected, he simply notes that the gap between what is needed and what will be issued is too large. He rejects Respondent arguments that there just weren’t that many needed, anyway.
Therefore: I am going to issue a temporary injunction on the Voter ID law.
Page 6
Now, as to HOW the injuction will be served: The petitioners don’t object to the absentee ballot provisions and the Responsdents agree that the Supremes definition of liberal access has to be implemented.
Simpson gives a lot of references essentially saying that injuctions should be a specific as possible.
Page 7
The offending conduct of the Voter ID implementation is defined as those procedures which cause people to not to get to vote. The injunction will be tailored to correct this deficit.
Simpson will NOT prevent the state from conducting outreach and education as to the requirement for voter ID. He rejects the ascertain that the problem is asking for an ID and concludes that the REAL problem is preventing people from voting AFTER BEING ASKED.
RESULT:
ELECTION OFFICIALS WILL BE ALLOWED TO ASK FOR PHOTO ID but will be required to allow voting without a photo ID being produced … Left unsaid is whether or not the official will be required to tell the potential voter that he/she DOES NOT NEED THE ID to actually vote.
But WAIT!!! There’s MORE …
page 8
Judge Simpson says he carefully reviewed the Election Code language and the process dealing with disenfranchisment is in the Provisional Ballot conditions. {NOTE: a provisional ballot is given when questions of eligibility arise. The ballot is only counted if all rules concerning provisional ballots are satisified}
page 9
The Voter ID law added two additional rules to the provisional ballot procedure: 1. If the person doesn’t appear and swear he/she IS the elector; or 2: if they don’t show up with proper ID. Thus disenfranchisment only happens when the provisional ballot is not counted because of you don’t show up to prove you are you.
Page 10-11
Discussion of Severability. Essentially, you don’t have to kill the whole law to strike down offending passages if the offending passages are not inherent to the actions of the law.
Page 12
part of the provision of Voter ID was that any elections prior to 9/17/2012, any elector, he could vote but would be told to get ID before 9/17.
page 13
This injunction extends the transition provision through the general elections:
ie: You get to vote, but get your ass to an ID place before the next elections are held, and in the future, you got to have the approved ID.
page 14-15-16
Lots of reasons why Petitioners arguements are bullshit and they should shut up. Also rejected is the request by Responsdents to force non-ID electors to vote by provisional ballot since the transition period did not force a provisional ballot.
This is a temporary injunction, not a permanent injunction. Judge Simpson thinks the PA Supremes are only concerned with this election. The validity of the law itself is not in question, only its specific implementation at this point in time.
If you don’t like it, take it up with the Supreme Court.
