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Why Judge Simpson Delayed Voter ID Law

A look at the injunction against the Voter ID Law.

 

Judge Robert Simpson issued a preliminary injunction Tuesday morning, halting certain aspects of the Voter ID Law from impacting the November presidential election.

While the decision does not repeal the law that requires citizens to show photo identification to vote, if upheld, the ruling allows registered voters to cast ballots without an ID. 

To issue an injunction on the law, Simpson was tasked to consider two questions—does the issuance of IDs "comport with liberal access" that the General Assembly required, and will no voter disenfranchisement exist if the law is implemented this fall?

Liberal Access?

In returning the case to Simpson, the commonwealth's Supreme Court said then-current procedures were "contrary" to liberal access—a directive from the General Assembly.

Essentially, people had to travel at least twice to state facilities to receive free IDs. Recently, the Pennsylvania Department of Transportation eased that requirement to allow people to get IDs in one trip—with the Department of State on-hand to verify voter registration.

Although state officials testified that this will ensure people receive IDs, Simpson wrote he rejected it for three reasons:

  • 1. It relies on "assurances of government officials," which the Supreme Court disagreed with;
  • 2. The five-week run-up time to Election Day is too short;
  • 3. Officials testified that there was a potential for "unforeseen problems which impede implementation...

"For these reasons, I cannot conclude the proposed changes cure the deficiency in liberal access identified by the Supreme Court," Simpson wrote.

No Disenfranchisement

In the original ruling, Simpson doubted arguments against the law on the ability to close the gap between eligible voters and those without approved IDs. He felt disenfranchisement would be minimal.

However, PennDOT recently testified it issued between 9,300 and 9,500 IDs for voting, and the Department of State issued between 1,300 and 1,350. Although driver's licenses increased in that period compared to 2011, it was too "slight" for Simpson.

"I expected more photo IDs to have been issued by this time. For this reason, I accept (the plaintiff's) argument that in the remaining five weeks before the general election, the gap between the photo IDs issued and the estimated need will not be closed," he said.

Election Day... and Beyond

Not all aspects of the Voter ID Law will be thrown out for Election Day. The plaintiffs conceded that requirements for absentee ballot (writing driver's license or Social Security numbers) do not cause injury. Additionally, poll workers can still request ID—as they did during the April primary. However, Simpson's ruling allows people to vote come Election Day without providing photo identification.

The preliminary injunction will only last until the general election. Simpson's interpretation of the Supreme Court's directive was to rule only on certain aspects of the law. As it stands now, he will later rule on a permanent injunction after the election. A status hearing is set for Dec. 13. 

Just because Simpson delayed implementation does not mean he rejects the Voter ID Law. In his opinion, he credited Pennsylvania agencies with streamlining the birth date validation process, creating a help line and extending hours.

"These existing structural improvements, together with the proposed enhanced access to the DOS ID and additional time, will place the Commonwealth in a better position going forward," he wrote.

Read the Voter ID Law decision in the attached document.

Related Topics: PA voter ID, participate 2012, and penndot

mark wood

11:43 am on Tuesday, October 2, 2012

The FACT that seven judges are to decide and only SIX are sitting, give my a break, call you state rep. if he says anything other he too is full of bull, this was an illegal act, SEVEN judges were to hear this , NOT 6, fools, you could care less about the law. get togather , your voting rights are at stake.This article, written by SAM only tells me he too is ignorant. Thats why the internet can make a fool out of you. The legal problems of the sitting seventh judge is being ignored. Som please ignore this writers BS.

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John Fox

12:18 pm on Tuesday, October 2, 2012

well the ruling was 4-2 so even with the 7th judge, who didn't sit because he is under incitement for corruption, the result would have been the same. so there is that.

Mike Shortall

11:47 am on Tuesday, October 2, 2012

a. People had 7 months, not "five weeks" to get IDs if they needed them.
b. If there's a finding of "no disenfranchisement", then the law passes the test that the PA Supreme Court passed down to Judge Simpson to reconsider.

The fact is, the judges in Pennsylvania lack to the commitment and intestinal fortitude to support a legally passed piece of reasonable legislation!

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Azaz Leforte

12:01 pm on Tuesday, October 2, 2012

Mike, I usually find you to be a point of levity. However, this law is a large change relative to current practices. It is true that there were 7 months to prepare - and perhaps more. I recall when I voted in the primary that there were guides related to the new law - so notice was provided.

The issue with "disenfranchisement" has more to do with how long it took the state to roll out alternative methods other than a driver's license. While the state has always offered personal ID cards, there was a fee associated. To avoid the appearance of a poll tax, the state had to find a way to issue free IDs - and that was only rolled out 5 weeks ago.

So it is true, people had notification 7 months ago. However, a mechanism was not in place until 5 weeks ago that did not equate to a poll tax.

In the end, this ruling is the prudent thing to do. Now it is time for our legislature to get the law right and roll it out properly. The voter IDs cleared one hurdle. We should have effective legislation for our next round of elections.

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Morgan King

12:10 pm on Tuesday, October 2, 2012

a) not for free, which is required by the 24th Amendment - they have only been available since the last few days of August
b) you seem to be confused - it was a finding of 'no in-person voter fraud' earlier this year. Today Judge Simpson said: "I am not still convinced in my predictive judgment that there will be no voter disenfranchisement arising out of the Commonwealth's implementation of a voter identification requirement for purposes of the upcoming election."

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ted.dobracki

12:35 pm on Tuesday, October 2, 2012

@morgan - most people, including proponents of the law, don't (didn't) realize that the voter ID law didn't even require an ID to validate a provisional vote. All you had to do is sign an affadavit that you don't have anacceptable ID to validate your provisional ballot. Read the original law and the affadavit and you will find that this is true. I wonder if the judges understood this, since many people claim you had to be indigent for this to apply, but that is not true.

The law states:
"IF ANY OF THE FOLLOWING APPLY THE ELECTOR SHALL BE PERMITTED TO CAST A PROVISIONAL BALLOT IN ACCORDANCE WITH SUBSECTION (A.4):
(1) THE ELECTOR IS UNABLE TO PRODUCE PROOF OF IDENTIFICATION:
(I) ON THE GROUNDS THAT THE ELECTOR IS INDIGENT AND UNABLE TO OBTAIN PROOF OF IDENTIFICATION WITHOUT THE PAYMENT OF A FEE; OR
(II) ON ANY OTHER GROUNDS."

The operative word is "OR" and "ANY OTHER GROUNDS" means anything, including you couldn't or didn't take the time to get the ID.

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Mike Shortall

1:55 pm on Tuesday, October 2, 2012

Morgan: I did misread Simpson's cop out statement,

Regardless, the law cannot disenfranchise anyone. Voters were the ones who would self-disenfranchise by refusing to apply for the myriad IDs offered from the Dept of State all the way down to Josh Shapiro's MontCo Printing Office!

The fact that only 12,000 IDs were issued since March, reflects a general disregard and refusal to comply with the law's requirements, not any difficulty in getting an ID. If Mrs. Applewhite was able to get an ID, anyone who showed a fraction of her persistence could as well.

Joe G.

11:47 am on Tuesday, October 2, 2012

What I do not understand is what is the big deal as to proving who U say U are? Try cashing a check some place. On, on & on.
Those who are against it must be living in a cave and something to hide.
Judge Simpson is a coward and not doing what is right.

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Eric W

11:10 pm on Tuesday, October 2, 2012

Joe G. then why is this law needed? Think about why the law is needed. it adds an additional layer of proving your identification.

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John Kahler

1:39 am on Wednesday, October 3, 2012

Cashing a check is a privilege, Voting is a constitutional right, with both PA and US. BIG difference in a democracy. And remember, we're talking about folks who are already legally registered to vote, already on the voter rolls, and their name and signature will be on the signature form that they have to sign to attest that they are the voter. That's what's the big deal, and what this law intended to do was make already legally registered voters jump through extra hoops to exercise the right that they had already been certified they had the right to exercise. And the implementation, bluntly, was so messed up that it continued to be changed, and clearly wasn't working. That's the issue. Ironically, I remember well members of congress celebrating elections in Iraq with thumbs dipped in ink, why that form of guaranteeing one vote wasn't good enough here as it was in the elections run by the provisional authority we ran in Iraq. Except maybe there was an interest in making our votes as difficult as possible, in order to effect the election, while the objective in Iraq was to make it as easy. Don't know why I would have that impression, except maybe for candid comments by legislators who passed the law.

Karen

1:40 pm on Tuesday, October 2, 2012

Hooray! No voter suppression in PA!!!

http://youtu.be/9BovRXWemws

Voter ID law halted, which will SQUASH a Mitt Romeny win in Pennsylvania, DONE!

How does that taste, Tuzai?

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Robert

1:45 pm on Tuesday, October 2, 2012

The law is on hold, not thrown out. It will be in place for the next election for governor. Don't understand why everyone is up in arms? If the lawmakers were smart they would have passed it in 2011. But no one is accusing of the lawmakers for being smart.

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PLD220

2:23 pm on Tuesday, October 2, 2012

There wasn't a need to pass it in 2011, because there wasn't an issue then with voter fraud. Oh wait, there isn't one now? So why did Tom Corbett need to rush this through after 2 months in office? For the sole purpose of making it more difficult for some people to vote. The elderly, minorities & the infirm. You know, people who tend to vote Democrat.

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John Kahler

1:43 am on Wednesday, October 3, 2012

No, the case on the long term constitutionality of the law will be heard in court starting in December. So you can't say the law will be in place in the future. This injunction placed it on hold but made no long term determination.

Karen

2:30 pm on Tuesday, October 2, 2012

Ahh, the best laid plans of mice and men often go astray....I'm just so darn happy this one did! :)

Highlight of my day!

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CyD252

2:36 pm on Tuesday, October 2, 2012

I'll take voter-ID efforts more seriously if it weren't for the fact that they're ALWAYS initiated during an election year. I predict that this pseudo-concern over "ballot-integrity" will drop completely by this December. And not a single politician will make any effort to push for voter-ID laws throughout 2013.

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Mike Shortall

3:11 pm on Tuesday, October 2, 2012

I predict that if the politicians don't drop the issue of voter ID, the same people will be whining about its "unreasonable requirements" and disenfranchised grannies next year, in 2016, in 2044 ...

tom marshall

8:02 pm on Tuesday, October 2, 2012

the dems were out in the graveyards today collecting votes

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Karen

9:10 pm on Tuesday, October 2, 2012

We should all be hanging our heads in shame that we allowed this abomination to come as close as it did to fruition. Doesn't anyone know or remember the history of voting in our country? Only rich or landed white men were originally permitted to vote! Literacy tests, religious tests, poll taxes and more outrages litter the trail to voting rights for everyone! Suffagettes were thrown in jail, and many sacrifices were made before African-Americans, women, and Native Americans among others were finally "given" their right to vote! For shame! In the year 2012 we have a group of political hacks who once again want to push back the hands of time and disenfranchise some segments of our society!! For SHAME! We all should have stood as one and marched on Harrisburg and any other state capitol which tried to pull a citizen's rights from their grasp for a political advantage.

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HGConservative

11:04 pm on Tuesday, October 2, 2012

Nobody wants to disenfranchise anyone. Except possibly dead people. Proponents of the law have asked for examples of people it would supposedly disenfranchise and have personally offered to help them get the necessary ID. Requiring a photo ID is no more unreasonable a requirement than requiring someone to register to vote in the first place.

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Mike Shortall

11:51 pm on Tuesday, October 2, 2012

You also used to be able to buy a gun on demand; drive a car when you were big enough to reach the pedals; own slaves; deny women the vote; etc., etc., etc.

Situations change and laws are made to adapt. Over thirty states have voter ID requirements. Some dating back to the 1990s. This isn't something new.

tom marshall

9:27 pm on Tuesday, October 2, 2012

went off the meds again karen?

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marion1

9:30 pm on Tuesday, October 2, 2012

Before we HAD photo drivers licenses, back in old days...we had Voter Registration Cards that we needed to take with us when we voted. When you registered you got the little card...and if you moved or changed your name you had better get a new one before the next election. Voting is a right true, but it's also one person, one vote and there are confirmed reports of individuals voting in multiple places and dead people voting, etc. If you need ID to buy Sudafed you should need to identify yourself when you vote. I sound like my grandma but i am sick of the whining and lack of personal responsibility these days--everyone is a victim and it gets old.

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CyD252

9:35 pm on Tuesday, October 2, 2012

Agreed... So let's find a responsible, well-planned way to fix the system, rather than try for a rushed, eleventh-hour job every election year.

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John Kahler

1:51 am on Wednesday, October 3, 2012

We still have voter registration cards, this was adding another layer of need without the provisions to make sure it could be implemented in a timely basis and not disenfranchise voters. More on point, someone holding a valid voter registration card might no longer have a vote. And it does nothing for absentee voting, where the ability to game the system is much more possible. The commonwealth stipulated there was no evidence of the things you say this law was meant to prevent - if you have evidence of "confirmed reports" based on court cases (ie evidence of the law being broken, not "reports" - something the commonwealth stipulated did not exist - please present it. There's also no constitutional right to Sudafed. Nor is there any "personal responsibility test" in either the US or PA constitutions when it comes to voting. Once you are of legal age, with few restrictions, it's a right. Period.

Amend Wun

9:49 pm on Tuesday, October 2, 2012

Actually, I'm down with Karen. Voting has a history in this country. Let's not ignore that. People have fought and died for that right. Any attempts to limit that right, even in the name of voter integrity, should be highly scrutinized. And fraud of any sort should not be tolerated, but nor should laws motivated by lack of evidence and/or partisan leanings; which is fraud in it's own respect.

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John Kahler

1:53 am on Wednesday, October 3, 2012

Interesting report - but it is factually based, so I suspect that makes it suspect. Thanks for the link.

Eric W

11:11 pm on Tuesday, October 2, 2012

Knew this was going to happen. It is fair.

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Mildred Roberts

4:06 am on Wednesday, October 3, 2012

TV News interviews in some Philadelphia Precincts in 2008 showed folks openly bragging about voting more than once.

"Dead voting" means names of deceased persons are on Precinct lists and a live proxy voter casts a ballot under that name. Obviously not zombies... they're all too busy posting here.

Get real about voter fraud...no prosecutions does not mean there's no fraud.

It would be wise to remember: "The absence of evidence is not evidence of absence."

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Dogman

8:56 am on Wednesday, October 3, 2012

Really Mildred? You should have no probelm providing links to any video of those interviews if they actually occured.

John Q. Public

7:13 am on Wednesday, October 3, 2012

Mildred, see-no-evil, hear-no-evil, speak-no-evil. Our NO SNITCHIN culture is deeply ingrained in the city. Poll workers there do not report fraud, but yes, celebrate it. ID won't stop fraud, but it might reduce it to an insignificant number. Not this year, but there's hope for the future.

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CyD252

7:27 am on Wednesday, October 3, 2012

On the other hand, is it worth enacting measures to stop a few hundred instances of voter fraud, if the measure has the potential to stop a few *thousand* legitimate voters from casting ballots?

If you're serious about preserving the integrity of our voting system, then each instance of disenfranchisement is every bit as detrimental as an instance of voter fraud.

Therefore, if the number of disenfranchised legitimate voters is higher than any available estimates of cases of voter ID fraud, then the measure is faulty.

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Donna Toner

7:40 am on Wednesday, October 3, 2012

PA is corrupt, they have confused all of the people who do not understand this, and I predict will not vote because of it. I will be very happy when Mitt Romney wins this state and Ohio to kick Obama and his corrupt associates out of office.

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