One day after a Republican judge issued a ruling in support of the state’s controversial and hotly contested voter ID law, attorneys for the petitioners filed an appeal with the Pennsylvania State Supreme Court.
The law, which opponents said was rushed through the state Senate and the House of Representatives to the desk of Governor Tom Corbett to sign, requires voters to produce a valid state-issued identification card at the polls and was challenged in court. On Wednesday, Judge Robert Simpson issued a ruling stating that the petitioners didn’t present convincing proof that the law violated the state constitution or would cause undue hardship to the elderly, the poor and student voters in the upcoming November presidential elections. Simpson said there wasn’t sufficient evidence to support issuing an injunction.
“Hundreds of thousands of voters could be effectively shut out of the election process under the guise of voter fraud,” said Democratic state Senator Vincent Hughes. “Without any evidence of this so-called fraud, this law is nothing more than another way to tip the odds in favor of the Republican presidential candidate this November. This is an extremely partisan law that Pennsylvania is ill-prepared to implement. It is my plan to continue to fight this voter suppression law, and assist the public with obtaining the necessary documentation to vote in November.”
Democratic legislators said the law tramples on the constitutional rights of voters and amounts to nothing more than a re-formulated poll tax or literacy test that was once used to discriminate against Black and other minority voters. Opponents say the law is nothing less than voter suppression.
“We should not make it harder for people to exercise their right to vote,” said state Senator Mike Stack. “The passage of the voter ID measure into law and subsequent court ruling are extremely disappointing because this law was crafted for partisan advantage, rather than voter protection. When laws are crafted for partisan political gain, we lose the public’s trust.”
House Bill 934, now Act 18, was passed on March 14, 2012. Republican lawmakers who backed the measure said it was to prevent voter fraud, but legal experts on the state and federal level could find no reports of voter fraud. Democratic lawmakers warned from the initial introduction of the measure, sponsored by Rep. Daryl Metcalf, R-Butler, that its purpose was voter suppression and its real purpose was to stack the odds in favor of Mitt Romney in November. Governor Tom Corbett quickly signed Act 18 into law once it passed the Senate and Pennsylvania House of Representatives, making the Commonwealth one of 16 Republican-controlled states to have such a law.
Votes by four justices would be needed to overturn Judge Simpson’s ruling. At present the Pennsylvania Supreme Court is split between three Republicans and three Democrats. Republican Justice Joan Orie Melvin was recently suspended following allegations of corruption.
“We’re going to need four of the six justices to vote in our favor if we’re to get an injunction,” said Vic Walczak, legal director of ACLU Pennsylvania. “Our legal posture was to block enforcement of the law to basically give all parties a chance to review its legality and merits. We’re still analyzing Judge Simpson’s decision. We filed a motion to expedite everything and while there may be an oral argument, we’re expecting a decision by September 10. If the justices rule in favor of the law, it’s going to be a sad day for democracy and we’ll see exactly what that means in November. Hundreds of thousands of people will be unable to vote and we’re not just talking about poor minorities; what about poor whites in rural counties? This law applies across the board.”