Update on the Pennsylvania Voter ID Law: A Judge Denies an Injunction

Pennsylvania Commonwealth Court Judge Robin Simpson denied a preliminary injunction against the state’s new voter identification law.  He ruled that the law reasonably addresses a concern of the legislature, is not required to address a problem that already exists, does not impose a new qualification to vote and is not intended to deny any individuals the privilege to vote.  Judge Simpson also noted the provisions of the law to allow voters to obtain a valid photographic identification free of charge, the Commonwealth’s plans to educate the public about the new requirement and the provisions of the law that permit voters to cast absentee ballots or provisional ballots coupled with signing an affidavit, as well as something the opponents of the law failed to consider: the ability of voters to seek judicial relief. 

Judge Simpson found that at most the law might burden only a few people, which would not justify overturning the law that addresses a reasonable concern of the legislature to protect the integrity of the ballot and does not burden the overwhelming majority of citizens, while the various provisions of the law could afford voters sufficient protection for their franchise.  In denying the injunction, the Judge did not rule out the possibility that a voter could prevail on the merits of his claim to have been disenfranchised if such an event occurs, but the high standard necessary to set aside the implementation of the law could not possibly have been made at this point.  The opponents of the law are likely to appeal, but are unlikely to prevail, which would require at least a two thirds vote of the six members of the State Supreme Court, meaning that the law is likely to be implemented in time for the 2012 General Election.

See also my post from earlier this month, in which I made some of the same legal arguments accepted by Judge Simpson, a Republican for whom I campaigned for nomination and election, while arguing that there is a voter fraud problem in Pennsylvania: http://williamcinfici.blogspot.com/2012/08/update-on-pennsylvania-voter-id-law.html and my post announcing the signing of the voter ID bill into law by Governor Tom Corbett from March of 2013: http://williamcinfici.blogspot.com/2012/03/corbett-signs-voter-id-requirement-into.html.