Pennsylvania’s Voter ID Law Stands, but not for 2012

            Pennsylvania Commonwealth Court Robin Simpson issued a preliminary injunction against the specific provisions of the state’s voter photographic identification requirement for all voters that would have disenfranchised those who attempted to cast ballots without proper photo ID.  He denied the petition of the law’s opponents for a permanent injunction, thereby letting the rest of the popular law passed by the state’s majority Republican General Assembly and signed by Republican Governor Tom Corbett stand, as his injunction is only temporary.

            See also my previous posts on Pennsylvania’s voter ID law: Corbett Signs the Voter ID Requirement into Pennsylvania Law, from March of 2012, http://williamcinfici.blogspot.com/2012/03/corbett-signs-voter-id-requirement-into.html; Update on the Pennsylvania Voter ID Law, from August of this year, http://williamcinfici.blogspot.com/2012/08/update-on-pennsylvania-voter-id-law.html; and Update on the Pennsylvania Voter ID Law: A Judge Denies an Injunction, also from August of 2012,  http://williamcinfici.blogspot.com/2012/08/update-on-pennsylvania-voter-id-law_15.html.

            Specifically, Judge Simpson cited a section in the voter ID law that required voters without photo ID not to be disenfranchised in ruling that the provisional ballots of those who were unable to produce photo ID up to six days after casting the provisional ballot would not be counted.  The Judge was ordered to issue an injunction by the state Supreme Court if he found there would be disenfranchisement.  He noted the significant efforts of the Commonwealth to educate voters about the need for photo ID and to make free access to photo IDs even easier than at the time of the Court’s first hearing, but determined that the effort would fall short by the 2012 General Election on November 6 of preventing some disenfranchisement.  Judge Simpson, however, rejected the petition of the opponents of the voter ID law to suspend the state’s efforts of educating voters about the need for photo ID, as he allowed the requirement to stand for subsequent elections. 

Thus, the General Election will resemble the Primary in Pennsylvania, in that voters in the Commonwealth will be asked to present photo ID, but not be denied the franchise without it.  Under a previous state law, first time voters will continue to be required to present valid identification in order to cast ballots. 

The Commonwealth Court ruling could be appealed to the Supreme Court.

            Alas, if the ruling stands, those who would commit voter fraud would have one last chance to impersonate voters.  But Pennsylvania would soon have elections that reflect the principle of one man, one vote, as there will no longer be any excuse for the lack of photographic identification for voters.  Although many other election reforms are necessary in Pennsylvania in order to eliminate fraud and other irregularities, a measure of confidence in the democratic process would have been established.