HARRISBURG – Pennsylvania Commonwealth Court Judge Robert Simpson has decided against issuing a preliminary injunction to block the state’s new voter identification law, which requires that every voter present a valid photo ID at the polls.
In his 70-page decision, Simpson only ruled regarding whether to thwart the new voter photo ID law from going into effect for November’s general election. He indicated that the challenge didn’t meet all the requirements for granting an injunction.
The judge said the plaintiffs put a face to those who would be burdened by the new voter ID law. However, the judge said “the inconvenience of going to PennDOT, gathering required documents and posing for a photograph does not qualify as a substantial burden on the vast supermajority of registered voters.”
He also noted that state officials have been actively trying to resolve the issues related to obtaining voter ID. He said this would allow the law’s enforcement in a nonpartisan and even-handed manner.
“The statute simply gives poll workers another tool to verify that the person voting is who they claim to be,” said Simpson.
On May 1, the state’s American Civil Liberties Union, the Advancement Project, the Public Interest Law Center of Philadelphia (PILCOP) and the Washington, D.C.-based law firm of Arnold & Porter LLP filed a lawsuit in the Commonwealth Court of Pennsylvania to overturn the voter ID law passed by the General Assembly in March.
The lawsuit alleged that the state’s voter photo ID law violates the Pennsylvania Constitution by depriving citizens of their most fundamental constitutional right – the right to vote. The plaintiffs asked the Commonwealth Court to issue an injunction blocking enforcement of the law before November’s general election.
Further, it alleged that if the law is not overturned, most of the plaintiffs will be unable to cast ballots in the fall, despite the fact that many of them have voted regularly for decades.
A seven-day hearing on the challenge was heard by Simpson from July 25 through Aug. 2. Following the judge’s decision, the plaintiffs indicated their intentions of immediately appealing the decision to the state’s Supreme Court, according to a statement released on the state’s ACLU web site.
“I just can’t believe it,” said Viviette Applewhite, the 93-year-old lead plaintiff in the lawsuit. “Too many people have fought for the right to vote to have it taken away like this. All I want is to be able to vote this November like I always have. This law is just ridiculous.”
The following statement can be attributed to Witold “Vic” Walczak, legal director, ACLU of Pennsylvania:
“Given clear evidence that impersonation fraud is not a problem, we had hoped that the court would show greater concern for the hundreds of thousands of voters who will be disenfranchised by this law.”
The following statement can be attributed to Jennifer Clarke, executive director, Public Interest Law Center of Philadelphia (PILCOP):
“The determined men and women who came to court to describe their love of this country because we can all participate through the ballot box, will simply have to wait for another day and another court to vindicate this most cherished of all rights.”
The following statement can be attributed to David Gersch, Arnold & Porter:
‘We are disappointed but will seek to appeal. At trial, we demonstrated that there are about a million registered voters who lack the ID necessary to vote under Pennsylvania’s photo ID law. If the court’s decision stands, a lot of those people will not be able to vote in November.”
The following statement can be attributed to Penda Hair, co-director, Advancement Project:
“This is a huge setback for the right to vote. It’s contrary to core American values and sadly takes us back to a dark place in our country’s history. We hope the Pennsylvania Supreme Court will see through this and affirm that all Pennsylvania voters have a right to be heard at the ballot box.”
The Associated Press contributed to this report.