Upheld Pennsylvania ID Law Leaves Voters Voiceless at the Polls

During the trial challenging Pennsylvania's voter ID law, Secretary of Commonwealth Carol Aichele encapsulated its many problems as she admitted: "I don't know what the law says."

When even the state's top official in charge of implementing the law couldn't muster up a passable defense of its details, it seemed as if it would have to be struck down. But despite evidence that the law - which demands that citizens present strict, state-issued photo identification before voting - disenfranchises many voters, it was upheld.

This decision strikes a blow to Americans who want a free and fair election in November, in which all eligible citizens have an equal opportunity to vote. Attorneys from Advancement Project, the American Civil Liberties Union of Pennsylvania, the Public Interest Law Center of Philadelphia, and the Washington, D.C. law firm of Arnold & Porter LLP are taking immediate steps to appeal to the Pennsylvania Supreme Court. But let's review some of the evidence that surfaced during the trial.

Right off the bat, the Commonwealth admitted that it has no voter problem. Officials stipulated that they could not point to a single documented case of in-person voter fraud, the only kind addressed by the law, and did not believe that it's likely to occur in November.

In sharp contrast to the zero incidents of voter fraud, our attorneys provided evidence that the number of Pennsylvanians without government-issued photo ID is roughly one million. Even the Commonwealth estimated that about 760,000 Pennsylvanians lack this form of ID, and in Philadelphia, 18% of voters - nearly one in five - don't have it. The citizens most likely to be disenfranchised on account of it are disproportionately veterans, seniors and people of color.

Our attorneys also showed the difficulties in obtaining the required ID. In order to get it, citizens have to first provide underlying forms of documentation, such as a certified birth certificate or a Social Security card. This presents a double burden for citizens born in Puerto Rico because the Puerto Rican government invalidated all birth certificates issued before 2010. These citizens must renew their birth certificates in Puerto Rico, costing extra time and money to practice their most basic legal right.

Approximately half of Pennsylvania's counties have no photo ID center, or have a center that is only open one to two days per week. And the Commonwealth admitted to having no plan in place for issuing anywhere close to 760,000 photo ID cards to cover voters who need one - or close to even 10,000 cards.

Furthermore, the Commonwealth has not even adequately informed the public. Independent survey research showed that 34 percent of registered Pennsylvania voters were unaware of the voter ID law. Another 12 percent of registered voters believed that they had a valid voter ID, but they didn't.

With all these holes in Pennsylvania's voter ID law, exposing it as illogical and disenfranchising, perhaps one can understand Aichele's "I don't know" evasions. But this law simply cannot stand, and we will take our case straight to the Pennsylvania Supreme Court. Ensuring that all Pennsylvania citizens can participate in the electoral process not only concerns voters in the state; it is critical to pushing back against voter suppression nationwide and upholding the basic fabric of our democracy.

 

Follow Judith Browne Dianis on Twitter: www.twitter.com/@jbrownedianis

Comments

[cre8ov]

11:17 AM on 09/02/2012

Rep. Metcalfe, who introduced this law, says,”The only people who will be disenfranchised by our new commonsense voter photo ID law are those individuals who are trying to corrupt the voting process through election fraud.”
Tell your story when you sign my petition. Share it with everyone you know. The more signatures the greater the impact.. We’ll show him he’s wrong when I personally deliver this petition to him on September 20th.

http://signon.org/sign/postpone-pa-voter-id

[cre8ov]

11:16 AM on 09/02/2012

The Asian American Legal Defense and Education Fund and the Asian Pacific American Bar Association of Pennsylvania are backing a lawsuit to block implementation of the Pennsylvanian new voter ID law. The groups filed an amicus brief to ask for reconsideration of an Aug 15th ruling denying an injunction against the new law.

[loyalist1]

10:40 PM on 08/20/2012

43 million people in the US receiving food stamps. Don't they know where their ID cards are?

[Patrick Shane]

12:16 PM on 08/20/2012

This is Voter Suppression at its finest. If this was really to protect the voting process from 'voter fraud' than it would have been implemented years ago. Why are they waiting several months before a presidential election to impose this new law?

Watch the video and sign the petition to end Voter Suppression.

http://www.youtube.com/watch?v=L9TjVsQa57c

[Eidolas]

03:06 PM on 08/21/2012

Baloney. Voter ID suppresses no one's vote. However will the ederly get an ID? Maybe the same way this 93 year old woman did, who was the star witness in the ACLU's case against voter ID laws in Pennsylvania:

http://www.philly.com/philly/video/BC1789606029001.html

[Patrick Shane]

03:21 PM on 08/21/2012

You think 2 months is more than enough time to help everyone get their voter ID's when in reality, 2 months is not enough time. The truth of the matter is that if all of these cries over 'voter fraud' are so valid and important, why wasn't this law implemented immediately after the last presidential election, FOUR YEARS AGO?

And why did Mike Turzai come out and say that 'voter id will allow gov romney to win the state of PA'? what did he mean by that??

Further why did Florida's former Republican Party Chairman Jim Greer publicly admit that the GOP in his state systematically pushed for harsh new voter ID laws in order to suppress the vote -- specifically that of African Americans and young people?

I guess he was lying...

[GroveGal10]

08:04 AM on 08/20/2012

Please press on with this! While it's affecting PA voters now, it's affecting other states, too. I support you in your fight to the Supreme Court. Voter fraud is a GOP strategy to steal the election because they cannot win it any other way.

[loyalist1]

11:44 PM on 08/19/2012

You would think a person would at least be able to find their food stamp card......

[Mailman]

10:35 PM on 08/19/2012

People who are depended on people are afraid to think for themselves. Getting an ID, someone told you it was needed to get welfare people would be down at the DMV in ten seconds. By the way, you can't get any government assistance without ID. Nor can you get in the White House to go on tour.

[Eidolas]

03:08 PM on 08/21/2012

Nor vote in many union elections or attend certain political events. I guess it's OK to require an ID when you want to go listen in person to your favorite Democrat rail against voter ID laws.

[cre8ov]

11:27 AM on 09/02/2012

The point is that that id that might be good enough to get welfare is not good enough to vote in PA. Why the higher standard for a basic right of democracy?

[swev]

03:49 AM on 09/25/2012

Where do you get that from? All photo ids issued by the federal government or Pennsylvania are valid. Even elderly care facility ID cards are accepted. In addition, you can get a voter ID card free of charge from any Driver License Center, and if you don't have it when you vote, you can supply it up to six days later.

[crashcartjockey]

07:33 PM on 08/19/2012

Can someone please explain t me how requiring an ID is voter suppression when all that you have to do is go get one. No one is preventing you from getting an ID. If the government is preventing you from getting an ID and then making it mandatory, then that is voter suppression.

[arizcitizen]

03:47 AM on 08/20/2012

IT IS SOOOOOOO TOUGH IN PA. BIRTH CERTIFICATES COST TEN BUCKS, AND THE STATE ID PHOTO IS FREEEEEEEEEEEEEEEEEEE...... YES THOSE ARE REALLY DIFFICULT HURDLES TO VOTING. MAYBE BY THE YEAR 2016 PA VOTERS WILL HAVE MANAGED TO GET THOSE REALLY HARD REQUIREMENTS. I DOUBT IT THO. THEY WOULD RATHER COMPLAIN, YEAR AFTER YEAR AFTER YEAR.

[cre8ov]

11:32 AM on 09/02/2012

If it was like VA law which just wants something else with your name on it, that's one thing, but the PA law is very specific on what ID it requires. A lot of people have ID, not just the specific ID required. The law allows PA state employee IDs but they have to have an expiration date on them. Do you think the PA assembly didn't know the ID's don't have dates? When you do not drive, have to go to a Penndot center,( less than 1 in 5 do voter id) miles away, wait, fill out forms, hand in forms, go home, wait 10 days for verification of birth certificate, go back to penndot center, fill out more forms and than get your id, maybe. If you work, that's 2 days lost wages, a senior, that's a painful process for someone with limited mobility, if you homebound, there's no way to get one. If you have other questions I can answer, please reply.

[BlairCase]

11:59 AM on 08/19/2012

It took Viviette Applewhite, the celebrated 93-year old Pennsylvania woman who had no birth certificate driver license, or marriage certificate, only a short bus ride and a few minutes to get her voter ID. The PennDOTclerk simply matched her name against her Social Security number. Nowe she has a state-iissue voter ID she can use for other purposes beside voting.

[cre8ov]

11:34 AM on 09/02/2012

No, first she had to be a plaintiff in a law suit. She got that ID without all the necessary paperwork. The exception, not the rule.

[ariesheart23]

09:51 AM on 08/19/2012

I am a Black American. All you have to do is get an I.D. If you are a legal American, you should have one. You have to have one to go to the doctor, social security, the bank, social services, etc. If you don't have one by now, to bad.

[cre8ov]

11:38 AM on 09/02/2012

Many of the people without ID, are not without ID. They just do not have the specific ID necessary to vote. If you show a poll worker your veterans ID with your name and picture, and your name is the same in the voting registry, your signature matches and your birthday matches, why wouldn't the poll worker know it is you? Does an expiration date change who you are? NO. The reality not the rhetoric.

[rationaltactics]

10:18 PM on 08/18/2012

I'm glad to see that this law is being upheld. Hopefully more states start implementing this law.

I just hope that the government puts in the effort to inform everyone well in advance and are able to provide the IDs if all of a sudden the people without an ID want one.

[cincinnati]

05:36 AM on 08/19/2012

Weird !

Even the aggressive GOP Sec. of State of Ohio....also practicing voter suppression...
said the PA laws make NO SENSE ! ! !
and he did not ask for similar !

NO Problem = only reason for the law's = Voter Suppression !

[writingit]

05:49 PM on 08/18/2012

There is enough time for any and everyone in Pennsylvania to obtain a State issued ID card. If they can produce valid ID to purchase liquor, cash in lottery tickets, and cash checks from all sources, then they can obtain a "free" state issued ID. I am Black nad I have worked the elcetion polls many times over, and it is my position that the entire country should require valid proof of Identification because I have continuously seen a larger number of Asians as well as Mid Easterners who can barely speak English come to the Polls with just their voter registration card. Voter ID fraud is an issue that should transcend political opportunities and cincentrate on the security of this country.

[Lois Johnson]

04:46 AM on 08/20/2012

Can you say Voter Rights Bill

[cre8ov]

11:49 AM on 09/02/2012

When they signed the voter register, did their signatures match? If so on what grounds would you think they are not who they say? Did you challenge their signature? Did you report irregularities to the election board? Or were you just someone who was handing out literature, because it sounds like you do not know how the system worked. I am a majority inspector of elections and know how it works and this unnecessary law makes it more difficult for thousands of people who have been voting legally for years. Most voter fraud is from registration and absentee ballots, neither of which this law addresses. In court under oath PA rep said there were no cases of in person voter fraud. Why this law than? Why not a law that addresses real voters fraud? Because more republicans vote by absentee ballot than dems.

[LitSpeaks]

05:45 PM on 08/18/2012

Whether people agree or not with voter ID laws, we should all question the motivation behind these laws. In this political climate why matters as much as what's being done. If the voter ID laws were about voting integrity then we should have them. But these laws are all about stealing the White House by suppressing votes. No American should support that.

[rationaltactics]

10:23 PM on 08/18/2012

I disagree. Focussing on the motivation behind implementing the law isn't so important since it's only speculation. The logical reasoning behind the law makes sense. That is what is important.

[hanleybrand]

11:15 PM on 08/19/2012

Except it's not an issue in PA. And in PA, it's costing us both millions of dollars, according to the Philadelphia Inquirer:

"[Stephanie Singer, chairwoman of the City Commissioners said] the state is spending millions on voter ID while postponing projects that some believe do more to preserve the integrity of elections than voter ID."

http://articles.philly.com/2012-08-16/news/33233687_1_absentee-ballot-absentee-ballots-new-voter-identification-law/2

[cre8ov]

11:55 AM on 09/02/2012

The logical reasoning behind the law does make sense, but if you actually read the law, know that there is no in person voter fraud in PA, see how limited that types of ID are (many were non existent when the law passed) see that it doesn't address voter registration, double voting because a valid address is not necessary or absentee balloting were fraud has actually existed, them you begin to wonder were that logic went The reality not the rhetoric.

[cincinnati]

05:39 AM on 08/19/2012

Yes, fanned....no Decent person or patriot...

unfortunately so many in the GOP are not decent
when it comes to fair elections....
True Believer's....
so they think Anything Goes.....Cheating is ok with them !

Stealing Ohio 2004.......and they will try again !

[relentless63]

12:24 PM on 08/18/2012

This is a judgement in search of a reason and the reason is that state republicans have decided that the election should be served cooked.

[hjo4]

02:36 AM on 08/18/2012

Chances are this will be the law, what those who do not have proper id should do is request an absentee ballott. It will be mailed to you , you vote and return it. There is more than one way to skin a cat. This is a minor set back but those who to vote can without going to a poll.