[EL] CORRECTION re voter id
Rick Hasen
rhasen at law.uci.edu
Tue Oct 2 07:47:22 PDT 2012
CORRECTED Breaking News: PA Trial Court Requires State to Count
Ballots from Voters Without ID This Election, Now Updated with
Analysis <http://electionlawblog.org/?p=40927>
Posted on October 2, 2012 7:37 am <http://electionlawblog.org/?p=40927>
by Rick Hasen <http://electionlawblog.org/?author=3>
You can find the judge's 18 page order here
<http://electionlawblog.org/wp-content/uploads/pa-id-remand.pdf>.
In a nutshell, the judge has found that there will still be at least
some voter disenfranchisement caused by the new law, because it does not
appear that Pa. officials could get id's into the hands of everyone who
wants one before the election. There earlier PA Supreme Court decision
required the judge to enjoin enforcement of the law if he found
disenfranchisement on remand, and he has.
But the judge enjoined only part of the law. UPDATE and CORRECTION: The
state may still ask for id. But it must accept a ballot even if the
voter fails to have id. It will not be necessary to cast a provisional
ballot. [This is a correction from en earlier post.] This may cause
confusion at the polls, as the state will still have poll workers ask
for id, even though a voter can vote without it.
The state may appeal. I expect any state argument along these lines to
be rejected by the state Supreme Court, given the last ruling.
And after the election there will be a full trial on whether or not to
permanently enjoin the law. I predict that after this election, the PA
courts will in fact uphold the voter id law, perhaps even on a unanimous
vote of the state Supreme Court.
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On 10/2/12 7:39 AM, Rick Hasen wrote:
>
>
> Breaking News: PA Trial Court Requires State to Count Ballots from
> Voters Without ID This Election, Now Updated with Analysis
> <http://electionlawblog.org/?p=40927>
>
> Posted on October 2, 2012 7:37 am
> <http://electionlawblog.org/?p=40927> by Rick Hasen
> <http://electionlawblog.org/?author=3>
>
> You can find the judge's 18 page order here
> <http://electionlawblog.org/wp-content/uploads/pa-id-remand.pdf>.
>
> In a nutshell, the judge has found that there will still be at least
> some voter disenfranchisement caused by the new law, because it does
> not appear that Pa. officials could get id's into the hands of
> everyone who wants one before the election. There earlier PA Supreme
> Court decision required the judge to enjoin enforcement of the law if
> he found disenfranchisement on remand, and he has.
>
> But the judge enjoined only part of the law. He said that the state
> can still ask for id, and give voters a provisional ballot if they
> lack the id. However, the state /must count/ otherwise complying
> provisional ballots in this election even if the voter lacks id.
>
> A more straightforward way to have handled things would have been to
> bar the state from even asking for id; this two step is bound to
> create some confusion. And there are often problems with the counting
> of provisional ballots, which requires the exercise of some discretion
> by election officials. Still, this likely will mean many fewer people
> in PA disenfranchised by this requirement in this election.
>
> Either side may choose to appeal this ruling to the state Supreme
> Court. The plaintiffs may ask for a broader injunction, barring the
> state from even asking for ID at the polls in this election. The
> state may argue that it can implement the law in time. I expect any
> state argument along these lines to be rejected by the state Supreme
> Court, given the last ruling. Less clear is how they might react to a
> further appeal from the Plaintiffs.
>
> And after the election there will be a full trial on whether or not to
> permanently enjoin the law. I predict that after this election, the
> PA courts will in fact uphold the voter id law, perhaps even on a
> unanimous vote of the state Supreme Court.
>
> Share
> <http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D40927&title=Breaking%20News%3A%20PA%20Trial%20Court%20Requires%20State%20to%20Count%20Ballots%20from%20Voters%20Without%20ID%20This%20Election%2C%20Now%20Updated%20with%20Analysis&description=>
> Posted in election administration
> <http://electionlawblog.org/?cat=18>, The Voting Wars
> <http://electionlawblog.org/?cat=60>, voter id
> <http://electionlawblog.org/?cat=9> | Comments Off |
> --
> Rick Hasen
> Chancellor's Professor of Law and Political Science
> UC Irvine School of Law
> 401 E. Peltason Dr., Suite 1000
> Irvine, CA 92697-8000
> 949.824.3072 - office
> 949.824.0495 - fax
> rhasen at law.uci.edu
> http://law.uci.edu/faculty/page1_r_hasen.html
> http://electionlawblog.org
> Now available: The Voting Wars:http://amzn.to/y22ZTv
>
>
>
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--
Rick Hasen
Chancellor's Professor of Law and Political Science
UC Irvine School of Law
401 E. Peltason Dr., Suite 1000
Irvine, CA 92697-8000
949.824.3072 - office
949.824.0495 - fax
rhasen at law.uci.edu
http://law.uci.edu/faculty/page1_r_hasen.html
http://electionlawblog.org
Now available: The Voting Wars: http://amzn.to/y22ZTv
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