Gov. Tom Corbett announced last week that the state would not appeal a ruling invalidating the proposed voter-ID measure, effectively killing the law many had deemed discriminatory.
Four months ago, Commonwealth Court Judge Bernard L. McGinley ruled that the voter-ID law, which would have mandated state-issued photo identification to vote, would burden potential voters who lacked ID. The state appealed to the Pennsylvania Supreme Court, which kicked the case back to McGinley, who last month refused to revisit it.
Opponents of the measure, which Corbett signed into law in March 2012, argued that it could have had a negative impact on transgender and gender-nonconforming voters, as well as elderly, minority and low-income Pennsylvanians.
In his decision, McGinley argued that the right to vote should be universal for all Pennsylvanians.
“The right to vote, fundamental in Pennsylvania, is irreplaceable, necessitating its protection before any deprivation occurs,” he wrote.
Although the state will not pursue an appeal, Corbett re-emphasized his support for the concept of voter ID.
“A photo-identification requirement is a sensible and reasonable measure for the commonwealth to reassure the public that everyone who votes is registered and eligible to cast a ballot,” he said, noting that the court’s rejection of the law was predicated on the logistics of voters gaining access to new ID. “The court made clear that in order for a voter-identification law to be found constitutional, changes must be made to address accessibility to photo identifications.”
A coalition of anti-voter-ID proponents sued the state shortly after the law’s passage, prompting Commonwealth Court Judge Robert Simpson to temporarily block the law from going into effect before the November 2012 election.
American Civil Liberties Union of Pennsylvania legal director Witold Walczak applauded Corbett for not pursuing an appeal.
“We commend the governor for not continuing to push a dangerous and unnecessary law that would disenfranchise hundreds of thousands of voters,” he said.
Public Interest Law Center of Philadelphia executive director Jennifer Clarke said she’s glad to see the two-year legal battle come to a close.
“The state’s decision not to appeal makes it very clear that, with the exception of first-time voters, poll workers simply may not ask people for identification. Period,” she said “There is no waiting around for a new decision, no new roll-out and no question that people can now cast their votes. This law is dead.”