Tag: Voter ID

Pennsylvania Judge Robert Simpson, who had previously ruled that the state voter ID  law could go forward, has suspended the portion of the law that would required voters to have a state issued ID to vote on November 6. Voters can still be asked for ID but if don’t have it, they can still go ahead and vote:

Judge Simpson said in his Tuesday ruling that for the presidential election of Nov. 6, voters in Pennsylvania could be asked to produce the newly required photo IDs, but if they did not have them could still go ahead and vote. The decision could still be appealed to the state Supreme Court.

“While we’re happy that voters in Pennsylvania will not be turned away if they do not have an ID, we are concerned that the ruling will allow election workers to ask for ID at the polls and this could cause confusion,” said Penda D. Hair, co-director of Advancement Project, one of the groups that challenged the law. “This injunction serves as a mere Band-Aid for the law’s inherent problems, not an effective remedy.”

The ruling does not stop the law from being enforced in future elections and there are some serious concerns. Poll workers can still ask for ID and that creates confusion about provisional ballots, as David Dayen at FDL News points out:

Just think of the scenarios. A voter is asked for ID, and producing none, instructed to write a provisional ballot. Technically that ballot must be counted, but the voter might leave, suspecting their vote won’t count. Or they may not follow the provisional ballot instructions closely enough. Or poll worker error could easily lead to a voter being asked to leave without voting. [..]

So this all relies on poll workers knowing that the provisional ballot process is not in effect for voter ID, but that they have to ask for a voter ID anyway. I’m not necessarily confident in that approach, but it’s better than how it initially looked.

What Atrios said

I tried to read the ruling, but it’s written in gibberish. The smart lawyer people on the internet seem to agree that the judge has decreed that poll workers will ask for IDs, but if people don’t have them they should let them vote anyway. In other words, better than nothing but untrained poll workers are not going to have any idea what they’re supposed to do so this election in PA will be a complete mess.

A North Carolina anti-election fraud group delivered a list of nearly 30,000 names to the state board of elections insisting that the names be removed from eligible voters list because, the group claims, these voters are dead. The facts are not all of these people are dead and the group, the Voter Integrity Project, had no evidence that any voted were cast by anyone using a dead person’s name.

The board began reviewing the list last Tuesday and determined that it had almost 20,000 of the names from a 10-year audit of data from the state Department of Health and Human Services, said Veronica Degraffenreid, the board’s director of voter registration and absentee voting.

More than one third of those 20,000 names were already listed as inactive, meaning they were on track for removal from the voting rolls, Degraffenreid said. Of the remaining names provided by the Voter Integrity Project, 4,946 had a match on first and last names and date of birth, Degraffenreid said, and county election boards will investigate to see if they should be removed.

She said that of all the records submitted by the organization, 196 showed voting activity after their date of death, though many of them died within days of the election and had submitted absentee ballots. [..]

Meanwhile, cases of fraud remain rare. In 2009, the board referred 29 cases of double voting to county district attorneys, according to a board report. Since 2000, the board has referred one case of voter impersonation, the report states.

Some voters were pretty upset when they received letters from their local board of elections informing them that they were no longer eligible to vote because they were dead.

Carolyn Perry remembers voting in her first election. It was 1967 in Ohio, a municipal election, and she was 21 years old.

“The people at the polls introduced me and said, ‘This is Carolyn and this is her first time to vote,'” recalled the retired special education teacher.

Perry, who has been registered to vote in North Carolina since at least 1975, according to election records, was dismayed to receive a letter this month from the Wake County Board of Elections suggesting she may no longer be qualified to vote because she might be dead.

“My initial reaction? I was mad as hell,” Perry said Monday morning. [..]

“I’ve had some people call who have been enraged,” said Gary Sims, deputy director of the Wake County Board of Elections. Others, he says, have laughed off the errant letters. That range of reactions has been seen in other states where either official actions or similar nonprofit-driven efforts have sought to purge dead voters. [..]

Gary Bartlett, director of the State Board of Elections, said state officials discovered that the Department of Health and Human Services wasn’t reporting some deaths that occurred out of state to elections officials. Those voters are now being investigated, he said.

But Bartlett adds that neither the state nor any of the county boards have yet discovered someone who voted when they should not have as a result of the Voter Integrity Project’s submission. Bartlett says he doesn’t rule out the possibility it could happen, but he points out that election officials have access to Social Security numbers, birthdays and drivers license numbers that citizen groups cannot legally get. All of those pieces of information have been used to differentiate between those who are really dead and those who are expected to show up at the polls this November, he said.

Voting rights have come under attack in the last few years based mostly on the false premise of voter fraud. Civil liberties and private citizen groups have been fighting back with some help from the Federal Government in states that are governed by the 1965 Voting Rights Act that ended “Jim Crow” laws. Recent federal court rulings threw out the voter ID laws in Texas, South Carolina and the District of Columbia.

In Pennsylvania this week, the State Supreme Court handed down a 4 – 2 ruling that returned that state’s controversial voter ID law (pdf) back to the Commonwealth Court for review with these instructions:

Thus, we will return the matter to the Commonwealth Court to make a present assessment of the actual availability of the alternate identification cards on a developed record in light of the experience since the time the cards became available. In this regard, the court is to consider whether the procedures being used for deployment of the cards comport with the requirement of liberal access which the General Assembly attached to the issuance of PennDOT identification cards. If they do not, or if the Commonwealth Court is not still convinced in its predictive judgment that there will be no voter disenfranchisement arising out of the Commonwealth’s implementation of a voter identification requirement for purposes of the upcoming election, that court is obliged to enter a preliminary injunction.

In other words, the state must show that they can get a valid ID in the hands of any eligible voter who wants one between now and the election. If they can’t and , the court believes that voters will be disenfranchised, then the court must issue an injunction enjoining the law.

After all this country went through in the 1960’s to ensure the voting rights of minorities, it seems surreal that we are having a similar battle to protect not only those same minorities but the elderly, the poor, and students.