HARRISBURG, Pa. (AP) — A judge postponed Pennsylvania’s controversial voter identification requirement on Tuesday, ordering the state not to enforce it in this year’s presidential election.
The decision by Commonwealth Court Judge Robert Simpson on the law requiring each voter to show a valid photo ID could be appealed to the state Supreme Court. The law could go into full effect next year, under Simpson’s ruling.
However, Simpson based his decision on guidelines given to him days ago by the high court justices, and it could easily be the final word on the law just five weeks before the Nov. 6 election.
His ruling came after listening to two days of testimony about the state’s eleventh-hour efforts to make it easier to get a valid photo ID. He also heard about long lines and ill-informed clerks at driver’s license centers and identification requirements that made it hard for some registered voters to get a state-issued photo ID.
The 6-month-old law — now among the nation’s toughest — has sparked a divisive debate over voting rights and become a high-profile political issue in the contest between President Barack Obama, a Democrat, and Republican nominee Mitt Romney, for Pennsylvania’s prized 20 electoral votes.
Pennsylvania, traditionally considered one of the most valuable a presidential swing states, is showing a persistent lead for President Barack Obama in independent polls. As a result, the state has been virtually empty of presidential TV ads and off the candidates’ beaten paths to more contested states in recent weeks.
Pollsters say an identification requirement could mean that fewer people end up voting and, in the past, lower turnouts have benefited Republicans in Pennsylvania. But Democrats have used their opposition to the law as a rallying cry, turning it into a valuable tool to motivate volunteers and campaign contributions while other opponents of the law, including labor unions, good government groups, the NAACP, AARP and the League of Women Voters, hold voter education drives and protest rallies.
Here are the major provisions of Judge Robert Simpson’s 16-page ruling:
—VOTERS WON’T NEED PHOTO ID:
Simpson issued an injunction against provisions of the law that would keep people from voting if they don’t have photo identification. Those voters will not be required to follow an alternative procedure in which they would vote by a provisional ballot, and then prove their identity to county election officials within six days of the election. Instead, they will vote the same as others.
—THE RULING ONLY EXTENDS TO THE COMING ELECTION:
The legal challenge to the law will continue before Simpson, with a status conference set for Dec. 13 in Harrisburg.
—THE JUDGE SAID THE LAW COULD DISENFRANCHISE SOME VOTERS:
Simpson said that with five weeks to go before the election, some people who would need photo IDs to vote might not get them in time.
—VOTER EDUCATION ABOUT PHOTO ID WILL CONTINUE:
Opponents sought a ban on outreach and educational efforts regarding the need for photo ID. Simpson denied that request.
—ELECTION OFFICIALS MAY STILL ASK FOR ID AT THE POLLS:
As occurred in the spring primary, voters can be asked for photo ID, but if they don’t have one, they won’t be kept from voting.
—WHAT’S AT STAKE:
Supporters of the law framed it as a means to prevent voter fraud, and a key state House Republican lawmaker predicted it would be critical to helping presidential candidate Mitt Romney win the state. Opponents said it would result in qualified voters being unable to cast ballots that are counted.