Judge keeps Pennsylvania voter ID law alive

Ed Farnsworth places a sticker on his jacket after casting his ballot during the Republican primary election April 24, 2012, at Northern Liberties Neighbors Association in Philadelphia. / Getty Images

Updated at 1:08 p.m. ET

(CBS News) In a decision that could bear a direct impact on the presidential race, a state judge Wednesday upheld Pennsylvania's new photo ID law, which would require all registered voters to produce a state-issued or state-sanctioned photo ID at the polls in order to be able to cast a ballot this November. 

Contrary to arguments brought by opponents of the new law, Commonwealth Court Judge Robert Simpson, in Harrisburg, Pa., said he did not believe that "disenfranchisement was immediate or inevitable."

In a 68-page decision, Simpson wrote, "The photo ID requirement...is a reasonable, non-discriminatory, non-severe burden when viewed in the broader context of the widespread use of photo ID in daily life. The Commonwealth's asserted interest in protecting public confidence in elections is a relevant and legitimate state interest sufficiently weighty to justify the burden." 

The court challenge to the new law was brought by a group of plaintiffs who alleged the new law was an unfair burden and that the cost in dollars and time to acquire the documents to get the photo ID were akin to an unconstitutional poll tax. 

The lead plaintiff was Viviette Applewhite, a 93-year-old Philadelphian who has never had a driver's license. 

Applewhite has been voting since the 1940s, but her Social Security card will no longer be adequate proof of ID, and her birth certificate is not in her legal name. 

Pa. voter ID law on trial
Pennsylvania voter ID law case draws to a close 

"I don't think it's fair. I don't think should have to have a piece of paper to vote," Applewhite said in a recent interview with CBS News. "I think it should be my right to vote." 

Another plaintiff, Bea Bookler, 94, testified at the trial that she was too infirm to travel to a driver's license center to get an ID. 

"I will be unable to vote," Bookler told CBS News in a recent interview. "I have voted in every presidential election, and I hope to vote in every one until I die, but I am afraid I won't be able to vote in this one because I don't have photo ID." 

Simpson found Bookler could vote by absentee ballot. With his ruling -- though it will be appealed to the state Supreme Court -- Pennsylvania becomes the biggest presidential "battleground" state with a new photo ID law. It is one of 10 states to adopt such laws in the past two years in the name of stopping voter fraud. But CBS News surveyed all 10 of those states and can report found the number of voter fraud convictions is very rare: fewer than 70 voter fraud convictions in the past decade among 40 million registered voters in those states. In Pennsylvania, for example, there have been no convictions for voter fraud on state or federal charges in the past decade.

A new study funded by the Knight Foundation and the Carnegie Corporation, which surveyed all 50 states, found that instances of voter impersonation fraud across the country are "infinitesimal" -- about one instance of voter impersonation fraud for every 15 million registered voters in the U.S. 

"Pennsylvania's voter ID law erects an unequal barrier to voting for hundreds of thousands of eligible voters, disproportionately blocking veterans, seniors and people of color," said Judith Browne Dianis, an attorney with the Advancement Project, which represents Applewhite. 

Critics of photo voter ID laws contend they will suppress the votes of minorities and young voters who turned out in record numbers for President Obama in 2008. Pennsylvania's state House majority leader, Mike Turzai, inflamed those suspicions when he boasted at a Republican conference in June: 

"Voter ID -- which is going to allow Governor Romney to win the state of Pennsylvania - done!" 

No one has been able to say for certain how many voters would be directly affected by Pennsylvania's law.

Downplaying the burden in his decision, Simpson opined that around only 1 percent of registered voters in Pennsylvania lack a photo ID. Still, that would be 82,723 of the state's 8,272,302 voters registered as of Monday, according to the state Bureau of Commissions, Elections and Legislation. 

By the best prior estimate of Pennsylvania officials, several hundred thousand registered voters don't have an acceptable photo ID, such as a driver's license. The Pennsylvania Department of State announced last month that nearly 759,000 registered voters, or 9 percent, lacked a driver's license or state-issued ID. However, the state also said 22 percent of those voters, or 167,000, were considered inactive voters for not having voted in at least five years and were presumed to have left the state. 

Department of State Spokesman Ron Ruman told CBS News that many of the 759,000 people were eligible to vote but their names were spelled differently in the voter registration and motor vehicle records - a discrepancy, he said, poll workers would be told to ignore. Many other registered voters could pass the state's photo ID requirement with IDs issued by a colleges, the military, government employers or even nursing homes, he said. 

"I am pleased Judge Simpson affirmed the constitutionality of the voter ID law. This law will reinforce the principle of one person, one vote. By giving us a reliable way to verify the identity of each voter, the voter ID law will enhance confidence in our elections," Secretary of the Commonwealth Carol Aichele, whose department oversees elections in Pennsylvania, said in a written statement. "We will continue our outreach efforts to make sure all legal Pennsylvania voters know about the law, and know how to get a free ID to vote if needed." Pennsylvania is one of 10 states to adopt a photo voter ID law in the past two years. Pennsylvania's law permits a registered voter lacking an acceptable or government-issued photo ID to cast a provisional ballot, a provision Simpson cited as important in his decision. P

rovisional ballots in Pennsylvania will be counted after Election Day only if the voter subsequently proves his or her identity within six days to county election officials with an acceptable photo ID.

"No one will be denied the right to vote," said Shannon Royer, the Pennsylvania's deputy secretary of state. The state has launched a $5 million outreach effort, including an ad campaign, to educate voters about the law.

Royer told CBS News that voters can now obtain a free state photo ID on the same day from any of more than 70 Department of Transportation offices around the state. The state has issued 4,200 such IDs since the law passed in March, Royer said. He also said a birth certificate will no longer be necessary and election officials would accept two proofs of residence and Social Security number as proof of identification.

Paula Reid, Abigail Collins and Rosalie Forman contributed to this story.

[takacrat]

I thought when Clinton Puffed and not Huffed was the best one! YET? Then Obama with Rev. Wright in G.D. America and he went to Rights Church, but missed that day of that G.D. commit. Now a 93 American Born-ed Civilian, voting in every Presidential Election, has no Picture ID.
Has anyone got a line of white powder with some Red Bud and a car to get me (because I have no Drivers Permit) to take me to the G.D. Church that Obama an Right is at!!

[BigMykul]

by John782011 August 15, 2012 3:02 PM EDT
Having the military out there violates Posse Comitatus. So that would not happen.
-----------------------------------------------------------------
Posse Comitatus has already be violated. The Waco affair had military machines, materials and personnel in the attacks on the Branch Davidian compound.

[crankyoleman]

That was the FBI and ATF you loon.

[twmat311]

Forget fraud or any other justification; here's the story:

Pennsylvania's state House majority leader, Mike Turzai, inflamed those suspicions when he boasted at a Republican conference in June: "Voter ID -- which is going to allow Governor Romney to win the state of Pennsylvania - done!"

[kevjustice]

obama as commander-in-cheif should call out the army to supervise voting places and allow everyone to vote with signs posted it is a felony if your not a legal voter . those who interfer with voting would be arrested and fined big $. obama should then say impeach me if you want but hope fellow dems will stop any impeachment. arrested jerks for trying to stop people from voting(even republican politicians) will be declared enemy(enemy of democracy/trying to subvert democracy)combatants and not subject be u.s. citizen protections. those enemy combatants that try to subvert democracy will be waterboarded.

[John782011]

Having the military out there violates Posse Comitatus. So that would not happen. Secondly, armed people at polling places have been a way to suppress voting, so that is out. What is amazing is in third world countries voting percentages are often over 75% while in the USA presidential elections normally bring out about 50% of the electorate. Pretty sad for both sides of the aisle.

[stevex47]

birthers need to change the rules to "allow" their candidate a chance.

Otherwise, they have no chance.

[nomorelibs]

Yes, because it is sooooo difficult to obtain an ID. If your so pathetic you cannot obtain and ID, you shouldn't be voting anyways. To buy or lease a home or car you need an ID. To get a credit card or insurance, you need an ID. To open a bank account, you need an ID. Can we please have some perspective on this issue. I don't care if you cannot show cases of voter fraud or not. Get an ID and vote. Some of you are so pathetic.

[audemus]

What's "pathetic" is an American political party so obsessed with power, and so fearful and paranoid about their future, that they are willing to, and attempting to "RIG" an election in order to gain that power. There are few things as "UN-AMERICAN" and as "UN-DEMOCRATIC" as that.

[twmat311]

Belittle the "pathetic" and hope never to become one of them...by chance or choice.

[model67a]

Striking down this law because offenses are rare would be like striking down a law against embezzlement because these offences were rare. Would anyone be so naive to stop the law against embezzlemwnt or other offences due to the fact that they rarely occur???

[andyk1234]

Nothing about embezzlement is protected by the Constitution, however.

And to make this analogy worthwhile, you'd have to say that every case of embezzlement in the US involves people stealing about twelve cents.

[RetiredArmy_Nurse]

This law stops American citizens from voting. It is undemocratic and geared solely towards tilting elections towards republicans. The conspiracy of the rightwing is to suppress democratic vote, while enhancing the ability of those members of advantaged society to vote. Voter fraud is already against the law, and it is caught upon review of the vote. When it does happen, it is generally an accident, e.g. a felon unaware he has lost his voting right. You go to jail for voter fraud and one single fraudulent vote is not worth years in jail. I hear these arguments all the time from neocons filled with hate. They do not hold water.

[twmat311]

You would think the paranoiacs would see that it starts with disenfranchising the lowest levels - but they're nonproductive and don't really matter, right? Then they go after the working poor - but they don't matter either right? Then the renters, who "don't pay property taxes" - right? Then the cheap-used-car buyers, who keep those inefficient old relics on the road - right?

Just let me keep my gun, for when they come for me.

[andyk1234]

Twmat speaks the truth.

[cntrygirl3]

A 93 year old woman, who can't get an id card because she only has a birth certificate with her maiden name. Republicans care about nothing but power and will step on anything and anybody to get it. Including the constitution and a 93 year old woman. The head of the republican legislature is very proud of being able to suppress enough votes to give the state to Romney. Why would anybody vote for a republican, they have no ideas except ones that don't work after repeated tries. So they figure their only hope is to keep people from voting.

[andyk1234]

It's made even harder in a rural area. I live in midwest, and in a lot of areas outside the cities, the county DMV's are only open one day a month, and grandma probably lives 20+ miles away from it, and can't drive because she doesn't possess a license.

I'd defend her right to vote even if she was voting for any candidate I don't support, because the Constitution says she should be allowed to vote.

[nomorelibs]

Such a sad story. You must be beside yourself.

[0bama2O12]

The phrase "Vote early and vote often" is derived from the Tammany Hall political machine of 1860. During that time they used the term "repeaters", which was a name given to those who were paid five dollars and free liquor to go and vote for recently deceased voters. Of course this is an anachronism and as such there is no need for voter ID registration laws in the modern day United States.