Pennsylvania's voter ID law isn't dead yet
And neither are similar laws in other states
A Pennsylvania judge on Friday struck down the state's controversial voter ID law, saying that it placed an unreasonable burden on voters.
"Voting laws are designed to assure a free and fair election; the Voter ID Law does not further this goal," Judge Bernard L. McGinley wrote in his opinion. "Based on the foregoing, this Court declares the voter ID Law photo ID provisions and related implementation invalid."
Pennsylvania's voter ID law, signed in 2012 by Gov. Tom Corbett (R), is one of the toughest in the nation. Or rather, it would have been, had it not been suspended shortly after it went into effect, and thus prevented from taking hold before the 2012 election.
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The fact that it was nixed Friday was a win for critics who say voter ID laws are designed to suppress voter turnout. However, the ruling was by no means a sign that the law itself, or voter ID laws in general, are going away any time soon.
The ruling did not say that voter ID laws are discriminatory and invalid on their face. Rather, Judge McGinley ruled that some provisions of the law, as well as the way the law was implemented, had that unintentional effect. He wrote that the court was "presented with and finds no evidence of such purposeful discrimination."
This despite the fact that Pennsylvania House Majority Leader Mike Turzai (R) once boasted that the voter ID law "is gonna allow Gov. Romney to win the state of Pennsylvania."
That's a significant distinction, one that "undercuts one of the main motivation arguments of opponents," wrote UC Irvine election law expert Rick Hasen. Critics of voter ID laws contend that such provisions are deliberate attempts to hinder whole groups of people, typically poor and minority citizens, from voting.
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Moreover, Hasen noted that it was unclear if the state's Supreme Court — which will most likely hear the case on appeal — would even affirm the decision.
Meanwhile, at the federal level, a bill introduced Thursday that would shore up the Voting Rights Act would also, to a degree, affirm the validity of voter ID laws. Though it would allow the Justice Department to block voter ID laws from going into effect in certain states, it would not count such legal actions as a violation of the VRA — which would trigger more federal oversight — unless a judge first sides with the federal government.
Pennsylvania's voter ID law will almost certainly go on to the state's high court. But even if it's struck down there, lawmakers could simply draft a revised version, taking into consideration the legal problems that downed this one.
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Jon Terbush is an associate editor at TheWeek.com covering politics, sports, and other things he finds interesting. He has previously written for Talking Points Memo, Raw Story, and Business Insider.
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