By James Roxbury
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Commonwealth Court filed this Memorandum Opinion By Judge McGinley . Determination on Declaratory Relief and Permanent Injunction.
A look at the timeline of events of HB 934 (Voter Id) as it moved from the Pa House, Senate, to Governor Corbett's desk and then to the Pa Courts.
Senator Hughes offers amendments to HB 934 (Voter Id) All amendments were voted down along party lines, the bill was voted out of Senate Appropriations by the same party line vote.
Video. Senator Hughes.
Rep. Mike Hanna moves an amendment that would allow a concealed gun carry permit to be permitted as a legal form of voter Id, the amendment failed along party lines.
Video. Gun Carry Permits to be used for Voter Id?
House Bill 934 (Voter ID) Bill passes along party lines in House Rules Cmte, the House will vote on final passage Tuesday March 13th.
"It ensures one man, one vote." Governor Corbett maintains the message of the proponents of House Bill 934, aka the Voter ID bill, which would require all voters to produce an acceptable form of photo identification for their ballot to count.
Corbett is undeterred by recent court actions in Texas which blocked similar legislation. Citing the latest poll which showed 87% of Pennsylvanians support a Voter ID bill, the Governor announced, " If it is passed, I will sign it." If passed by the PA Legislature, the bill will not be enforceable for the upcoming primary election. --Tara Leo Auchey
Video. Governor Corbett.
PA House Majority leader Mike Turzai visited the newsroom to discuss passage of House Bill 934, aka the Voter ID bill. "Voter ID is about protecting the integrity of the system." Comparing Pennsylvania's House Bill 934 to Texas and Indiana, Representative Turzai takes questions from the media about potential legal challenges to the just-then passed bill, its perceived value, and opponents' arguments. Vote 104-88.
Video. Part 1.
Video. Part 2.
--Tara Leo Auchey
Governor Corbett, Secretary of Commonwealth Respond to Voter ID Ruling.
Governor Tom Corbett today issued the following response to the Commonwealth Court ruling on voter identification:
Now that the court has upheld the constitutionality of the law, we can continue to focus our attention on ensuring that every Pennsylvania citizen who wants to vote has the identification necessary to make sure their vote counts.
Secretary of the Commonwealth Carol Aichele, whose department oversees elections in Pennsylvania, also issued a statement:
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.
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.
Archive Video - Governor Corbett. On the third day of debate, Pennsylvania House passes controversial House Bill 934, aka the Voter ID Bill. The bill passed with a vote of 104-88, primarily along party lines with a handful of Republicans joining the Democrats on this issue. That evening, Governor Corbett signs HB 934 in to law.
ACLU held a presser Tuesday in the Capitol newsroom to announce the filing of a lawsuit in Commonwealth Court challenging the PA Voter ID law.
"What we're talking about here is not just any right. We're talking about the right to vote, which is foundational."
Video. The right to vote.
Secretary of Commonwealth Announces New Voter ID Card.
Secretary of the Commonwealth Carol Aichele today announced the creation of a new card that can be issued to voters who need photo identification under Pennsylvania's voter ID law.
The Department of State voter cards, which will be issued by the Pennsylvania Department of Transportation, will be available to registered voters who are not able to provide all of the documents they would normally need to obtain a photo ID from PennDOT, such as a birth certificate.
?As we work to ensure that Pennsylvanians have the identification they need to vote this fall, this new card will provide another photo ID option for voters, Aichele said.
?We believe these new cards will be a safety net for those who may not currently possess all of the documents they need for a standard photo ID from PennDOT.
Our goals are to continue making voters aware of the new voter ID law and helping those who may not have proper identification obtain it, she added.
The new voter photo identification cards are scheduled to be available at PennDOT?s Drivers License Centers beginning the last week of August. The identification cards can be issued to registered voters who may not have all of the documents necessary to obtain a non-driver's license photo ID from PennDOT, primarily a birth certificate.
The IDs, which are free, will be issued to voters for a 10-year period and can only be used for voting purposes. For Pennsylvania-born voters, PennDOT will still use the process of confirming birth records electronically with the Pennsylvania Department of Health to issue non-driver?s license photo IDs for voting.
When requesting these IDs, voters will need to affirm they do not possess any other approved identification for voting purposes. They will be asked to provide two proofs of residence, such as a utility bill, along with their date of birth and Social Security number, if the customer has an assigned number. PennDOT will validate the voter registration status with the Department of State while the voter is in the PennDOT office.
Upon confirmation of this information, the voter will be issued the voter card before leaving the PennDOT facility.
These cards will be issued by PennDOT up to and through Election Day, Nov. 6, 2012, and thereafter.
The creation of these voter cards is an important step in the implementation of the voter ID law,? Aichele said. ?Everyone who needs ID to vote will be able to get it months before the election,? she added.
Archive video of Governor Corbett signing the Voter Id bill. Governor Corbett.
Senator Bob Casey on PA Voter ID law, speaking at the PA Press Club Luncheon on Monday, July 23rd.
Video. I worry a lot about about this law.
Secretary of the Commonwealth Carol Aichele today announced enhancements to the state's VotesPA.com website, and launching of VotesPA outreach on Facebook and Twitter, to inform Pennsylvania voters about the requirements of the new state voter ID law.
We are using the VotesPA website and social media as tools to make Pennsylvania voters aware of the new voter ID law, said Aichele, whose department oversees elections.
We want to make sure voters understand what IDs are acceptable for voting, and help those who don't have such IDs obtain the identification they need this fall.
I believe social media will be especially helpful in reaching younger voters.
The VotesPA website features a new layout that assists voters in finding information about which photo IDs are accepted at the polls, and how to obtain an acceptable ID. The website contains a resource center where voters can view frequently asked questions (FAQs).
The information is available in English and Spanish.
Pennsylvania voters can get the latest news and learn from tips posted to the VotesPA Facebook and the @VotesPA Twitter accounts. Both outlets are available to voters as a forum to learn about the law and how it applies to them.
?We encourage Pennsylvanians to use the VotesPA website and social media to get up-to-date information on the new Voter ID law and make sure they are ready when they come to the polls in November, Aichele said.
The VotesPA website, initially created to help first-time voters, will continue to offer information on the voting process, including how to register, the locations of polling places, and important dates on the election schedule.
Archive Video of Carol Aichele press conference after Tuesday, July 24th's Voter ID protest rally at the Capitol. Aichele is named in the lawsuit seeking the repeal of Act 18, i.e. the Voter ID Bill.
Video. Carol Aichele.
PA Secretary of the Commonwealth Carol Aichele held a press conference after Tuesday, July 24th's Voter ID protest rally at the Capitol.
Aichele is named in the lawsuit seeking the repeal of Act 18, i.e. the Voter ID Bill. Part - 2
Video. Carol Aichele.
PA Secretary of the Commonwealth Carol Aichele held a press conference after Tuesday, July 24th's Voter ID protest rally at the Capitol. Aichele is named in the lawsuit seeking the repeal of Act 18, i.e. the Voter ID
Bill. Part - 3
Video. Carol Aichele.
PA Secretary of the Commonwealth Carol Aichele held a press conference after Tuesday, July 24th's Voter ID protest rally at the Capitol. Aichele is named in the lawsuit seeking the repeal of Act 18, i.e. the Voter ID Bill. Part - 4
Video. Carol Aichele.
Opening day of the hearing on the constitutionality of PA's Voter ID law, known as Act 18.
Petitioner Viviette Applewhite and members of Washington, D.C. law firm of Arnold & Porter LLP enter Commonwealth Court the morning of Wednesday, July 25th for the first day of the hearing. Ms. Applewhite was the Plaintiffs' second witness, testifying to the challenges of obtaining the proper photo identification as outlined under the new law.
When asked on the stand why she feels it is important to vote, she replied, "I think it is important to vote because it gives me my rights to say things I want to say and do things I want to do and help people other than myself."
Born in 1919, Ms. Applewhite testified has only missed voting in one Presidential election.
"I think it was Roosevelt," she said. "I missed one because I moved and someway or another, I couldn't find where to vote. I looked all afternoon until 6:00pm, then I gave up. It's the only one I missed."
Since Act 18 was made law, she has been trying to get a Voter ID card; however, she contended she's had challenges obtaining the proper documents required. "The people in my building, they don't want to do what I'm doing. I hope they can just do what they been doing. Just go vote." ---Tara Leo Auchey
Video. Viviette Applewhite enters court.
On July 25, 2012, the Commonwealth Court hearing on the constitutionality of Pennsylvania's Voter ID law began. Known as Act 18, the bill requires that anyone intending to vote must show photo identification at the polls.
Arnold & Porter attorney David Gersch heads the legal team for the Plaintiffs in the complaint filed against the Governor of Pennsylvania, Governor Corbett, and the Secretary of the State, Carol Aichele.
The Plaintiffs have filed a Petition of Preliminary Injunction against seeking a stop before November's General Election while the ultimate goal is a repeal of the law.
In his opening argument before Judge Robert Simpson, Gersch declared the law will disenfranchise voters, especially the elderly, minorities, and women. "The direction of history has always been to expand the franchise, and this is a good thing." Asserting that Act 18 contradicts the constitutional right to vote, Gersch scoffed at the State's claim that Act 18 enhances the integrity of the voting process.
He stated the evidence the Plaintiffs will present will show "those lofty goals are a pretext." He went on to say, "Common sense says this law [was passed] for partisan advantage." The Judge expects the hearing to last eight days, and acknowledged that his Courtroom is only a stop in the judicial proceedings on this matter as he expects it to reach the Supreme Court of Pennsylvania. "The really smart people will make the final decision in this case."---Tara Leo Auchey
Plaintiffs' attorney David Gersch takes questions from the press and discusses the challenges he sees with Act 18, PA's Voter ID law.
Video. David Gersch.
Jennifer K. Clarke, Executive Director Public Interest Law Center Philadelphia, takes questions from the press after the close of day three of the Voter ID Commonwealth Court trial.
Video. Jennifer K. Clarke.
Pa Secretary of the Commonwealth Carol Aichele enters the PA Judicial Center to testify in the PA Voter ID trial.
Video. Carol Aichele.
Democratic House Minority Leader Dermody speaks about Voter ID. Part - 1
Video. Frank Dermody.
Democratic House Minority Leader Dermody speaks about Voter ID. Part - 2
Video. Frank Dermody.
Republican House Leader Mike Turzai comments on Wednesday's Commonwealth Court ruling upholding the new Voter ID law.
From the office of Mike Turzai.
PITTSBURGH (August 15, 2012) The following is a statement from Pennsylvania House Majority Leader Mike Turzai (R-Allegheny County) on the decision released today from Commonwealth Court Judge Robert Simpson affirming Act 18, the latest in a series of election protection laws passed by the legislature since 2001. Act 18 became law in March.
Pennsylvania's voter ID requirements will provide election officials with an important tool to detect not only incidents of impersonation fraud, but double voting, voting by non-citizens and voting under a fictitious registration. The new law?s absentee voter ID requirements will help to deter absentee ballot fraud.
The integrity of each and every valid vote was upheld today. As the court said, the requirements of Act 18 will be implemented in a non-partisan, even-handed manner by Commonwealth agencies, and qualified voters will have their votes counted.
The many election reforms enacted, including voter ID, are aimed to ensure citizens and registered voters have the right to vote and have their vote counted. It?s about one person, one vote, and each instance of fraud dilutes legitimate votes. It is unfortunate, but there has been a history of voter fraud in Pennsylvania. The elections in the Commonwealth will be on a more level playing field thanks to voter ID and other recent election reforms.
Press release from the office of Senator Anthony H. Williams.
HARRISBURG, Aug. 9, 2012 State Sen. Anthony H. Williams and members of the Senate Democratic Caucus have filed an amicus brief in Commonwealth Court supporting the request for an injunction to halt Pennsylvania's new voter ID law (Act 18 of 2012).
This friend of the court brief was filed to show support for the various individuals and organizations that are fighting to strike down the law, which they say disenfranchises a significant number of registered voters in Pennsylvania. This case is about protecting the rights of American citizens, rights that the voter ID law would wantonly strip, in a brazenly admitted partisan pursuit,? said Williams (D-Phila./Delaware). It's unconscionable that of all those who stand to be adversely impacted by this law ? young people, women, people of color, LGBT neighbors, our greatest generation, those who shed blood at home and abroad to secure our right to vote would be among the disenfranchised.
A court decision is expected by next week. Should the Commonwealth Court uphold the law, Williams said the petitioners will appeal the decision to the state Supreme Court.
Our team is furiously analyzing data that would further underscore, beyond mere principle, that this law should not stand as is, Williams said. It is fundamentally un-American, and I remain ashamed that Pennsylvania, which gave birth to the ideals of American democracy, is a lead architect of its undoing.
Williams serves as Senate Democratic Whip.
Archive video After the close of the Pennsylvania Voter ID hearing, Witold Walczak, an attorney for the plaintiffs, spoke to media about the controversial case. "Voting is just too important to play games with," Walczak told reporters when talking about the State's reasons for implementing Act 18, a bill requiring all voters to show valid photo identification in order to vote. Plaintiffs argued the law is unconstitutional, and the State argued it upholds the integrity of the voting process. ---Tara Leo Auchey
Senator Daylin Leach during the Voter ID rally held on the Capitol steps Tuesday July 24th, a day before the historic hearing on the Voter ID Law, Act 18, began.
Closing arguments were made August 2nd. A decision is expected by the middle of August.
Video. Senator Leach.
Senate Minority Leader Jay Costa, Senator Vincent Hughes, and Senator Daylin Leach held a press conference to denounce Commonwealth Court Judge Robert Simpson's August 15th ruling to uphold the Pennsylvania Voter ID law as constitutional.
Senator Costa declared, "The integrity of the legislative process has now been, in my opinion, corrupted in some way to allow for these types of decisions to take place. It's disturbing, it's disgusting, and we're very disappointed."
The Democratic Senators announced the verdict will be appealed to the Supreme Court.
Video. Senator Costa.
---Tara Leo Auchey
Senator Vincent Hughes on Judge Robert Simpson's decision to uphold the Pennsylvania Voter ID law.
Majority Leader Turzai visited the newsroom just before 5pm Wednesday to discuss the Commonwealth Court's earlier ruling upholding PA's Voter ID law. (Part 1)
Video. One person one vote.
Video. Part 2.
ACLU Attorney Witold Walckak is asked about the possibility of Commonwealth Court Judge Robert E. Simpson issuing a limited injunction in the Voter ID hearing.
Video. Witold Walckak.
Video. Part 2.
Former Governor Ed Rendell comments on Mike Turzai and Voter Id
Video. Ed Rendall.
Today, Commonwealth Court Judge Robert Simpson issued a preliminary injunction against the State's Voter ID law requiring.
Governor Corbett reads his statement about the decision declaring the State will continue its education efforts to notify voters to show valid ID when voting at the booth although it is not mandatory this general election.---Tara Leo Auchey
Video. Governor Corbett.
Governor Corbett is questioned on Tuesday's Commonwealth Court decision on the Voter ID ruling immediately following issuance of Judge Robert Simpson of a preliminary injunction of the law.---Tara Leo Auchey
Video. Governor Corbett.
After Tuesday's Commonwealth Court decision to issue a preliminary injunction of PA's Voter ID law, Governor Corbett takes questions from the press. He emphasizes the decision is not final.---Tara Leo Auchey
Video. Governor Corbett.
A day after the General Election, PA House leaders, Speaker Sam Smith and Majority Leader Mike Turzai visited the Capitol newsroom.
The conversation took a turn to voter fraud when Speaker Smith asserted that 90% of the precincts in Philadelphia reported 90% voter turnout and declared it "questionable." When asked what evidence there is for his proclamation, the Speaker of the House replied, "Maybe a good investigative reporter could track some of that down."
Smith went on to say that State and Federal prosecutors never what to investigate voter fraud because "it's too political. They're gun shy on dealing with voter fraud."
by Tara Leo Auchey
Video. Speaker Sam Smith.
In March 2012, Pennsylvania Governor Tom Corbett signed Act 18 "Voter ID" into law thereby requiring voters to show proper ID before casting a ballot.
In response to the new law, the ACLU of Pennsylvania filed a legal challenge asking for injunctive relief. With that move, the issue headed to Commonwealth Court.
On July 25, 2012, Commonwealth Court Judge Robert Simpson began the hearing. Plaintiffs argued the law is unconstitutional, and the State argued it upholds the integrity of the voting process. At the end of the proceeding, Judge Simpson ruled in favor of the State. The case went to the Supreme Court of PA, and the higher court sent it back to the Commonwealth Court judge to revisit his opinion and present further clarification.
Two more days of testimony occurred then on October 2nd, Judge Simpson issued a ruling stating that the Voter ID Law would not go into effect for the November election, but rather, could be implemented in 2013. Thus, Pennsylvania voters were not required to provide identification at polls on November 6th.
In defense of the law, PA House Majority Leader Mike Turzai (R) said, "It's a measure that's designed to provide some common sense." His colleague on the other side of the aisle Senator Vincent Hughes proclaimed, "This decision goes in the direction to disenfranchise potentially hundreds of of thousands of Pennsylvania citizens."
by Tara Leo Auchey
Video. Photo Slide Show.
As released by the ACLU of Pennsylvania:
Voter ID Trial Scheduled to Start July 15 Plaintiffs Will Ask Court to Extend Preliminary Injunction Until Conclusion of Lawsuit HARRISBURG, PA - Today Judge Robert Simpson issued an order scheduling the voter ID trial for July 15, 2013, at the Pennsylvania Judicial Center in Harrisburg. The trial is expected to last about a week. Plaintiffs are seeking a permanent injunction to stop implementation of the state’s voter ID law.
Plaintiffs will be filing a motion asking the court to extend its preliminary injunction, which prevented the law from being implemented for in-person voting this past November, until the legal case has been concluded. The motion is due by Feb. 8, 2013, with a response due by Feb. 13, 2013. In his order, Judge Simpson set a date of March 21 for a final decision on the extension of the preliminary injunction.
Plaintiffs in the voter ID case are represented by the Public Interest Center of Philadelphia, Advancement Project, the ACLU of Pennsylvania, and the Washington, DC law firm of Arnold & Porter.
A copy of Judge Simpson’s scheduling order is available here: Scheduling Order