Voter ID: Applewhite v. Commonwealth In 2012, the Pennsylvania legislature passed a law requiring everyone to present certain types of photo ID before voting – a requirement that could have disenfranchised many people who cannot obtain ID and created additional burdens that fall heavily on urban, low-income, minority, elderly, and disabled voters. In conjunction with the ACLU of Pennsylvania, the Advancement Project, and Arnold & Porter LLP, the Law Center challenged the photo ID law in Commonwealth Court shortly after it went into effect in early 2012. UPDATE: On January 17, 2014 the court ruled the voter ID law unconstitutional and unduly burdensome for Pennsylvania voters. Judge Bernard L. McGinley issued an order to permanently enjoin the voter ID law. The Judge’s opinion credited evidence presented by the Law Center’s legal team during trial acknowledging that hundreds of thousands of voters would have been disenfranchised by the controversial law. Our clients in this case have included people like Viviette Applewhite, a 92-year-old African American woman who worked as a welder during World War II and marched with Dr. Martin Luther King, Jr., during the civil rights movement. Ms. Applewhite has voted in nearly every election since at least 1960, but she would have been unable to obtain identification that complied with the new law in time for the 2012 Presidential Election. Other plaintiffs include voter advocacy organizations such as the League of Women Voters, the NAACP, and the Homeless Advocacy Project. This law could have disenfranchised hundreds of thousands of citizens, including individuals who cannot travel to Pa. Department of Transportation (PennDOT) centers because of work, limited mobility or limited resources; senior citizens whose records have been lost or destroyed over the years; veterans whose military ID cards are inadequate under the new law; and others with disabilities or limited assets for whom the law’s requirements would be unacceptably difficult to meet. When we originally brought the case to trial in the summer of 2012, the Commonwealth Court failed to issue a preliminary injunction, an order that would have stopped the implementation of the law. In the early fall we took our appeal to the Pennsylvania Supreme Court. In September 2012, the Pennsylvania Supreme Court ordered the case be taken back to the Commonwealth Court for reconsideration. Through that trial we successfully secured a preliminary injunction of the law through the November 2012 and the May 2013 primaries. The law has since been permanently enjoined. In the fall of 2012, Viviette, along with thousands of other citizens who did not have the newly required identification, was able to cast her vote and continue her 50-year-long tradition of participating in our democracy. Case Documents Video Profiles of Plaintiffs & Witness Testimony Case and Trial Timeline Case Updates Voter ID Case Inches Toward Pennsylvania Supreme Court Judge Rules Voter ID Law Unconstitutional: Voters do not need to show photo identification at the polls. Pennsylvania’s Voter ID Law will not be Enforced while Trial Judge Deliberates Petitioners Request Preliminary Injunction Extend through Appeal Day 12, August 1st: Trial Comes to a Close Day 11, July 31st: Both Sides Rest, Closing Arguments Postponed Day Ten, July 30th: Even as Trial Begins to Wrap Up, “Exceptions” Controversy Remains Day Nine, July 25th: The State’s Statistician Day Eight, July 24th: Commonwealth Calls First Two Witnesses Day Seven, July 23rd: Testimony from Burdened Voters Continues Day Six, July 22nd: Officials’ Testimony Recognizes Need For Exceptions To Law Day Five, July 19th: First Week of Trial Concludes with Expert Witness Analyzing Commonwealth’s Education Campaign Day Four, July 18th: Exceptions, Delays and Misdirects Day Three, July 17th: Survey Day Day Two, July 16th: Statistical Expert Testifies that Hundreds of Thousands Would be Disenfranchised by Voter ID Law Day One Update: Opening Statements & Witnesses Schedule for July 2013 Trial on Permanent Injunction Pretrial Conference Held in Preparation for Trial on Permanent Injunction Court Grants Plaintiffs’ Request and Orders Release of Data Preliminary Injunction Extended through May 21, 2013 Elections Trial on Permanent Injunction Scheduled for July 15, 2013 Supplemental Injunction Requested to Stop Commonwealth from Misleading Voters about ID Requirements Partial Preliminary Injunction Granted; No Disenfranchisement on November 6th! Second Commonwealth Court Hearing: Day 2 Second Commonwealth Court Hearing: Day 1 Supreme Court Sends Voter ID Case Back to Commonwealth Court Notice of Appeal Filed
Posted on: Mon, 24 Mar 2014 23:14:29 +0000
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