JSPAN and nine other non-profit agencies joined in brief amicus curiae to the Pennsylvania Commonwealth Court in the pending challenge to the "Photo ID Law" enacted in Pennsylvania earlier this year.
The case was launched by the American Civil Liberties Union on behalf of Viviette Applewhite and other voters who will be burdened by the new law. Applewhite, a 93 year old voter who has never driven a car, cast her first vote for President Franklin D. Roosevelt. There appears to be no record of her at the Motor Vehicle Bureau. Because she was born in another state, there is no birth certificate on file in Pennsylvania either. Before she can vote again, the Photo ID Law would require her to produce a birth certificate or other specific documentation to an office of the Motor Vehicle Bureau to convince that agency to issue her photo identification.
Applewhite and thousands of others like her face serious difficulty under the Photo ID Law. For many elderly people, the need to travel to a motor vehicle bureau and document their entitlement to a photo ID is a significant burden. For many others, securing the necessary voter ID before election day will prove to be impractical or even impossible.
The amicus curiae brief reflects extensive research on the disparate impact of the law on several hundred thousand elder voters who do not have the specific current photo identification called for in order to vote. The right to vote, the amicus brief argues, is a sacred right and is the foundation of democracy, quoting Dr. Martin Luther King, Jr. The Pennsylvania Supreme Court has stated that free and equal elections, guaranteed by the state constitution, preclude registration requirements that are so difficult as to amount to a denial of the right to vote. By requiring a registered voter who has no driver's license — or whose license has expired — to travel to a state office, provide a birth certificate or other specified documentation, and secure the specific photo ID — the law especially burdens and discriminates against the elderly.
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