PA Supreme Court Ruled in Voter ID Case

by: DocJess

Tue Sep 18, 2012 at 14:20:13 PM EDT

Overall,  we are confronted with an ambitious effort on the part of the General Assembly to bring the new identification procedure into effect  within a relatively short timeframe and an implementation process which  has by no means been seamless in light of the serious operational  constraints faced by the executive branch. Given this state of affairs,  we are not satisfied with a mere predictive judgment based primarily on  the assurances of government officials, even though we have no doubt  they are proceeding in good faith.

Thus, we will return the matter to the Commonwealth Court to make a present assessment of the actual availability of the alternate identification  cards on a developed record in light of the experience since the time  the cards became available. In this regard, the court is to consider  whether the procedures being used for deployment of the cards comport  with the requirement of liberal access which the General Assembly attached  to the issuance of PennDOT identification cards. If they do not, or if  the Commonwealth Court is not still convinced in its predictive judgment  that there will be no voter disenfranchisement arising out of the  Commonwealth’s implementation of a voter identification requirement for  purposes of the upcoming election, that court is obliged to enter a  preliminary injunction.

Accordingly, the  order of the Commonwealth Court is VACATED, and the matter is returned  to the Commonwealth Court for further proceedings consistent with  this Order. The Commonwealth Court is to file its supplemental opinion  on or before October 2, 2012. Any further appeals will be administered on an expedited basis.