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Challenge to Voter ID law is Case of Contradictions

Before voting in Pennsylvania this year, residents must show a photo ID, unless the state Supreme Court strikes down the new law.

 

By Eric Boehm | PA Independent

HARRISBURG — As Pennsylvania’s new voter ID law goes before the state Supreme Court, the case is a study in contradictions.

The eight plaintiffs — who are seeking an injunction to prevent the law from taking effect before the Nov. 6 election because thousands of Pennsylvanians couldn’t obtain the necessary identification in time — possess the required photo identification or other documentation the new law requires to vote.

No matter, say their attorneys, because the law could still disenfranchise about 100,000 other Pennsylvanians who do not have those credentials.

“The vice is not in requiring photo identification, the vice is in requiring photo identification that not everyone has or has the ability to obtain,” David Gersch, a plaintiff for the challengers, told the Supreme Court during oral arguments on Thursday in Philadelphia.

Meanwhile, attorneys for the state — who are defending a law aimed at preventing voter fraud — have said they cannot provide any examples of in-person voter fraud occurring in Pennsylvania.

No matter, they say, because the law is within the constitutional authority of the General Assembly.

While the right to vote is fundamental, voting cannot take place without state regulation, and fashioning that regulation is the legitimate role of the General Assembly, said John Knorr, representing the state Attorney General’s Office.

Now the state Supreme Court must sort out this mess.

The high court must decide if it will overturn the decision of Commonwealth Court Judge Robert Simpson, who upheld the voter ID law last month.

That ruling was appealed by the plaintiffs, who argue the new law — passed in March — did not give voters enough time to comply with burden of obtaining the necessary photo identification.

“There is too little time, and there are too many people affected,” Gersch said.

Justice Michael Eakin said the new requirement for voting would always pose a burden to voters, regardless of the time.

The implementation process alone was not grounds for overturning a lower court ruling, agreed Chief Justice Ron Castille.

Eakin also dismissed plaintiffs’ argument that there is no evidence of voter fraud.

“There was fraud in the time of George Washington, and there will be fraud 200 years from now,” he said.

But Justice Debra Todd said the process of implementing the new law was a key part of evaluating whether the Legislature overstepped its authority in passing the voter ID requirement.

“How much better could we do if we had two years” to implement the law and inform voters, instead of a few months? she asked, challenging the attorneys for the state. “What’s the rush?”

Knorr responded that the election process would be more sound with the new rules in place.

“This system is better than the one that we had before,” he said, adding that the plaintiffs had not provided any actual evidence of any individuals who couldn’t obtain the necessary identification before Election Day.

With the court evenly divided between three Republican justices and three Democratic justices, there is a possibility of a party-line decision and a 3-3 deadlock on the court.  Such a ruling would uphold the law, as a majority of the court is required to overturn a lower court ruling.

The court’s seventh member, Justice Joan Orie Melvin, a Republican, is suspended from the bench until her pending trial is resolved. She is charged with using legislative and judicial staff to assist her 2009 campaign for election to the court.

Bruce Ledewitz, a law professor at Duquesne University in Pittsburgh, said Thursday that a 3-3 split decision would be “the worst possible outcome,” because it would make the whole process look like a partisan political maneuver — though he noted the state Supreme Court has shown itself to be less partisan than other branches of government.

Either way, the election is only seven weeks away and the justices “will have to decide quickly, because not to decide is effectively a decision,” he said.

Contact Boehm at Eric@PAIndependent.com and follow @PAIndependent on Twitter.

About this column: Pennsylvania Independent is a public interest journalism project dedicated to promoting open, transparent, and accountable state government by reporting on the activities of agencies, bureaucracies, and politicians in the Commonwealth of Pennsylvania. Related Topics: Pa Voter ID Law, Stae News, and pa independent

L McCall

10:35 am on Saturday, September 15, 2012

The law should stand. Dems are using this as an excuse for lazy people who want everything for nothing. The only people who don't have id's are those who don't want to pay taxes. They work under the table and expect hard working Americans to pay their way. If they had to show an id to get food from shelters or a place to lay their head, they would get an id. And why don't they have one anyway?

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9:23 pm on Sunday, September 16, 2012

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Eric W

10:00 pm on Sunday, September 16, 2012

L McCall, even if people do not want to pay taxes, they are still entitled to vote. Your reasoning for this law is silly. Your other accusations are recycled republican nonsense and not worth a response.

Eric S

10:48 am on Saturday, September 15, 2012

How does one get to be of voting age and never had need of ID? No job, never cashed a check, never drove, no bank account, never sent kids to school.....just how does one accomplish that and STILL have an overwhelming need to vote to the point your making court cases out of the law? BTW, don't you have to show ID to register to vote?

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Beth ritchey

10:50 am on Saturday, September 15, 2012

Having a picture ID has nothing to do with paying taxes and working for money under the table...but if your argument was legitimate...who's getting the cheap labor and avoiding paying the employer's share of taxes? Hmm..please THINK before you comment;-)

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EARL NELSON

12:24 pm on Saturday, September 15, 2012

Beth I know of a place that pays their employees under the table, still those people drive cars, so they must have a driver licence right? Maybe you never leave your house? In these times of Terroristic threats all people should have Picture ID's. Maybe we should have the schools get all children State ID's, Armstrong middle school in the 70's when i went to school in Bensalem had all the children get SS#'s so how hard would it be to do that? This isnt a big deal,my mother in law is 75 and she still has her licence. People need to stop making a big deal out of nothing, now go get a picture ID you lazy people!!!!

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EARL NELSON

12:29 pm on Saturday, September 15, 2012

And I think people had ample time to do so, "That ruling was appealed by the plaintiffs, who argue the new law — passed in March — did not give voters enough time to comply with burden of obtaining the necessary photo identification."

Here's what I say,
6 months isn't enough time to get a state ID? People are to stinking lazy!!!!

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Nadia

1:03 pm on Saturday, September 15, 2012

anyone who is a citizen of this country is entitled to vote. When the republicans get the hairbrained crazy notion to insist on a "official" i.d. GOD HELP AMERICA

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KevinP

9:02 pm on Saturday, September 15, 2012

How do you prove you're a citizen of this country? A tattoo or a handshake? Maybe a salute of some kind? You need ID for EVERYTHING nowadays so why not to protect your right to vote??

Judy C.

1:36 pm on Saturday, September 15, 2012

People may have a picture ID for other reason. One problem with that ID may be no expiration date which is required. The other problem just recently mentioned was the people who use absentee ballots-no provisions for picture ID were address at the time the law was passed.

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Krby

10:55 pm on Saturday, September 15, 2012

I don't think anybody should call people names and have such assumptions about people who do not have an ID. I for example do not have an ID right now. I have epilepsy and had a seizure. I had to mail in my drivers license for a 6 month suspension. Now I have to get an ID but have to find some way to get it without being able to drive and no public transportation near me. My fiance works a lot and so does everybody else I know. It is hard to find a time where someone can take me and the election is coming up.

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EARL NELSON

11:02 pm on Saturday, September 15, 2012

Who's fault is it you lost your licence? Or I should say had it revoked.Anyway you can get an ID on a Saturday when you go shopping the ID centers are open on Saturdays too. Everyone has had the time since March. I'm tired of the excuses and the Dems that are crying about people not being able to get ID's should find a way to get their voters, ID's. And I'm sorry you have Epilepsy.

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Phil Adams

8:23 am on Sunday, September 16, 2012

As someone from the side that feels you should have an ID to vote. I Also feel that it is VERY IMPORTANT that ALL who are eligible and legal to vote should do so. Call 1 of the local political parties and ask them if they could give you a ride to both get your ID and on the day of the election. I'm sure either 1 would be more than happy to do so. If not let me know I'll come pick you up myself and take you.

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Mike Shortall

1:07 am on Monday, September 17, 2012

You had six months - 1/2 a year! - from bill passage to election day, which if nothing else would have given you plenty of time to get the help you needed from - for example - a local political official.

CyD252

11:34 pm on Saturday, September 15, 2012

My question: Why has no one proposed a voter-ID plan with an 8-12 year rollout period? Voting is an IMPORTANT right, and if the effort to stop a dozen fraudulent voters is going to disenfranchise countless legitimate voters, that means the approach is WRONG.

If stopping voter fraud is as important as ensuring that legitimate voters are able to vote, then we need a voter-ID system with a phased, gradual roll-out. So by the time it goes fully into effect, we know for certain that all legitimate voters have the proper identification.

Unless you are engaging in partisan b.s., then there is absolutely no need to rush this into effect before the upcoming election.

Do it, but do it RIGHT.

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Krby

1:34 am on Sunday, September 16, 2012

I just mailed in my license so I didn't have since March. Why are you asking who's fault it is? I'm not blaming anyone, that is just how it works when you have a seizure the doctors have to report it. Every seizure is an automatic six months and mail in of your license.

I'm just saying its not fair to jump to conclusions about people. You don't know what kind of situation people are in. People work Saturdays too! I don't disagree about needing an ID. I disagree with it being such a short time span which it is. Such a big change like this should be given more time. I don't understand why they are pushing it so much but don't have any data that show that there is a problem with voter fraud to warrant such a quick change.

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don dunkin

3:04 am on Sunday, September 16, 2012

70% of likley voters want voterid

Seventy percent (70%) of Likely U.S. Voters believe voters should be required to show photo identification such as a driver’s license before being allowed to cast their ballot.

http://www.rasmussenreports.com/public_content/politics/general_politics/december_2011/69_say_photo_id_voting_laws_are_not_discriminatory

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Krby

3:42 am on Sunday, September 16, 2012

You are quoting one telephone survey of 1,000 people that rasmussen reports deem likely to vote. Does not sound like an accurate depiction of the US.

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don dunkin

7:56 am on Sunday, September 16, 2012

70% is a large % who want Voter ID. If democrats do not agree with what the people want. DUH vote them out. Very simple. The strategy is for democrats to divide the people. Enough is enough.

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CyD252

10:01 am on Sunday, September 16, 2012

I'm sure that if you polled Republicans on whether Democrats should be permitted to vote, you'd get a very high percentage of "Yes" votes. That's why it's a bad idea to put civil rights measures up to a popular vote.

Bill Sams

10:49 am on Sunday, September 16, 2012

I can not see a single reason to not want this law passed. Everyone that is against voter I.D. should just stay home on Election day but I bet you a Dime to a Donut they can get it fast to go to a casino. This is not a Democrat or a republican matter, It is a Matter of Justice. as Voter Fraud has been going on for Decades.

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Nick

11:36 am on Tuesday, September 18, 2012

And yet the Republicans stipulated in a court filing that they have no evidence of voter fraud related to this bill.

cjp

11:19 am on Sunday, September 16, 2012

Can any cite the examples of rampant voter fraud that has apparently been going on? Id or no id there is a political agenda to this law. To enact it just prior to an election instead of years before smacks of election tactic in iran or russia not the us

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Sara

11:40 am on Sunday, September 16, 2012

I had three people come in together in the morning and then two of them came back again trying to use a Peco bill and water bill as ID. I also had a "gentleman", who said he was this person, but one of the polling clerks, identified him as someone else.

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Nick

11:37 am on Tuesday, September 18, 2012

Sara that isn't proof, that is you making something up. The Republicans have admitted they have no proof of any voter fraud that this bill would eliminate. It is nothing more than an attempt to suppress peoples right to vote.

Sara

11:30 am on Sunday, September 16, 2012

Huh? say what! I quote Mr. Gersch statement, "The vice is not in requiring photo identification, the vice is in requiring photo identification that not everyone has or has the ability to obtain,” has the ability to obtain? call your afflilated party - they will pick you up and help you to obtain proper ID. Your Committee person will PICK you up and will help you to obtain proper ID. How were all of you allowed to vote in the past without proper ID? I have been Judge of Elections now for quite some years, and if you did NOT have proper ID, then I asked you to fill out a Provisional Ballot. So do not SIT there, and tell me, YOU can't vote. EIther have proper ID, or be prepared to fill out a provisional ballot at the polls. AND this statement, "Seventy percent (70%) of Likely U.S. Voters believe voters should be required to show photo identification such as a driver’s license before being allowed to cast their ballot." That survey is only 70% of the people who ANSWERED that phone call - NOT 70% of the US Voters. And you all have had amble time, to get a photo ID. There are other forms of acceptable ID's other than a driver license. Stop the crying! If you want to truly vote - then you will make sure you have ID.

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James Kephart Jr.

11:30 am on Sunday, September 16, 2012

I will admit that the drive from the republicans is because this will benefit them more. And if it benefited democrats more, they would drive it. Both sides will do whatever they can to win the election. I would argue that it is flat out bribery to suggest that if you vote for the democrats, they will tax the top 1% (and actually, it is more like the top 3%) of this country more - you know to make them pay their "fair share". On average, the top 1% pays 29% while those making between $25K and $100K pay 15-20%.
So promise the majority that if they elect you, you will tax the other people more. Who would people with blue eyes vote for if the president promised to tax those with brown eyes at a higher rate?
If democrats had any integrity or self respect, they would support no change in current tax rates or they would support going back to their other savior in chief's tax rates - Clinton. But that would mean the people they are trying to bribe would also have to pay a little more.

Anything to win - right!

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Sara

11:33 am on Sunday, September 16, 2012

BTW - at the last Presidential election, I was yelled at, spit on, called dirty names, cause some did NOT have a proper ID with them, and they refused to do a Provisional Ballot. This Presidential election, we will be having the police on hand for any incidents like this. As Judge of Elections, I do have legal right to have you removed from the polls.

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EARL NELSON

11:34 am on Sunday, September 16, 2012

Not a good point cjp, your wrong, when would you like the law to go into effect the day after the election this year? Or maybe we should wait another 4 years then you can make the same stupid point. It was passed in March is nobody reading the freekin article? Its really about people in the inner cities and for that matter all over the country voting with other peoples name that are dead, You cant get a bank account without ID so whats the dam problem with proving who you are to vote? Jesus Christ I give you an exception ok? This was never a political move, its about proving who you are. Maybe we should all be implanted with chips, at birth, with all our info on it and we can be scanned just like Hitler did with the Jews only he didn't have scanner wands, is that what you all want?

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James Kephart Jr.

11:47 am on Sunday, September 16, 2012

Earl,
The easier it is to vote, the more likely democrats are to win - period. Many would like you to be able to cast your ballot via the internet or even via a text message - maybe even give people a few weeks to vote. Many democrats would even support a law requiring you to vote - you can cast a "no vote" on your ballot, but you would have to vote.

I prefer to have only those willing to sacrifice a little bit of effort on their part should be able to cast their vote.

EARL NELSON

12:31 pm on Sunday, September 16, 2012

James your right!!! The point is these people all had their whole lazy azz lives to get some form of ID. And your last point, in the last election the Dems got everyone,even all the young and old out to vote, so why cant they get them out to get the ID"s?

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Eric W

10:04 pm on Sunday, September 16, 2012

The law is being rolled out too close to the election. If it is to stay, it should be AFTER the election. That way, people have enough time to get photo id's and it removes some of the assumption that republicans are doing this to increase their chances (which, obviously, they are).

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Mike Shortall

1:11 am on Monday, September 17, 2012

Six months or 1/2 year to get the ID if you needed it. No excuses really for not having it by now.

Don

6:34 pm on Monday, September 17, 2012

The article says thousands of people would not be able to vote, who are they? Who is it that is able to vote but cannot get an ID by November?

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Mike Shortall

7:44 pm on Monday, September 17, 2012

On the list of 750,000 people who did not match up on the PENNDOT list were W.Wlison Goode (former Mayor of Philly), Judge Seamus McCafferty ...

(Apparently the voter-PENNDOT comparison program didn't handle Mc, Mac, O' prefixes, hyphenated names, suffixes like "III", plus a number of other variables.)

... two other PA Supreme Court Justices, politicians like several City Councilmen, members, etc., etc.

The numbers of those projected to be "unable to vote" were incredibly inflated.

CyD252

8:28 pm on Monday, September 17, 2012

The number of valid voters who will be disenfranchised this November - whether it's 750,000 or only 750... Is it safe to assume that this number will be significantly LESS than the pre-2008 number of falsely submitted ballots?

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John Larkin

9:47 pm on Monday, September 17, 2012

71 DMV offices that are providing IDs (got this number from an article on foxnews.com so not sure how accurate it is because it's secondhand info). Six months to get an id. Most of those offices are only open 5 days/week, so that's approximately 120 days. 750,000 people. If my math is correct that means each location would have had to process 88 IDs/day, in addition to all the other services they provide. Anybody who's dealt with these offices knows that this doesn't seem very feasible. I have no problem with the ID. The problem, to me, is the amount of time they're giving people to get it. Why not implement this for the mid-term elections in 2014?

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Mike Shortall

10:45 pm on Monday, September 17, 2012

Not a very good argument ....

As of mid-July, only 2400 people statewide had received new photo IDs in the 4 months the law was in effect. Where was everyone else?!? Willing to bet not many of the "750,000" really bothered. Truth is they don't care.

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John Larkin

7:43 am on Tuesday, September 18, 2012

The point was that even in a perfect situation where everyone got the information and was motivated to get an ID there's no way it could be done in time for this election. So why not give people until 2014 to get one?

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Mike Shortall

9:21 am on Tuesday, September 18, 2012

Really?!? Half a year (March -November) was not enough time?!?

How many individual tasks of civic/personal responsibility can't be completed in six months time????

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CyD252

9:38 am on Tuesday, September 18, 2012

"How many individual tasks of civic/personal responsibility can't be completed in six months time????"

Many, many thousands. Is it more important to get the job done fast, or to get it done right? Since there is no evidence to suggest that ID-based voter fraud poses a significant problem in the United States, I'm all for getting the job done right.

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Mike Shortall

10:02 am on Tuesday, September 18, 2012

Nice dodge on the question. Reps ...

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John Larkin

4:24 pm on Tuesday, September 18, 2012

Obviously, six months hasn't been enough time. They've passed and we still have hundreds of thousands of people without IDs so why continue complaining about it. Yes, in a perfect world everyone would've gone out immediately and gotten IDs, but it's not and they didn't. So instead of ripping people we should be looking for solutions that would benefit as many people as possible. Pushing this back to mid-term elections in 2014 would be a good compromise.

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John Larkin

4:25 pm on Tuesday, September 18, 2012

And in reality, it hasn't been six months when you factor in weekends and days offices are closed. Once you exclude those days it's more like four months.

Sara

11:05 pm on Monday, September 17, 2012

OMG - people stop this Democrat and Republican bickering - this is not a political agenda! this is all about having the proper ID to vote. I do not care if you are a Republican, Democrat, Libertarian or whatever! this is about having a proper ID, not about politics! After the last Presidential election, the election office called the Judge of Elections in each district, and asked what the main concern was - the main concern was that people coming into vote did NOT have ID, and we were forced to do a Provisional Ballot, which takes alot of time and patience. So you really want to put the blame on anyone - put the blame on the Judge of Elections - our job is not some cushy little job - we are on our feet from 6 am till almost midnight.

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Sara

11:23 am on Tuesday, September 18, 2012

you all had six months to get a proper ID, and you all have been given tools to go GET that ID - and you all have been given options as to what to use for a proper ID. If you failed to get a proper ID - no matter what YOUR political party is - then as far as I am concerned and in my own personal opinion - YOU have no right to complain. With all the tv stations commercials, and the news conferences that has been going on for the last six months, you all have been well informed about having proper ID. The deadline to register to vote is October 9th - so if you are NOT a registered voter, please get in contact with your Committee person or call the Election Office, they will mail/give you a form to fill out and mail in. ALL photo ID's must be current and contain an EXPIRATION DATE, the name of the voter, and the name must conform to the name printed in the poll book. Concerning proper ID's - the approved ID's will be, valid Passports, IDs issued by the Federal government, US Military ID, employee ID issued by the a Federal, Pennsylvania, County or Municipal government , Photo ID cards issued from an accredited public or private PA college or university, Photo ID cards issued by a PA care facility, including long term care facitilies, assisted living residences or personal care homes.

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Nick

11:40 am on Tuesday, September 18, 2012

Sara, it remains an unnecessary obstacle to vote. There is no evidence of voter fraud, at least none that this bill addresses. Admit it for what it is - an attempt to suppress votes.

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CyD252

12:28 pm on Tuesday, September 18, 2012

". ALL photo ID's must be current and contain an EXPIRATION DATE, the name of the voter, and the name must conform to the name printed in the poll book."

That's right! And I don't want to hear from any whiny U.S. veterans who are denied the right to vote this November because their Veteran ID card lacks an expiration date! Get with it, vets!

http://tinyurl.com/8dc825l

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Mike Shortall

1:21 pm on Tuesday, September 18, 2012

It's an amazingly silly consideration that anyone who lives a effective life in this society does not have an acceptable form of photo ID. If you don't, you're either an illegal alien, a criminal, or a social recluse. No one who does anything productive in life can afford to be without identification.

Even the poor and indigent need an ID to obtain services. And if you have one form of semi-official ID, you can certainly figure out how to get an officially recognized voting ID. If you can't handle that simple task in HALF A YEAR, you probably weren't coherent enough to heed all the warnings or you simply don't care enough to vote anyway.

Sara

12:36 pm on Tuesday, September 18, 2012

As Judge of Elections, I know first hand about fraud. In the past six years, I have had to ask quite a few voters who came in without proper ID, to do a Provisional Ballot. It HAD nothing to do with suppressing votes for one party or another. It is to make my job and other Judges job much easier, if everyone had proper ID to vote. Do you how long it takes for someone to do a Provisional Ballot? Do you know how long it takes for that Provisional Ballot to be investigated as valid and to be counted as a vote? But if you want to continue to use the political party excuse, then so be it - it is your opinion. I am, in my own opinion, stating that this is NOT a political party agenda. This is why I am NOT a Democrat nor a Republican.

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CyD252

12:51 pm on Tuesday, September 18, 2012

"As Judge of Elections, I know first hand about fraud. In the past six years, I have had to ask quite a few voters who came in without proper ID, to do a Provisional Ballot."

And now you'll have to ask ALL voters to produce proper ID. And every single one of them is going to start rifling through their wallets and purses, similar to when the person in line in front of you at the supermarket must find their supermarket discount card. If you're working the upcoming election, better pack a lunch or two.

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Eric W

7:12 pm on Tuesday, September 18, 2012

Sara, so this law is primarily aimed at making your job easier? Or, can you prove people are defrauding the vote system? Which is it?

Sara

12:38 pm on Tuesday, September 18, 2012

by the way - I vote for the person, not for a political party.

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Sara

1:00 pm on Tuesday, September 18, 2012

In the past, I have asked ALL voters to have their ID's out and ready, before they approached the sign in sheets. There have been signs outside the building and inside the building asking to have your ID ready. Pack a lunch? do you know we work right thru breakfast, lunch and dinner? do you know while everyone is home at night after voting, watching TV or sleeping - we are shutting down the machines, doing the paperwork, counting the tapes, and THEN driving to the election office to hand in the voting tapes from the machines - standing in long lines. Oh - and if we forget to do something, then we are taking in a little room, to go over the tapes and paperwork with the officials. Our day ends at around 11 pm or later on Election Days. All we are asking to make the long lines go smoothly and without any hassles, is to have proper ID. Cause I can guarantee you this, if you do not and you hold up the voting line - there will be voters who have proper ID behind you complaining.

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Mike Shortall

1:22 pm on Tuesday, September 18, 2012

Ignore the "sky is falling" claims, Sara. Anyone intelligent enough to vote, doesn't wait until the last second to make sure they have what they need to vote.

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Eric W

7:15 pm on Tuesday, September 18, 2012

So, if I come in with a photo id, it will be enough to cast my vote? or, do you add even more layers of government bull crap to define what exactly is an acceptable form of id. This is the issue, Sara. More restrictions on a restriction addicted government.

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