Pennsylvania’s long-sidelined voter identification law is about to go on trial. Civil libertarians who contend that the statute violates voters’ rights persuaded a state judge to bar enforcement of the photo ID requirement during the 2012 presidential election and the May primary. But those were temporary orders based on a narrower context; the trial set to begin July 15 in Commonwealth Court will explore the more complicated constitutional questions. It could be the beginning of a long process. Lawyers in the case say a panel of Commonwealth Court judges may weigh in following the trial, before what both sides expect will be an appeal by the loser to the Pennsylvania Supreme Court.
If the state prevails, Pennsylvania voters will be required for the first time to show an acceptable photo ID before they may cast ballots. If the court overturns the law, little will change at the polls. It remains unclear how soon the case may be resolved.
The plaintiffs’ lawyers – the Public Interest Law Center of Philadelphia, the American Civil Liberties Union of Pennsylvania, the Advancement Project, and the Washington D.C. law firm of Arnold & Porter – have asked the court to bar enforcement of the law until the case has been fully resolved by the state’s high court, most likely after the Nov. 5 judicial and municipal elections.
“No one thinks this will be decided before the November election,” said Jennifer Clarke, executive director of the law center.
The state’s legal team includes lawyers from the attorney general’s office, Gov. Tom Corbett’s Office of General Counsel and the private firm of Drinker Biddle & Reath LLP.