Does the injunction that Judge Simpson issued today inadvertently violate the first-time voter identification requirement in the Help America Vote Act of 2002 (“HAVA”)? HAVA, in Section 303(b), requires voters who register by mail and are voting for the first-time to present identification at the polls. Pennsylvania implemented this requirement of HAVA in the law that preexisted the current Photo ID Law. … Because the new requirement in the Photo ID Law that everyone show photo ID at every election made the requirement that first-time voters show ID unnecessary, Act 18 amended this section to do away with the distinction between first-time voters and all other voters. The Act also limited the acceptable forms of identification to photo ID.
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