Pennsylvania judge honors MLK with decision on voter suppressive law

On Friday, Pennsylvania Commonwealth Court Judge Bernard McGinley ruled that the Voter ID Law signed into law in March 2012 by Republican Governor Tom Corbett is unconstitutional and solving a problem that does not really exist by any great measure. In his 103 page ruling, Judge McGinley noted “Voting laws are designed to assure a free and fair election. The voter ID law does not further this goal.”

Per The Charlotte Observer, Judge McGinley “ruled that the law hampered the ability of hundreds of thousands of qualified Pennsylvanians to cast their ballots falling most heavily on elderly, disabled, and low-income residents, and that the state’s reasons for enacting the law – that it was needed to combat voter fraud – was unsupported by the facts.” He also noted the “communication designed to explain the law was filled with miscommunication which had never been corrected.”

This ruling will likely be appealed, but is consistent with the expectations of many attorneys that the law is unconstitutional. The law is actually not as over-the-top as the law signed in North Carolina earlier this year to serve the same unsupported claim of rampant voter fraud. I have written several times about the NC Voter ID Law, the latest of which can be found with the following link:

https://musingsofanoldfart.wordpress.com/2013/08/14/this-north-carolina-voter-is-embarassed-by-new-voter-id-law/

Before the NC Voter ID Law was passed, the Democrat NC Attorney General told the General Assembly and Governor the law was unconstitutional. Personally, I have written several emails to legislators about not passing this obvious Jim Crow type law. Some have written back in disagreement and the legislation was passed anyway. This has also been one of several issues that have been taken up by the Moral Monday weekly protestors which have led to the arrest of over 900 ministers, teachers, professors, attorneys and others.

And, if you watched an episode this summer on “The Daily Show” you will see an interview with a Buncombe County (Asheville, NC area) Republican Party  Leader, who was very animated about the purpose of this law – to suppress votes so GOP candidates could win. He was so over the top in saying what he believed to be true, the GOP asked him to step down. To their credit, the NC GOP did ask him to step down, but this was a party leader speaking, not just an extreme conservative voter. My friend Amaya in her blog The Brabble Rabble has a link to this episode.

http://thebrabblerabble.wordpress.com/2013/10/24/the-daily-show-video-suppressing-the-vote/

The NC Voter ID Law has four pending lawsuits against it. And, both the Governor and General Assembly have retained legal counsel, which will likely cost the state over $1 million in legal fees to defend. My hope is a NC judge will rule accordingly following the lead from Pennsylvania. So, I want to thank Judge McGinley for his very appropriate ruling. This is a nice tribute to Martin Luther King on our holiday to celebrate his life and work. We should not have to be dealing with issues like this, yet when people’s rights are trampled on, we need to follow the lead of the Moral Monday crowd and fight against it. Martin Luther King would want us to.

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4 thoughts on “Pennsylvania judge honors MLK with decision on voter suppressive law

    • Linda, it is. The so called fraud problem has no basis other than a few anecdotes. I noted to our Governor we have too many folks governing by anecdote and not data. Thanks for writing, BTG

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