HARRISBURG (Oct. 2) – After mounting a successful challenge to postpone the photo identification requirement for this election, opponents of the law are targeting the state’s ad campaign next.
The lawyers who persuaded a Commonwealth Court judge to postpone the state’s Voter ID law aren’t planning to appeal for a total injunction of the law, but say the state must stop what they now consider “misleading” ads.
Under Commonwealth Court Judge Robert “Robin” Simpson’s ruling issued Tuesday, voters can be asked to show photo ID at the polls in the upcoming general election Nov. 6, but they can vote even if they don’t have one. That has been termed a “soft rollout” for the law when it occurred in the primary. Simpson ordered it to be in effect for this coming fall election as well.
“The soft rollout works for us,” said Vic Walczak, legal director for the American Civil Liberties Union of Pennsylvania. “If there is an appeal it would be because the commonwealth fails to give assurances they won’t continue with misleading ads.”
Asked if the state should change its ads so voters know they don’t need to produce ID to vote, Gov. Tom Corbett said his team is reviewing that, but “Logic would dictate that.”
The state has not said it will appeal Simpson’s ruling but hailed it as upholding the law, but delaying its implementation, calling that a victory. Corbett offered no criticism of the decision and said while he still sees the law as constitutional, his personal reaction “doesn’t matter at all.”
“No final decision has been made but you can see where we are probably leaning,” Corbett said. “We’re still taking a look at it, it has been too short of a period of time for me to look at it. It’s not a final decision” to not appeal.
Simpson’s ruling did not halt the new law’s mandate for voter education, and said it should continue.
Secretary of State Carol Aichele said in a statement the state plans to continue its education and outreach efforts to let voters know the ruling didn’t impact future elections.
“We still need to go on with continue the education (program for photo ID), money has been set aside to do that,” Corbett said.
“It could create confusion among poll workers and any time you have confusion on Election Day, it’s not good for democracy,” Walczak said.
“I’d really like to think the commonwealth will realize they can’t be putting out false information. I’m really hopeful that the commonwealth is going to change the info they are putting out,” said David Gersh, a lawyer representing challengers in the case.
Department of State spokesman Ronald Ruman said the state is reviewing its advertising to see what needs to be changed and hopes to have any changes made soon.
During last week’s hearing, Department of State deputy secretary Shannon Royer testified the $5 million in federal Help America Vote Act funds set aside for the media outreach campaign mostly has been spent.
Through the multi-million dollar “Show It” outreach campaign, the state sent more than six million mailings to homes of Pennsylvania voters to inform them of the law, Royer said. The commonwealth has also contracted with media relations and advertising firms to produce Internet, radio, television and billboard advertisements.
Ruman said the department doesn’t yet know the costs of any changes that will need to be made.
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Since the state of Pennsylvania has sent out more than six million mailings to homes of Pennsylvania voters informing them of the law requiring a photo ID to vote (which has now been modified) will the state also send out more than six million mailings to inform the same people that they no longer need a photo identification to vote?
Don’t hold your breath!