A History of Confusion
The Supreme Court’s ruling brings to an end several months of back-and-forth. In July, Tennessee ordered the Shelby County Election Commission not to accept the library cards as sufficient proof of identity. The city of Memphis and two of its residents teamed up to challenge that ruling in court, but lost a pair of initial courtroom challenges. The state’s Court of Appeals heard the case next, and in mid-October handed down a split decision: Tennessee’s amended voter law was constitutional but the Memphis library cards should be accepted. It was the state’s turn to appeal next, and it asked for a stay of that ruling. On Nov. 1, the Supreme Court agreed to hear that argument, but it declined to stay the Appeals court ruling, thereby allowing granting voters access to the polls bearing nothing more than the photo library cards as the required ID. Following the Court of Appeals ruling, as early voting continued in Tennessee, officials in Memphis were alarmed to discover that residents producing only a photo library card were being given provisional ballots, according to a cease and desist letter authored by attorney George Barrett, who represented the plaintiffs, and sent to Tennessee Attorney General Robert E. Cooper. “The State’s actions have already led to confusion among Memphis early voters, many of whom, including a Memphis city judge, have already attempted to vote with their photo library cards, only to be refused by poll workers,” Barrett wrote.ID Still At Issue
The Supreme Court ruling was a victory for Memphis officials and anyone relying on the library cards as their sole form of photo ID. But it will not bring a halt to the legal challenges surrounding the larger issue of whether the voter ID requirement is itself constitutional, which could stretch far into 2013. “It worked for this election anyhow,” Regina Morrison Newman, a deputy Memphis city attorney, told LJ. “The Supreme Court did accept the appeal, but they’re going to hear it after the election.” While state officials in Tennessee and other places where photo ID is required to vote argue that picture proof is necessary to curtail voter fraud and is easy to obtain from a host of sources, opponents say these laws serve to restrict access to hundreds of qualified registered voters, the majority of them minority and lower-income residents, and are designed to benefit Republican candidates. Similar voter ID laws have been negated by court rulings in Pennsylvania and Mississippi, to name only a few. The Brennan Center for Justice, part of the New York University School of Law, has tracked the number of states that have tried to adopt voter ID laws in time for the 2012 presidential election.We are currently offering this content for free. Sign up now to activate your personal profile, where you can save articles for future viewing
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