Closing the Loophole
Confusingly, the state Supreme Court’s recent decision reverses a previous ruling by…the state’s Supreme Court. Just before Election Day 2012, the Supreme Court had backed a ruling by the state Court of Appeals allowing the library cards to count as primary voter ID when Memphis residents went to the polls to choose a president. Said Morris, “We won on game day.” However, after that defeat, in April the state legislature amended the statute, allowing only those picture ID cards issued by the “state of Tennessee or the United States.” The revision included language specifically mentioning a “public library” as one type of county or municipal institution that did not meet the law’s requirement. In its latest ruling, the Supreme Court said the state had a right to protect against fraud by demanding picture verification before letting voters cast a ballot. In his decision, Supreme Court Chief Justice Gary R. Wade wrote “the integrity of the election process empowers the state to enact laws to prevent voter fraud before it occurs, rather than only allowing the state to remedy fraud after it has become a problem.” The ruling added, “It is within the authority of the General Assembly to guard against the risk of such fraud in this state, so long as it does not do so in an impermissibly intrusive fashion.” “In summary, the 2013 amendments to the (voter ID) Act rendered moot all issues pertaining to the validity of the photo ID cards issued by the Library,” Justice William C. Koch Jr. wrote in a concurring opinion.No further challenge… for now
George E. Barrett, attorney for the two Memphis residents Daphne Turner-Golden and Sullistine Bell, who were turned away after trying to use their library cards to gain access to the polls, said his clients have little recourse for appeal. This type of challenge to a state constitution, he noted, does not allow for an appeal to the U.S. Supreme Court. Morris said the city, too, plans no further legal challenge at this time, but added, “We’re not saying other challenges won’t be brought in the future,” Morris said. “We’re taking this a game, or an election, at a time.… There are a lot of elections between now and 2016.” Hargett, in his statement to LJ, said only that the state will continue working to ensure “fair and honest elections” for everyone in Tennessee.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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