Georgia voter ID law on hold (again)

Fulton judge says Legislature overstepped its authority

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By CARLOS CAMPOS
The Atlanta Journal-Constitution
Published on: 07/08/06

For now, Georgia voters will not be required to show a photo ID when they cast a ballot beginning Monday in the July primaries.

A Fulton County judge stopped enforcement of the state's photo voter ID law on Friday, declaring it an illegal impediment to the right to vote.

Former Democratic Gov. Roy Barnes had sought the action in a state court, arguing Thursday before Judge Melvin K. Westmoreland that requiring voters to show government-issued photo ID violated the state Constitution.

Both Gov. Sonny Perdue and state Attorney General Thurbert Baker immediately announced plans to file an appeal with the Georgia Supreme Court, in hopes of overturning the judge's decision in time for a July 18 primary election.

The state had been prepared to begin enforcing the law Monday, when a five-day early voting period begins for the July 18 primary. Voters will select Republican and Democratic candidates for governor, lieutenant governor, Congress and a host of state and local races.

The Secretary of State's office alerted elections officials in all 159 counties Friday to revert back to an old law requiring voters to show any of 17 forms of identification, including some nonphoto documents such as a utility bill. Any voter who cannot produce ID can sign a sworn statement confirming identity.

Westmoreland's temporary restraining order applies only to the July 18 primary and any runoffs. A hearing for a permanent halt to the law is yet to be scheduled.

The Legislature passed a law earlier this year requiring voters to show one of six forms of government-issued photo identification prior to casting a ballot, including a driver's license, passport or military ID.

Elderly, disabled affected

Opponents of the law have argued that acquiring photo ID is difficult for some people, such as elderly people who don't drive or the disabled.

Barnes argued that the Georgia Constitution sets forth basic requirements for the right to vote, but showing photo ID is not among them. Barnes represented two Fulton County residents who claimed they lacked the proper ID to vote.

Lawyers for the state argued that lawmakers routinely set policies and regulations for voting, such as determining when and where voters can cast ballots.

But Westmoreland said in his ruling that legislators overstepped their bounds.

"The right to vote is not absolute as the state can impose voter qualifications and regulate access to voting," Westmoreland wrote. "However, it cannot unduly burden that paramount right to vote. The power to regulate elections does not justify the abridgment of the right to vote."

Barnes also accused the Republican party of cooking up the photo ID requirement as a scheme to maintain political control and suppress the votes of poor, elderly and minority voters, who tend to cast Democratic ballots.

Republicans unhappy

On Friday, Barnes continued to call the law a "blatant political ploy" and said he was elated by the decision.

"The decision by Judge Westmoreland this afternoon proves that the system does work," Barnes told reporters at his Marietta law office. "That our basic rights that are enshrined in the constitution are protected."

In his ruling, Westmoreland noted the political backdrop to the voter ID issue, but emphasized that his ruling was made strictly on legal terms.

"The Court does not view this as a political matter, but rather a constitutional issue to be decided."

Republican reaction to Westmoreland's ruling was swift — and strong— on Friday.

Perdue said in a statement that he was disappointed in Westmoreland's ruling. Republican leaders have argued that requiring photo voter ID is critical to preventing voter fraud.

"I respectfully disagree with Judge Westmoreland, and I believe that Georgia's law is not only constitutional, but a common sense, prudent protection of the election process," Perdue said.

House Speaker Glenn Richardson (R-Hiram) ripped Barnes for "shamefully attempting to promote blatant acts of identity fraud in Georgia's voting system."

Richardson added: "These actions clearly reveal the intent of Georgia Democrats to secure voting rights for dead people, felons and illegal immigrants."

Sen. Cecil Staton (R-Macon), who sponsored the voter ID law, said the judge is "simply wrong."

"The Legislature makes laws all the time regarding voting," Staton said. "If you were to apply his logic, then the state wouldn't be able to apply any requirement for identification for voting. This is asinine."

No fees for state Ds

Last year, a federal judge halted enforcement of a similar photo voter ID law passed by the Legislature in 2005. The judge said that requiring people to purchase a state-issued ID infringed on the right to vote and amounted to a poll tax.

The Legislature came back this year with a new law that ordered all 159 counties in Georgia to issue free voter identification cards to anyone who needs a photo ID to vote. The state had begun issuing those IDs last week. A secretary of state's spokeswoman said those IDs will still be accepted as valid identification for voting.

A hearing in a separate lawsuit filed in federal court is scheduled for Wednesday. In that suit, a coalition of civil rights and voter advocacy groups maintain the photo voter ID law is an uneccesary obstacle to voting.

Another court decision favoring the state could potentially swing the pendulum back to the photo ID requirement, causing yet another shift in procedure at the polls.

Heather Hedrick, a spokeswoman for Perdue, said most Georgia voters are prepared to show picture ID and won't be confused by such potentially abrupt shifts.

"This is not confusing to most Georgians at all," said Hedrick. "Only a handful of people have requested a free photo ID for voting."

Staff writer Richard Whitt contributed to this article.