ANOTHER OPINION: Voter-ID Law Is Abuse Of Power

BY STATE REP. RON WATERS/ The moral outrage and national embarrassment over Pennsylvania’s strictest-in-the-nation voter-identification law are well-deserved. But what’s most disturbing about this law is the fact it’s a blatant abuse of power by the controlling party in Harrisburg – the Republicans – for purely partisan political gain.

The Pennsylvania Supreme Court is hearing arguments today on whether to stop the voter-ID law from taking effect this fall. While the justices should certainly keep in mind the hundreds of thousands of Pennsylvanians likely to be disenfranchised by this law, they should also be mindful of their role as a constitutional check against abuses of power by the legislature and the Governor.

These six Supreme Court justices (the seventh has been suspended while she faces criminal charges) may be the only people who can stop this unconstitutional Republican power grab. The Supreme Court is evenly split politically – three Democrats and three Republicans. If the court’s voter-ID decision ends in a 3-3 tie, the Commonwealth Court’s ruling would be upheld and voter ID would remain in effect for this November’s elections.

That’s why all eyes will be on Philadelphia’s own Chief Justice Ronald D. Castille. A Republican and former Philadelphia District Attorney, Castille has been known to set party allegiances aside in his rulings.

Most recently, he stunned political observers by throwing out the Pennsylvania Legislative Reapportionment Commission’s redrawn state House and Senate district maps. In his written opinion on that case, Castille wrote: “It is true, of course, that redistricting has an inevitably legislative, and therefore an inevitably political, element; but, the constitutional commands and restrictions on the process exist precisely as a brake on the most overt of potential excesses and abuse.”

Those words – “a brake on the most overt of potential excesses and abuse” – are surprisingly relevant in the voter-ID case. Let’s remember that State House Republican Majority Leader Mike Turzai made this now-infamous remark: “Voter ID, which is gonna allow Gov. Romney to win the state of Pennsylvania, done.” It doesn’t get more overt than that. Turzai’s comments were a rare moment of political honesty about what the voter ID law truly is – a partisan scam intended to rig a presidential election for the Republican candidate. If that’s not partisan excess and an abuse of power, I don’t know what is.

Even the Commonwealth Court judge called Turzai’s statements “disturbing” and “tendentious.” Unfortunately, the judge glossed over Turzai comments. The Supreme Court should not make the same mistake.

This law clearly was never about preventing voter fraud, as there have been zero instances of in-person voter fraud in Pennsylvania – the only type of fraud this law would prevent. No, the majority leader of the State House didn’t misspeak, and he wasn’t speaking as just one lone powerless member of the House. He spoke from a position of authority – as the person in charge of legislation in the State House. He just happened to accidentally speak the truth, admitting that the voter ID law has always been about voter suppression, not voter protection.

This law is intended to suppress the vote of traditionally Democratic-leaning populations – minorities, women, seniors, individuals with disabilities and young adults. It just so happens that most of those groups live right here in Philadelphia and the surrounding counties – Chief Justice Castille’s hometown. This law disenfranchises his neighbors. These are people who are most likely not to have a US passport or a Pennsylvania driver’s license and do not have adequate resources to obtain an acceptable alternative form of identification.

This strategic ploy was meant to impact voters within months of its passage, leaving many bewildered, overwhelmed and angry. Citizens must quickly learn the law’s requirements and their responsibilities in ensuring they have an acceptable proof of identification to cast their ballots on Nov. 6. Some citizens are forced to determine if their current identification will be accepted, while others who do not have identification must compile and submit the required paperwork quickly to be able to vote.

To make matters worse, only PennDOT licensing centers can issue the alternative acceptable form of identification, and those centers often are not conveniently located and are open during limited hours. Lack of transportation to the PennDOT centers is a serious hurdle for many voters.

It is my hope that the Supreme Court – led by Philadelphia’s own Chief Justice Castille – will do the right thing by all Pennsylvanians and stop this undemocratic law – a transparent abuse of power – from being implemented this November. If those six justices fail to stop this sham of a voter-ID law, they will share in the stained legacy this law will leave for future generations.

(Ronald G. Waters represents the 191st Legislative Dist. in portions of Philadelphia and Delaware Cos. and serves as chairman of the Pennsylvania Legislative Black Caucus).

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