Tennessee Appeals Court Upholds Voter ID Law, Says is Constitutional
Source: Reuters
Tennessee appeals court upholds voter ID law, says is constitutional
NASHVILLE | Fri Oct 26, 2012 12:21am EDT
By Tim Ghianni
NASHVILLE (Reuters) - A Tennessee appeals court ruled on Thursday that a state requirement that voters have photo identification is constitutional but that the Memphis library cards at the heart of a challenge to the law were acceptable at polling places.
The Tennessee Secretary of State plans to appeal the ruling to the state Supreme Court, a move that will freeze the appeal court ruling until the high court takes action, according to Blake Fontenay, a spokesman for the Secretary of State.
"This is like changing the rules at halftime of a football game," Fontenay said, explaining the quick reaction to Thursday's ruling, which came as early voting in the November 6 general election was already underway.
"I wouldn't lose sight of the part of the ruling that we are very pleased with that upholds the constitutionality of the law," he added.
Read more: http://www.reuters.com/article/idUSBRE89P05T20121026
still_one
(92,454 posts)votes
They have become an ugly, diseased party, who have evolved into the politics of george wallace and lester maddox
Rick ungar
(17 posts)Going back to a poll tax? Disgusting.
caseymoz
(5,763 posts)AndyTiedye
(23,500 posts)That part was a victory for our side, which is why they are appealing. They don't want to allow library cards.
They want everybody to have to get to the DMV to get their IDs. The intent is to disenfranchise those who don't drive.
caseymoz
(5,763 posts)I just find it ironic because it sounds like you must prove you're literate and have it certified by a government agency to vote, and that ends up sounding similar to, what? Jim Crow.
I know the library card is far more lenient than a driver's license, but that would make the driver's license somewhat stricter than previous voter restraints.
My question: since Republicans are suddenly so in love with ID's and citizens having to certify themselves, shouldn't this be a good time to propose a universal federal ID? That might shut them up about driver's licenses, which are an absurd thing to prove your identity with. Some goes with Social Security cards.
dixiegrrrrl
(60,010 posts)When Soc. sec. was first created back in the 30's, it was specifically ruled the cards were NOT to be used for identification purposes, to quell fears of imitating fascist governments which were on the rise in Europe.
Today one is often asked for Soc. Sec. # routinely, but often that can be foiled by asking if another form of ID will be accepted, esp. since identity theft is so prevalent.
caseymoz
(5,763 posts)So, now we have social security as our de facto ID, even though it's vulnerable as hell against fraud and thievery. Or drivers' licenses, which, of course, should be only for driving. Or now, library cards. As none of these were meant as IDs, they can all be faked easily.
People need ID's for reasons other than running a fascist state.
daybranch
(1,309 posts)will have no electoral votes for Obama. But those angered by this voter id requirement should go and help reelect Obama in Florida , North Carolina, and especially here in Ohio. After we do this we can find ways together to rid Tennessee of this ridiculous law. Tennesseans come on up, we have only 11 days left and we want and need you.
happyslug
(14,779 posts)See my post below, the court of Appeals did what courts always do when it comes to law in derogation of the Common Law, narrowly construe them. In this case ruled that the Photo Library Card of Memphis Tennessee was a Photo ID issued by a state entity and thus valid under the Photo ID law.
happyslug
(14,779 posts)In my opinion, a good decision, for it follows the US Supreme Court rulings upholding Voting IDs BUT permit local governments to issue photo IDs that meet the requirement of the Voter ID Act.
The Statute in question is as follows:
a valid identification card issued by a branch, department, agency or entity of this state, any other state, or the United States authorized by law to issue personal identification; provided, that such identification card contains a photograph of the voter.
The Court ruled the City of Memphis photo Library Card MET that requirement. Since the court was NOT going to strike down the requirement of Voter ID on State Constitutional Grounds (and could NOT on Federal Constitutional grounds, for the US Supreme Court has ruled Voter IDs laws meet all Federal Constitutional requirements), expanding how a person can get a Photo ID is the best long term way to kill the whole concept of voter ID.
Remember the Voter ID laws are designed to keep from voting low income people, who also tend to be the largest group without a Driver's License. Most also do NOT have a Passport or any other form of ID (With the sole exception of a Social Security Card), let alone a Photo ID (Which a Social Security, Welfare, or Medicare Card do NOT have).
Yes, striking down the Voter ID Law would be the better option, but given the law I do NOT see that happening unless a State Supreme Court is willing to interpret a State Constitutional Provision on Voting to include requiring a Photo ID. Thus best long term possible solution would be to permit as many forms of Photo ID to be acceptable Photo ID and that is what the Tennessee Court of Appeals did here.
EC
(12,287 posts)The library I.D. is acceptable - so that pretty much covers the Democrats. But in Tennessee I'm guessing many of the tea party types don't have anything to do with a Library.
AngryAmish
(25,704 posts)Is Illinois different than other places?