Pennsylvania Commonwealth Court Judge Robert Simpson Aug. 15, 2012, refused to grant an injunction that would have halted the law requiring each voter to show a valid photo ID. Opponents are expected to file a prompt appeal to the state Supreme Court.
Pennsylvania Commonwealth Court Judge Robert Simpson Aug. 15, 2012, refused to grant an injunction that would have halted the law requiring each voter to show a valid photo ID. Opponents are expected to file a prompt appeal to the state Supreme Court.
Pennsylvania Commonwealth Court Judge Robert Simpson Aug. 15, 2012, refused to grant an injunction that would have halted the law requiring each voter to show a valid photo ID. Opponents are expected to file a prompt appeal to the state Supreme Court.
IN THE COMMONWEALTH COURT OF PENNSYLVANIA.
Viviette Applewhite; Wilola
Shinholster Lee; Grover
Freeland; Gloria Cuttino;
Nadine Marsh; Dorothy
Barksdale; Bea Bookler;
Joyce Block; Henrietta Kay
Dickerson; Devra Mirel ("Asher")
Schor; the League of Women Voters
of Pennsylvania; National Association
for the Advancement of Colored
People, Pennsylvania State Conference; :
Homeless Advocacy Project, :
Petitioners
y. 1 No. 330 M.D. 2012
The Commonwealth of Pennsylvania, : HEARD: July 25, 2012
Thomas W. Corbett, in his capacity
as Govemor; Carole Aichele, in her
capacity as Secretary of the
Commonwealth,
Respondents
BEFORE: HONORABLE ROBERT SIMPSON, Judge
OPINION NOT REPORTED
MEMORANDUM OPINION
BY JUDGE SIMPSON FILED: August 15, 2012
DETERMINATION on APPLI
for PRELIMINARY INJUNCTIO!
Presently before this Court is a request for preliminary injunctive
relief filed by several individuals' and organizations? (collectively, Petitioners),
' When Petitioners filed their complaint, the individual Petitioners were Vivietle
Applewhite, Wilola Shinholster Lee, Grover Freeland, Gloria Cuttino, Nadine Marsh, Dorothy
(Footnote continued on next page...)supported by various friends of the court,’ seeking to enjoin Respondents," the
Commonwealth of Pennsylvania, Governor Thomas W. Corbett and Secretary of
the Commonwealth Carol Aichele and their agents, servants, and officers, from
enforcing or otherwise implementing the Act of March 14, 2012, P.L. 195, No. 18
(Act 18), which requires citizens voting in-person on election day to present one of
several specified forms of photo identification (ID).
(continued...)
Barksdale, Bea Bookler, Joyce Block, Henrietta Kay Dickerson, and Devra Mirel (“Asher”)
Schor.
By agreement of the parties, the Court entered an order granting voluntary nonsuit as to
the claims of Petitioners Dorothy Barksdale and Grover Freeland during the course of the
hearings on Petitioners’ request for preliminary injunetive relief,
? The organizational Petitioners are the League of Women Voters of Pennsylvania, the
National Association for the Advancement of Colored People, Pennsylvania State Conference,
and the Homeless Advocacy Project.
3 The City of Philadelphia and Stephanie Singer, Chair of the City Commissioners;
Senior Law Center, AARP, Pennsylvania Association of Area Agencies on Aging, Center for
Advocacy for The Rights and Interests of the Elderly, Pennsylvania Alliance for Retired
Americans, the Pennsylvania Homecare Association, Eldemet of Lower Merion and Narberth,
The Institute for Leadership Education, Advancement and Development, Intereommunity
‘Action, Inc, and Jewish Social Policy Action Network; Pennsylvania AFL-CIO; Dennis Baylor;
Stephen J. Shapiro, In his Capacity as Judge of Election for district 635, Tredyfirin Township,
Chester County, Pennsylvania; Chelsa Wagner, Allegheny County Controller; and, State
Representative Anthony H, Williams and 18 Pennsylvania State Representatives, filed briefs as
amici curiae in support of Petitioners,
* State Representative Daryl Metealfe and 49 Pennsylvania State Representatives; George
W. Ellis, Pro Se; and Bipartisan Group of Electors, filed briefs as amici curiae in support of
Respondents.I Background
A. Factual and Procedural History
On May 1, 2012, less than two months after the enactment of Act 18,
Petitioners commenced this action by filing a 5l-page “Petition for Review
Addressed to the Court’s Original Jurisdiction” (complaint). On the same day,
Petitioners filed an application for special relief in the nature of a preliminary
injunction.
Through their complaint, the individual Petitioners aver they lack an
acceptable form of photo ID, which is now required to vote in-person under Act
18. As a result, the individual Petitioners allege they will be disenfranchised or
severely burdened by Act 18’s photo ID requirement.
For their part, the organizational Petitioners allege that the enactment
of Act 18 caused them to reallocate and devote substantial resources to educating
their members and the public about Act 18"s requirements. Additionally, the
organizational Petitioners aver they may have members whose right to vote is
impermissibly burdened by Act 18.
Petitioners allege Act 18’s photo ID requirement will disenfranchise
and deter qualified Pennsylvanians from exercising their fundamental right to vote,
which is expressly guaranteed by the Pennsylvania Constitution. They assert the
crucial facts are straightforward and largely undisputed. By any count, Petitioners
aver, the individual Petitioners are among hundreds of thousands of
Pennsylvanians who are eligible to vote, but who lack an acceptable form of ID