Opponents argue it would disenfranchise large groups, impose unfunded mandates
By Darwyyn Deyo | PA Independent
HARRISBURG — A proposal requiring that Pennsylvanians show photo identification before voting is riling up a diverse group of advocates, as well as state lawmakers.
State Rep. Daryl Metcalfe, R-Butler, on Wednesday held an informational meeting on H.B. 934, which would require a photo ID before voting.
The legislation, however, has garnered strong opposition from a diverse coalition of groups, including the Pennsylvania ACLU, the County Commissioners Association of Pennsylvania, the League of Women Voters, the Senior Law Center, the AARP of Pennsylvania and the Black Political Empowerment Project in Pittsburgh.
Metcalfe, who chairs the House State Government Committee, said the bill is a “common sense” piece of legislation.
“This is going to be a policy change where the individual voter is going to show identification and when you’re going through the polling place, (poll workers) have to sign you in, find your name, and now they have to look at your picture," he said.
Andy Hoover, legislative director for the ACLU of Pennsylvania, said the legislation would disproportionately affect “historically marginalized” groups without addressing concerns about fraudulent voting through absentee ballots.
And he said there's no need for the proposal.
“This bill specifically addresses impersonation fraud, and there’s no evidence there’s a systemwide problem with impersonation fraud,” said Hoover. “Until they can show clear evidence there’s a systemic problem, voter identification laws are more hassle than they’re worth.”
The Brennan Center at the New York University School of Law estimates 11 percent of Americans do not have photo identification. At Wednesday’s meeting, Metcalfe estimated 4 percent of voting-eligible Pennsylvanians did not have photo identification, meaning more than 100,000 Pennsylvanians could be affected.
Hoover said North Carolina estimated its proposed voter identification law would cost $18 million to $25 million during three years. He also noted that states with voter ID law have seen election costs increase by up to 50 percent.
There is no fiscal note attached to the bill.
The County Commissioners Association opposes the bill on the grounds it does not address voter fraud and would impose “unfunded mandates” on the counties.
“House Bill 934 narrows the list of acceptable photo IDs, by limiting the qualification to federal or Commonwealth-issued ID,” the organization said in a statement. “It deletes most student and all employer IDs, which for most other public identification purposes are considered valid. It deletes alternate non-photo IDs altogether, which current law, including the federal Help America Vote Act, find acceptable. The bill also contains a vague, but new, mandate for counties to ‘disseminate information to the public regarding the availability of identification cards.’”
Metcalfe said that he expects his bill will be supported by both Republicans and Democrats. But the minority chair of the House State Government Committee has strong doubts.
“This is a bill which raises barriers to voting,” said state Rep. Babette Josephs, D-Philadelphia. “We think democracy works best when more people participate and we’d like to see voting made simpler.”
Josephs also suggested the bill was a move to disenfranchise Democratic voters compared to Republican voters, and identifying people on fixed incomes, senior citizens, the handicapped, the homeless and domestic violence survivors as potential targets.
“I think you will see a partisan breakout,” said Josephs. “Republicans believe, though they’re afraid to admit it, that this will help them in future elections.”
State Rep. Tom Creighton, R-Lancaster, said the bill was not about preventing people from voting or encouraging them to do so.
“It’s about providing a fair process that we have confidence in, and has integrity,” said Creighton.
The bill also would transfer the primary jurisdiction for voter fraud cases to the state's attorney general. Under current law, district attorneys have the first responsibility to investigate allegations of fraud.
State Rep. Matt Gabler, R-Clearfield, said the bill was a necessary step to give law enforcement the ability to crack down on voter fraud when it occurs.
“It’s like saying you don’t know how hot something is without a thermometer,” said Gabler. “We have the allegations of fraud, but not the tools to prosecute those cases.”
Steve Miskin, spokesperson for House Republicans, said H.B. 934 is not on the schedule.
“The priority now is going to be budget, budget related bills, things of that nature,” said Miskin. “This one’s not on the schedule yet, but it’s something we’ve moved and passed before.”
Tim Potts, executive director of Democracy Rising PA, a nonprofit, nonpartisan good government organization, said there is a time and place to require photo identification but it is not at the polling place.
“Voting is a right of citizenship,” said Potts, “so once you have established citizenship there shouldn’t be any other requirement. If you’re worried about non-citizens voting, the time to worry about that is the day of registration, not the day people are walking into the polls.”
Eric Boehm contributed to this report.
