Voter ID Laws: Arkansas Supreme Court Rules State's Voter ID Law Unconstitutional
Arkansas's highest court declared the state's voter identification law was unconstitutional, and the decision could affect a key U.S. senate election.
Ahead of the early voting period, which starts on Oct. 20, the Arkansas Supreme Court struck down the state's 2013 voter ID law. According to Arkansas Associate Justice Donald Corbin, a photo ID requirement would be a new qualification that's not listed in the state's Constitution. As Arkansas Times' Max Brantley noted, the Arkansas Constitution noted only four voter qualifications: "A person must be 18, a U.S. citizen, an Arkansas resident and registered to vote."
"The four qualifications set forth in our state's Constitution simply do not include any proof-of-identity requirement," Judge Corbin wrote. "Further, with the legislature's passage of Act 595 requiring this additional qualification, we cannot determine any set of circumstances exist under which Act 595 would be valid."
Corbin added that the voter ID law would "disenfranchise" voters and contradicts the goals set by the framers of the state's Constitution.
"Therefore, we hold that Act 595 requiring proof of identity is unconstitutional on its face and imposes a requirement that falls outside the ambit of article 3, section 1, of the Arkansas Constitution," Corbin wrote.
"We are thrilled that the Arkansas Supreme Court eradicated this artificial, vote-stealing law," ACLU of Arkansas Legal Director Holly Dickson via The Associated Press. "It was an unconstitutional barrier that has already stolen legitimate voting rights, and we are thrilled to see Arkansans' voting rights restored."
"Existing law allows vote officials to ask to see an ID, but voters are not required to produce one," Brantley wrote. "Votes can be challenged by election officials if they doubt the validity of a voter, based on signature or other discrepancies."
According to Democratic Party of Arkansas Chairman Vincent Insalaco, the voter ID law would have made it harder for voters to exercise their right to vote. "While a thousand votes were thrown out during May's primary when the Voter ID law was in place, every vote will be justly counted in November's election. [Wednesday's] decision is a win for all Arkansas voters."
Republican Party of Arkansas Chairman Doyle Webb said he had hoped the court would agree with the voter ID law and "help restore the integrity of the ballot" in the state.
"[U]nfortunately, the Court failed to do so," Webb said. "We do not anticipate that this will have any impact on Republican victories in November since the people of Arkansas now identify with the views and values of the Republican Party as reflected in the last two election cycles."
Arkansas Attorney General Dustin McDaniel and Secretary of State Mark Martin did not respond to Latin Post for a statement.
The state's Supreme Court decision is also mandated to go into effect immediately. Arkansas's Republican-controlled Legislature originally passed the state's voter ID law in April 2013 after lawmakers overrode a veto by Democratic Gov. Mike Beebe. The law went into effect this year on Jan. 1.
Prior to the court's decision, Arkansas voters had to present one of six recognized forms of photo identification such as a driver's license, college ID, military ID, U.S. passport, state or federal employee badge and concealed handgun carry permit. Voters could carry a photo ID that expired no more than fours years before the impending election date. According to the state's secretary of state Webpage, people without photo ID could receive a free voter ID card by contacting their county clerk.
The voter ID decision could affect the senate election of Democratic incumbent Mark Pryor and Republican candidate and Rep. Tom Cotton of the 4th Congressional District. New polling data has Cotton narrowly ahead with 42 percent to 36 percent for Pryor.
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