It sounds like the judge dealing with the Pennsylvania Jim Crow law is going to do something stupid. Rather than place a broad injunction against enforcement of the law, he’s going to basically render it toothless. Under the law, if you cannot produce a valid state-approved photo identification, you can still cast a provisional ballot. Then you have six days to produce a valid photo ID. If you don’t, your provisional ballot will be tossed. It sounds like the judge realizes that the six-day window will wrongfully disenfranchise tens of thousands of (mostly) Democrats, so he’s probably going to say that provisional ballots should be counted.

This is stupid. It will dissuade people from voting, it will cause confusion, and it will skew the election night results in an extreme Republican direction. There is no reason to make people cast provisional ballots if their votes are automatically going to be counted. A ruling like this is still an attempt to sway the result of the election, including the perception of who won on election night.

Yet, it might be good enough to pass muster with the state’s Supreme Court.

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