I’m not a lawyer but reading the decision (pdf) I believe that we have succeeded in blocking any meaningful implementation of the Pennsylvania Jim Crow Law. To understand the law it’s important to know that it was designed to be phased in. Starting on January 1st, 2012, poll workers were required to ask for a state-approved photo ID. If a voter didn’t have a state-approved photo ID, they would still be allowed to vote in the same manner as they had in the past, but they would be provided with information about the law, including the fact that they would need a photo ID for any election occurring after September 16th, 2012. Starting on September 17th, anyone lacking a state approved photo ID would be allowed to cast a provisional ballot, but they would have to show up at their county Board of Elections within six days with the photo identification or their provisional ballot would not be counted.
I was worried that the judge would only strike the very last part of the law. In other words, I was concerned that he would allow poll workers to force people without state-approved photo ID to cast provisional ballots but not require people to show up to their county Board of Elections.
But he didn’t do that. What he did instead is to extend the phase-in part of the law past September 16th and past the November 6th election. So, people will not be forced to cast provisional ballots.
This is important for three reasons. First, it will avoid a lot of angst and confusion for the effected voters. Second, it will not treat urban minorities, students, and the elderly as second class citizens. Third, it will avoid the problem of not counting up to 15% of the election day votes until at least a week after the election takes place. Almost all of those votes would have come out of Obama’s column, leaving the impression that Romney had won Pennsylvania and causing confusion for the whole country.
But the most important thing is that Jim Crow will not be in effect in Pennsylvania on November 6th, despite the desperate efforts of the neo-confederates in the the modern state GOP.
