Pennsylvania, which cemented itself as a true swing state in the last few presidential elections, does not currently require voter ID at the polls, other than for first-time voters. The rumblings about the need for Pennsylvania voter ID are intensifying, and yet another in a long string of bills was just introduced.
Social media punditry — by self-proclaimed experts — would lead the casual observer to believe that voter ID is the answer to all election integrity woes in the United States. While requiring voters to prove they are who they say they are does make elections more secure, the reality tends to be more complicated, especially in Pennsylvania. The state’s elected Republicans should understand that voter ID by itself will not solve Pennsylvania’s election integrity challenges — larger reform is needed.
While the Keystone State actually has a voter ID law on the books, signed into law in 2012 by Republican Gov. Tom Corbett, it has never been enforced due to lawsuits immediately filed against it, eventually resulting in a court order declaring it unconstitutional. The legal hijinks that resulted in the invalidation of the law irritated the Republicans in the Pennsylvania legislature, resulting in many new proposals for Voter ID laws that never made it past the drawing board, thwarted by Democrats in the legislature and by Democrat governors.
Flawed Mail-In Voting Law
One election law change that did get enacted in Pennsylvania was the infamous no-excuse mail-in voting law (Act 77) in 2019, which was traded for the abolishment of what was known as straight-ticket voting — that is, allowing voters to push one button, or fill in one circle, and have their vote recorded for all candidates from one party. Republicans thought they were getting the better end of the deal by leveling the playing field for local elections, especially when there was a popular Democrat at the top of the ticket, giving local Republicans more of a fighting chance.
However, Pennsylvania’s chaotic rollout of no-excuse mail-in voting, and the poorly written statute, rife with ambiguities and contradictions, turned the 2020 presidential election in Pennsylvania into a veritable circus, fraught with lawsuits, accusations, and dissatisfaction among the electorate about the integrity of the results. Furious Republican voters could not be convinced that the bargain that abolished straight-ticket voting was worth the calamity and national embarrassment of a mail-in voting law that appeared to deliver the White House to Joe Biden.
By 2024, Pennsylvania Republicans had not been able to make significant amendments to the election laws, save for a requirement that mail ballot processing continues without interruption until complete in counties that accepted grant money from the state government. However, the Republican National Committee’s Protect the Vote initiative, and tremendous investment in talented staff, lawyers, and volunteers, ensured that there were a sufficient amount of trained election workers, poll watchers, and observers in place to stay ahead of the shenanigans.
GOP Insists on Voter ID
Election reform talks continue apace in Pennsylvania but have tended to stall because the Republican-controlled state senate insists that any new election statute include voter ID. Democrats seek all sorts of goodies in exchange for the consideration of voter ID, such as processing ballots before Election Day, same-day voter registration, and early voting. Thus our Pennsylvania elected Republicans face a tantalizing decision — just what will they give away in furtherance of voter ID? Attentive Pennsylvania Republicans will not tolerate an Act 77 redux, where Republicans bargain for voter ID but give away something much more valuable.
Our elected Republicans should understand that voter ID, in and of itself, will not solve any of Pennsylvania’s election integrity challenges. A solid voter ID law must be accompanied by other desperately needed reforms. A non-exhaustive list includes: uniformity in treatment of ballots from county to county; realistic and meaningful observation at ballot processing centers; the ability to object and/or appeal when ballot processing rules are not followed; signature matching or other verification procedures for mail-in ballots; clear guidelines on the permissibility and security of ballot drop boxes; consistent enforcement of bipartisanship in polling places; and allowing Pennsylvania voters to poll watch in any county, not just where they reside.
Passing some sort of voter ID law may seem like a valuable coup — garnering social media praise and quick headlines. However, unless it is packaged with true reform, Republican legislators will face a furious electorate — and put their own re-election chances in doubt. The fleeting euphoria of a voter ID law will quickly dissipate when Pennsylvania Republicans realize that the lack of parity in polling places in Democrat stronghold counties results in lax enforcement. And if Republicans give Democrats one or more of their sought-after goodies in exchange, voters will never forgive them. Fool Republicans once, shame on the Democrats. Fool Republicans twice, then they get what they deserve.
Linda A. Kerns, a Philadelphia attorney, served as the Republican National Committee’s 2024 Election Integrity counsel in Pennsylvania. You can reach her at @lindakernslaw.
Jesus Christ is King
Comments are closed.