High Court Hears Voter ID Arguments, Decision Pending

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Six months after it was signed into law, the Pennsylvania Supreme Court was hearing arguments over the state’s controversial new Voter ID law in its Philadelphia chambers.  The entire session was broadcast live, statewide via PCN TV. 

The appellants’ lawyer David Gersch argued that the new photo identification requirements violate Pennsylvanians’ right to vote by disenfranchising many and burdening others.  “On Election Day, if Act 18 is not enjoined, then voters will be faced with the serious threat of losing the right to vote,” Gersch argued.  “By contract, if the injunction is entered, the harm to the Commonwealth is negligible.”

Gersch contends Voter ID is no mere election regulation because it does not guarantee that all qualified electors will be able to get the identification they need to cast a ballot.  Gersch did, however, acknowledge that all Voter ID laws are not necessarily unconstitutional.  “The vice is not requiring photo identification; the vice is in requiring photo identification that people do not have, and have a hard time getting.”      

The appellants are seeking a preliminary injunction so that the status quo remains in place through the November 6th General Election.  A full trial on the merits of the statute would then be held at a later date. 

A Commonwealth Court judge has already denied the preliminary injunction, writing in his opinion that he sees no reason why Pennsylvania voters need be disenfranchised. 

The state’s lawyers stressed the findings of the lower court throughout their arguments, stating that the plaintiffs failed to show either that they will succeed on the merits of their claims or that they would suffer irreparable harm.  Attorney John Knorr also pointed out that all of the plaintiffs named in the lawsuit have either obtained a valid photo ID or have the means to do so.  “They couldn’t come up with one plaintiff, one actual human being, who would be harmed by this statute.” 

“Mr. Gersch said we should have a process in place so that everybody has the chance to get this ID, and we have that,” Knorr told the court as he praised the efforts of PennDOT and the Department of State. 

A panel of six justices must decide the law’s fate with just over 50 days to go until the election.  With one justice currently suspended, the court is comprised of three Republicans and three Democrats.  In the event of a deadlock, the Commonwealth Court decision would be upheld and the new photo ID requirements would be in place on Election Day.

Ask the Governor Returns on October 3rd

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Our next taping with Governor Tom Corbett is coming up on Wednesday, October 3rd. Please go to the “Ask the Governor” section of PAMatters.com to submit your question or comment for Governor Corbett. Please keep your questions or comments brief. Radio PA News Director Brad Christman reviews all questions before deciding whether or not to forward them to the Governor’s office for a reply during our program.

In the meantime, keep checking back for important news updates and more video with Governor Corbett.

Voter-ID Arguments Begin

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History is being made as the Pennsylvania Supreme Court opens its session today with arguments for and against Pennsylvania’s new Voter-ID law. In addition to considering a case that is receiving national attention, the high court is allowing its proceedings to be aired on live television on the Pennsylvania Cable Network.

Billing themselves as the oldest Supreme Court in the nation, dating back more than 300 years, PA’s justices are considering two major cases today: Voter-ID and the state legislative boundaries which were drawn, and then redrawn, during the redistricting process of 2011-2012. The Court overturned a previous legislative map in January, leaving this year’s elections to maps drawn in 2001.

Under the Voter-ID law, also known as Act 18, voters are required to present a valid photo ID at the polls before voting. Critics say it puts an undue burden on segments of the voting population. If the law is upheld, it will be in effect for the November 6th election.

Today’s session is also unusual in that one of the 7 Justices, Republican Joan Orie Melvin, has had to step aside to fight corruption charges. That leaves the court split 3-3 along assumed party lines, opening the door for a possible tie ruling. In that event, the Commonwealth Court ruling that refused to issue an injunction to block Voter-ID would stand.

PCN will be airing arguments in both cases throughout the day. The Supreme Court is meeting in Philadelphia for today’s session.

 

PA Supreme Court to Hear Voter ID Arguments

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Nearly a month after a Commonwealth Court judge rejected Voter ID opponents’ plea for a preliminary injunction, the state Supreme Court is prepping to hear oral arguments on appeal.  Governor Tom Corbett has read Commonwealth Court Judge Robert Simpson’s opinion, calling it well-reasoned.  “His opinion would have to be in error for [the Supreme Court] to overturn it,” Corbett said on Radio PA’s Ask the Governor program. 

With one justice currently suspended, the high court is comprised of three Democrats and three Republicans.  Corbett believes they will make their decision based on the law, not partisanship.  “That being said, as you know, if it’s three to three… then the opinion of Judge Simpson stands,” Corbett explained. 

PCN will provide live coverage of Thursday’s session in Philadelphia per a recent broadcast agreement with the Pennsylvania Supreme Court. 

As the state presses forward with voter education efforts and implementation of the Voter ID law, the NAACP is working to get people the photo IDs required to vote on Election Day through of series of statewide Voter ID clinics.  “We try to help work through all the questions, provide the answers,” says Pennsylvania Civic Engagement Coordinator John Jordan. 

Jordan says about 75% of the people who attend the clinics actually have a form of photo ID that meets the law’s requirements, but they are happy to identify and assist the other 25%.  The NAACP opposes the Voter ID law and is participating in the lawsuit, but Jordan says the group’s outreach efforts will continue as long as necessary. 

Complete details on what types of ID are to be accepted under the new law, and how to obtain one for free, can be found online. 

Gov. Corbett sees no reason for confusion this November.  “It has been in the newspapers, it has been on the radio, it has been on television, it has been on the Internet.  If you don’t know that you need to show up with photo ID, than I don’t know where you’ve been.”

Marcellus Shale

Impact Fee Raises More than First Estimated

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Most well drillers in the Marcellus Shale region have met the September 1st deadline for Pennsylvania’s new natural gas impact fee. The Pennsylvania Public Utility Commission has collected almost 198 million dollars from drillers, and estimates the final number will be closer to 206 million when remaining fees have been paid.

PUC Spokeswoman Jennifer Kocher says about 4% of drillers have not paid.  Most are smaller operations and some are disputing whether their production levels meet the threshold for the fee.  The final resolution of those disputes could affect the final amount collected.

The PUC hopes some drillers who have not paid may not have been fully aware of the deadlines for the new fee.  The commission is in the process of reminding them that the fee is due.

The legislature had projected 180 million in the first year of the fee.  60% of the money will be split among counties and municipalities hosting gas wells; the rest will be divided among state agencies that deal with drilling impacts.

Of the nearly 45-hundred wells that were affected by the impact fee, about 419 were vertical  and the rest horizontally drilled and subject to a higher fee.

PA Chamber: Poor Legal Climate Affects Job Growth

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More than a year after enactment of the Fair Share Act, a new study has renewed the battle over lawsuit reforms in Pennsylvania.  The US Chamber Institute for Legal Reform ranks Pennsylvania’s legal climate 40th among the 50-states; down six spots from the last Lawsuit Climate study.

“We’re looking to grow and make Pennsylvania attractive, and when Pennsylvania has such a bad litigation environment, businesses won’t come here and the jobs will go to other states,” says PA Chamber of Business & Industry VP for Government Affairs Sam Denisco.  “That’s problematic.”

With the Fair Share Act, Denisco says Pennsylvania is just starting to catch up with the rest of the nation.  He says the state needs further reforms in order to lead the pack.

The Fair Share Act was written to ensure that the percentage of damages leveled against a defendant, in civil lawsuits, does not exceed their level of determined responsibility.  It was touted as an economic development tool, but critics say it has not correlated to a single new job.

“They want to cap damages.  They want to have their cake and eat it, but they’re not going to pass it onto the Joe Consumer.  It’s just really to increase profits at the expense of the everyday person,” says Scott Cooper, President of the Pennsylvania Association for Justice.

Cooper tells Radio PA the Lawsuit Climate 2012 study is not worth the paper it’s printed on, saying it’s no surprise that business groups oppose the ability of individuals to sue their members.

However, the PA Chamber will be using the new report to strengthen its call for additional lawsuit reforms.  Denisco wants the General Assembly to pass venue reform, which would place limits on where civil suits can be tried.

Venue reform is another issue the Pennsylvania Association for Justice plans to fight when it re-emerges in the new session.  Cooper points out the existing legislation would only apply to personal injury cases, not business-to-business lawsuits.

No Easy Solution for PA’s Pension Woes

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Pension reform appears to be too big of an issue for the limited fall session, but it will be a priority for 2013.  “The pension crisis that we have is the tapeworm to the budget, and it will continue to get worse and worse if we don’t do something about it,” Governor Tom Corbett said on Radio PA’s Ask the Governor program.

State pension obligations increased by a half-billion dollars in the current budget.  “I think it’s another five or six hundred million dollars additional, next year, that we’re going to have to come up with,” Corbett says.  The number is projected to top $4-billion dollars in 2016, and Corbett says it’s all money that cannot go to other areas of the budget.

With the state pension funds on an unsustainable path, the Corbett administration will continue to be in contact with state lawmakers through the fall and into the New Year.  State Senate Republican Leader Dominic Pileggi (R-Delaware) calls pension reform one of the top two critical issues to be addressed early on in 2013.  “We will continue to try and work through the fall so that we can finish our work in the first quarter of next year,” he says.

Policymakers are tasked not only with stopping the increase in pension costs, but with paying down $40-billion dollars in existing unfunded liabilities.  There’s no silver bullet, but the Public Employee Retirement Commission is holding a series of hearings this fall to try to come up with a set of recommendations.  The panel met last week, and already has additional hearings set for September 19th, October 3rd and October 16th.