LITTLE ROCK, Ark. — An Arkansas judge on Thursday blocked a voter ID law that’s nearly identical to a measure the state’s highest court found unconstitutional about four years ago.
“Plaintiff is faced with the choice of complying with the unconstitutional requirements imposed by (the voter ID law) or not having his ballot counted during the May 2018 preferential primary,” Gray wrote. “The court finds that this is not really a choice at all, and that irreparable harm would result to plaintiff in the absence of a preliminary injunction, as his ballot will not be counted.”
The revived voter ID law, which would require voters to show photo identification before casting a ballot, was passed by the Republican-led Legislature and signed into law last year. It’s aimed at addressing an argument by some state Supreme Court justices that the 2013 law didn’t receive enough votes in the Legislature to be enacted. The court’s majority ruled the law violated the Arkansas Constitution by adding a new requirement in order to vote.
Four of the justices who struck down the 2013 law are no longer on the court, and one of the new justices is a former Republican state legislator. The three justices who said the 2013 law didn’t get the two-thirds vote needed to change voter registration requirements remain on the court.
Thirty-four states have laws requiring or requesting that voters show some form of identification at the polls, according to the National Conference of State Legislatures. Arkansas’ new law took effect in August and has been enforced in several local elections. The May primary is the first statewide election where the measure would have been enforced.
The new law was one of two steps the Legislature took last year to revive the voter ID requirement. Lawmakers also voted to put a proposed constitutional amendment on this November’s ballot that would further enshrine the voter ID requirement in Arkansas law.
Under the new law, officials would have had to provide photo identification to voters free of charge if they didn’t have any other photo ID. Voters without a photo ID could have cast provisional ballots if they signed a sworn statement confirming their identities.
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