Will Pennsylvania voter ID ruling affect Minnesota? - KMSP-TV

What effect will the voter ID challenge in Pennsylvania have on voter ID in Minnesota? Watch FOX at 6 for a discussion.

On Tuesday in Pennsylvania, a state commonwealth court judge ruled the voter identification requirement will not be in place for the upcoming November election.

Judge Robert Simpson issued an injunction against provisions of the law that would keep people from voting if they don't have a valid photo ID. Those voters will not be required to follow an alternative procedure in which they would vote by a provisional ballot, and then prove their identity to county election officials within six days of the election. Instead, they will vote the same way as others with ID.

The judge said the Pennsylvania voter ID law could disenfranchise some voters -- and argued that even with five weeks until the election, some people would not have time to get photos IDs in order to vote.

Voters can still be asked for a photo ID at the polls, but can't be turned away for not having one.

The legal challenge will continue after the election.

Supporters of the voter ID law said it's necessary to prevent voter fraud, and a key state House Republican lawmaker predicted it would be critical to helping presidential candidate Mitt Romney win Pennsylvania. Opponents said it would result in qualified voters being unable to cast ballots that are counted.

If the voter ID amendment passes in Minnesota on Nov. 6, it too will likely face legal challenges here -- some seeking to strike it down entirely.

However, voter ID advocate Dan McGrath told FOX 9 News he believes the legal challenges which have delayed similar initiatives in states like Wisconsin, Texas and Pennsylvania will not be relevant here since the vote would change the Constitution instead of a law.

"I believe -- if the legislation is as clean as I expect -- the challenges won't hold up in court," he said.

Yet, Hamline University's elections law professor, David Schultz, isn't so sure. Though he thinks the amendment will pass, he said he would not be surprised if a federal judge decided to take action.

"I can just see a whole host of legal challenges under the federal Constitution that may stall voter Id from going into effect for a long time, potentially forever," he said.

If the amendment passes, the Legislature will need to work out the language of the bill and the exact implementation, which is sure to be a battle.

Currently, 30 states have some form of voter ID system in place. If enacted, Minnesota's would likely be one of the more strict photo ID laws in the nation.