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BLOG: The Laws of Jello

Thursday July 26 a forum on the Voter Id law's implementation was held at Montgomery County Community College (PA).  The forum, hosted by Commissioner Leslie Richards, gathered a wide range of people from various communities together.

Among speakers were representatives from disabled and homeless groups, voter services, the Department of State of Pennsylvania, civic groups and lawyers.  Regular folks were allowed to question and make statements after the panel's presentation.

(I am of the mindset the Voter Id laws may succeed in disenfranchising.  I put up a snarky web site (www.JoeTheNerd.org) selling T-Shirts that say I was disenfranchised by the GOP and all I got was this lousy T-Shirt. To promote my site I printed up a bunch of flyers.  Prior to the meeting I stood outside the room handing the literature out as if I were working the polls.)

The item that became crystal clear in the forum was - nothing is clear except the implementation of this law may kill the election process. 

One attorney spoke from the dais that she was worried that fights would break out as voters would be denied their opportunity to vote. Her message was violence at the polls is never acceptable.  On one level, I agree with her, but the irony of how many times we, as a country, commit violence in other places to secure 'democracy' was not lost on me.  If we are having to talk in a public forum about the real threat of violence at the polls, maybe that should be a clue that this is a really bad law and needs to be overturned for public safety concerns. (If you want to REALLY go down the rabbit hole, some places cancel elections on the threat of violence.)

The most interesting comment came from a judge of elections.  The judge of elections is the person in your neighborhood who runs the polls.  It will be his job to tell folks they won't be able to vote.  Judges get about $120 a day to run an election; usually twice a year.  For this they are subjected to all sorts of penalties if something goes wrong at their polling place.  Under this law, they are the ones who will look neighbors in the eye that they may have known for 20 or 30 years and tell them, "No, you cannot vote".  This particular judge wondered whether he would be sick on Election Day.   Actually, I think the judge is already sick of the idea that he will be put into this position.  It simply isn't worth the hassle of a ton of punitive rules AND the threat of violence.

The Judges are put into the position of trying to implement a law that no one knows the rules for.  Even Governor Corbett, the guy who designed and signed the law, has stated he doesn't know what forms of Id are valid.  If he doesn't know how to apply this law, how do we expect the neighborhood guy or gal elected to run an election to figure it out?

The speaker from the Pennsylvania Department of State related that they would be making all sorts of exceptions to the law in order to allow people to vote.  At one point, he stated that baptismal certificates would be used as an alternate form of Id to allow people to vote.  Can someone show me in the law that was passed "baptismal certificates"?  These guys are making it up as they go along.  The Department of State is creating The Laws of Jello.  They have put large numbers of voters at risk in the hopes of allowing a few people back into the game who have the time and resources to fight for themselves.

Some people have estimated that over $10,000,000 has been spent in attempting to implement this legislation.  Another fun fact revealed by the Department of State Representative was federal funds are being used to implement this 'law'.  If this law is shot down in the courts will the state refund the federal government?  With the federal government have to sue the State of Pennsylvania for malfeasance?

The off-the-wall nature of how this law has been constructed will make it impossible to call the winner of the election for Pennsylvania until at least a week following the election.  There is a potential for a large number of provisional ballots, those that may be allowed to be cast if you have questionable id.  These are held for 6 days following the election to allow the voter the opportunity to actually prove they are a citizen.  Even the idea of 6 days after the election was subject to confusion.  It was noted 6 days were not 6 business days, but 6 calendar days, but because Veterans Day, a holiday, lands on the 6th day, the sixth day will actually be the 7th day.  Also, there will be additional costs to implementing this law because county offices may have to remain open over the weekend after the election to deal with any voters' challenges.  Can anyone say hanging chad?

Those who wrote and implemented this law need to be held accountable.  If we are going to have this law, then we need to enforce it to the Nth degree - no exceptions, no making it up as we go along.  Knock this law down in the courts BEFORE the first ballot is cast.

Mike Shortall

9:53 pm on Saturday, July 28, 2012

Well, at least you were able to turn it into a nice little capitalist venture!

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truthsayer

5:17 pm on Sunday, July 29, 2012

Can someone explain to me why the Right to vote is different from the Right to keep and bear arms? If we were discussing gun rights and ownership, many would be calling for severe limits and restrictions to firearms.
Yet when we speak of voting, many of those same people speak out against showing a form of identification at the polling place?
Is the Constitution of the United States like a Chinese menu? You get to pick one from column A and one from Column B?
I know. It is simply that people want what they want, and don't want anyone to have that which they don't want. To quote Yakov Smirnoff..."what a country !".

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Joseph Finnick

9:24 am on Monday, July 30, 2012

The difference is easy: guns can be used to kill people, elections can't (at least in any conventional sense).

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Hammurabi

5:35 am on Tuesday, July 31, 2012

Great point. I guess it depends on who you are speaking to.

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Stephen Eickhoff

11:39 am on Tuesday, July 31, 2012

Votes choose who gets the power to kill you.

Dan Talbot

8:39 pm on Monday, July 30, 2012

Why aren't democrats ticked off about having to show their I.D. to buy an airine ticket? Could it be that national security is otherwise jeopardized? Isn't a fraudulent vote the same thing, namely, a threat to national security (that's why we have elections in the first place)? Why focus only on voting? Why is an I.D. wrong only in that case? If someone is a wetback or a deceased voter, an animal, or a felon, or a union member, how is verification of identity an "inconvenience"? And where do you find in the constitution anything that unburdens a citizen because of "inconvenience"? Voting OUGHT to be inconvenient. A quickie thoughtless vote is probably an ignorant vote. We need a literate and thoughtful voter if democracy is to survive.

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Montco Pa Dem

11:05 pm on Monday, July 30, 2012

Because unlike flying in an airplane (or buying liquor, or buying a gun, or any of the other examples that folks like to cite as supposed parallels), voting is THE basic, fundamental right of all Americans. The first three words of the Constitution aren't "We the Flyers"...and they aren't "We the Drinkers"...or "We the Shooters". The Constitution - and all the powers WE give to the government - come from "We the People," and the way that we express our collective ownership of this country and its government is through casting a ballot. And courts have always held that placing unnecessary roadblocks to discourage voting (such as the South's Jim Crow poll taxes) is simply not allowed. That's why I have complete faith that this monstrosity of a roadblock will be overturned by the courts long before we go to vote in November. If it is allowed to stand, I completely agree that there will be chaos and possible violence on Election Day.

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Joe The Nerd Ferraro

12:15 am on Tuesday, July 31, 2012

who says that I am not ticked off at an overinvasive government?

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Joseph Finnick

8:37 am on Tuesday, July 31, 2012

We also need voters in order for democracy to survive. Trying to say we need a "literate" voter makes it seem like you would want some sort of requirements before you vote (highly illegal). Voter turnout in the US is abysmal. This will only make it worse.

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Mike Shortall

11:18 am on Tuesday, July 31, 2012

Unfortunately, MontCoDem, the USSC has upheld the principle of photo ID for voters as a reasonable, unintrusive requirement (Indiana, 2008).

Interesting that you would throw in a reference to violence at the polls when it comes to a - thus far - constitutional law.

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Stephen Eickhoff

11:40 am on Tuesday, July 31, 2012

Actually, everything is a right of the people unless expressly prohibited through the Constitution or applicable state law (per the 9th amendment).

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Joseph Finnick

12:42 pm on Tuesday, July 31, 2012

Supreme Court has made mistakes in the interest of politics and is no where near infallible (Dred Scott, Citizen's United, etc.).

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Mike Shortall

1:30 pm on Tuesday, July 31, 2012

... the Affordable Care Act ...

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Joseph Finnick

1:44 pm on Tuesday, July 31, 2012

Not that I think the Affordable Care Act is unconstitutional, but I can at least appreciate the argument that it might be and who knows, maybe someday down the road it will be overturned and if it is it would just be another example of the Supreme Court realizing they were wrong.

truthsayer

11:08 am on Tuesday, July 31, 2012

"Because ..., voting is THE basic, fundamental right of all Americans".
Is the Right to vote more fundamental than all other Rights?
Montco PA Dem believes it is, apparently. I did not realize the Constitution gave different weight to each Right.
It is interesting to me to see how people have very different interpretations of Constitutional Rights, and how they want to impose their interpretation upon all others. If all men and women are created equal, why do some have a "more equal" voice than I ?
And why are my Rights less important than some unidentified "disenfranchised" person? As an American citizen who has worked for 38 years and paid taxes, and met all legal (and moral) requirements of society, I have no problem with the legislation.I want to protect the Right to vote, and I don't find the requirement to show ID any worse than having to register to vote. In order to legally assert my Second Amendment Rights, I have to produce ID, and undergo investigation.
I hear many claim that healthcare is a Right ( I disagree ), yet you will have to show ID to obtain medical care.
It seems those who are concerned about the constitutionality of this legislation, are not so concerned about many of our other Rights. But then again, apparently, the Right to vote is "more equal" than the other Rights.
Welcome to Animal Farm.

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Joseph Finnick

11:12 am on Tuesday, July 31, 2012

Well that was a wildly speculative argument. I don't think anyone said any of the things you claimed (aside from the quote, which can be argued because democracy needs the right to vote.. making it the basic fundamental right) and many of your assertions are just plain wrong.

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Joe The Nerd Ferraro

11:21 am on Tuesday, July 31, 2012

if you are able to vote -
you are the pig on the animal farm - with more influence than someone who's right has been diminished.

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truthsayer

9:30 am on Wednesday, August 1, 2012

Mr. Ferraro, do you personally know someone who will be forbidden to vote, because they lack some form of acceptable identification? I don't mean someone who merely refuses to show ID as a form of protest, but someone who is referred to as truly being "disenfranchised"? Someone that is at risk of being denied their Right to cast a vote?
I read the arguments against the legislation, but I only see vague references to some "sector" of the population that would be denied access to casting a ballot.
As you strongly believe the legislation is bad, and felt compelled to write about it, can you give me a specific example of someone you know, who is at risk?
At this time, the only thing I take away from your post is that you dislike those who drafted the legislation, and that seems to be the position of many who stand against it. If there is a legitimate threat to our Right to vote, I would very much like to hear it.

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Joseph Finnick

10:05 am on Wednesday, August 1, 2012

Look up the people who filed the lawsuit against the state. They have been denied their right to vote.

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truthsayer

10:08 am on Wednesday, August 1, 2012

@ Mr. Finnick... I'm not sure how my post was "wildly speculative" and exactly what I was asserting, other than offering an observation and opinion. If someone suggests that it is wrong or unconstitutional to require ID be shown at the polls, why would they not argue the same for the requirement as it pertains to the Second Amendment? Previously, you stated it has to do with the lethal potential of guns, but hands kill, cars kill, baseball bats kill, etc. so I am unable to make the connection that you tried to illustrate.
Nor do I understand where I am "just plain wrong". I welcome the opportunity to hear how you believe I am wrong. Since you would put forth the argument that the Right to Vote supercedes all other Rights, I would countert that the Right to defend against a government that becomes oppressive is equally important, and as we have seen throughout history, sometimes we cannot defend against such a government by simply voting.
I would "assert" that all our Rights are equally important. And unfortunately, as we become a society of increasingly dependent and irresponsible people, modifications are made to our Rights, in order to keep the Rights relevant to the times. We see an incredible influx of illegal aliens into our country. There are cities in our country that have given them a vote in local elections. I believe that is wrong, and I suggest we keep them from diminishing the Right that you and I have earned, as American citizens.

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truthsayer

10:34 am on Wednesday, August 1, 2012

I did as you suggested, and found differing stories in the media.
Several stories state the lawsuit was filed by the ACLU, the NAACP, and other groups. Other stories list the ACLU, the Advancement Project and the Public Interest Law Center of Phila, but don't list the NAACP.
Further, some stories say the lawsuit was filed on behalf of 93 y/o Viviette Applewhite, who states her purse which contained her ID was stolen, and she fears she will be unable to replace it in time to vote. Other stories say she has never had a drivers license, and will be unable to vote.
I can continue to search for the facts, as they probably exist somewhere, but has she been denied the Right to vote? As far as I have learned, she has not been denied the Right to vote, as it pertains to this legislation.
And I would like to ask Ms. Applewhite if she receives social security benefits, medicare benefits, visits a doctor, if she rents or owns her own home, if she has a bank account, and how she attained any of these things, or went through 93 years in this country without some form of identification?
Who exactly has been denied the Right to vote? The law hasn't even been applied to an election in PA yet, so how did this legislation deny someone the Right to vote?
I am just seeking answers that some of you seem to have, but don't seem to want share.

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Joseph Finnick

11:03 am on Wednesday, August 1, 2012

Your post was wildly speculative because you take one argument about the right to vote and then apply it to other random rights from healthcare to purchasing guns. You also just assume that because people are concerned about the right to vote that they are unconcerned with other rights and that your rights are somehow less important than others (this is probably the most wildly speculative part of your post).
Guns make it easier to kill than all of the other weapons you mentioned, don't be silly.
Also, no one is trying to take your guns, so chill a bit. You should show your ID for guns because they need to be registered to specific people (you know, so you can safely have those guns instead of them ending up in the hands of people who are not stable enough for firearms).
You don't have to show a photo ID for healthcare (I never have) and if you have been going to the same bank your whole life and have the correct numbers or just use an ATM you do not need ID for that either.
How the woman came to not have ID does not really matter. What does matter is that she does not have it and due to her moves, she will be most likely unable to obtain a birth certificate in time for the election. This seems an unfair burden to place on certain parts of the population (especially on such short notice). This also adding to the fact that there have been no voter impersonation cases in PA and absurdly few in the US as a whole and that those parts would vote Democrat makes this wrong.

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truthsayer

12:32 pm on Wednesday, August 1, 2012

Thank you for your reply. While you and I will continue to disagree on this matter, it does create discussion from varying viewpoints, and perhaps gets others thinking about these issues.
To address some of your examples, let me say that I am asked for identification once a year when I go to my doctor's office. It is done so as a measure to guard against insurance fraud. I don't know how much insurance fraud may be occurring in my doctor's office, but they do ask for it. Would they deny me the visit to see the doctor if I didn't have it? I don't know, but they do ask for it.
I have been using the same bank for 20 years, and they ask to see my driver's license at least every 4 years, when the license is renewed. They do this to guard against theft. Again, would they deny me access to my account? I don't know, but
as a responsible member of American society, I have the necessary items that I would need, in order to conduct business in our country.
I guess some believe this legislation was enacted to stop a large block of Democratic voters from voting. Others believe it was enacted to stop illegal aliens from voting and to reduce the potential for voter fraud. I guess there is little room for compromise.
I will add that, yes, there are many in this country who are afforded more Rights than me. Many laws are written to protect the Rights of some, versus others. I am not a "protected class" of citizen.
It makes you wonder if you and I are living in the same country.

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Joseph Finnick

1:01 pm on Wednesday, August 1, 2012

I would like to thank you as well for your thoughtful and civil post (something I usually find lacking on Patch).

You and I fundamentally disagree on this issue and on our rights in general.

You see this issue as safeguarding the voting process from those who are not citizens. I see it as a way to keep Democrats from voting.

You see the regulation of guns as interfering with your Constitutional rights. I see it as a way to ensure the safety of the population.

I understand your views and while I think they are somewhat valid because who would want non-citizens voting and who would want to take away our guaranteed rights, I do not agree with them.

I fear we will never come to a consensus, but at least we can speak about this in a civilized manner and at least listen to what the other is saying. When people stop listening to others, that is when nothing in this country will ever get done and it will be left to rot.

Stephen Eickhoff

11:44 am on Tuesday, July 31, 2012

Are we supposed to use potential violence as a reason a law should be overturned? This just means that every time Occupy doesn't like something, they can show up to protest and in the interest of avoiding violence, it will be given to them. Occupiers don't like your company? Turn it over to them. Occupiers don't like your religion? Your place of worship is shut down. In case you still don't get it, it also means that if an anti-abortion group doesn't like your abortion clinic, when they show up to protest it gets shut down.

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Joe The Nerd Ferraro

11:59 am on Tuesday, July 31, 2012

no - talking about the potential for violence is showing how wrong the law is.

how do we define a free country if security forces have to deployed in order to have a violence-free election?

Stephen Eickhoff

1:05 pm on Tuesday, July 31, 2012

Well, I'm planning on showing up and peacefully showing my ID in compliance with the law. I choose not to be violent.

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Roman Gabriel

2:10 pm on Tuesday, July 31, 2012

I will have my ID on election day so that we can vote out the do-nothing, invisible, career Phila politician Allyson Schwartz.

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Mallison Schwartz

4:14 pm on Tuesday, July 31, 2012

Right on Roman. Schwartz has got to go !

Joe The Nerd Ferraro

9:59 am on Thursday, August 2, 2012

Truthsayer asked:
"Mr. Ferraro, do you personally know someone who will be forbidden to vote, because they lack some form of acceptable identification?"

A Freedom of Information Request to the state for the list of 759,000 people will reveal that information.

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Mike Shortall

10:08 am on Thursday, August 2, 2012

Unfortunately that list is so full of inaccuracies, it cannot be relied upon. The systems used to compare the two lists could not even distinguish between various uses of spacing, hyphenation, even the ubiquitous Mc and O' surname prefaces threw it for a loop.

So even names like W. Wilson Goode, Jr and his son The III were on the list, along with four Philadelphia Councilmen and the old Veterans Stadium "drunk court judge" McCaffrey all appeared on the list. And each one had possessed the proper photo ID for YEARS!

I think you need to ask for a better list! It would undoubtedly be A LOT SHORTER than 759,000 people.

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Joe The Nerd Ferraro

10:48 am on Thursday, August 2, 2012

If you are going to use PennDOT to determine voting - that is a BIG problem.

I agree the lists need to be cleaned - but that should be independent of the Voter Id bill.

This was a purge to kill the Democrat's ability to get out the vote.

I am hoping for a large backfire.

Curmudgeon

10:10 am on Thursday, August 2, 2012

When the Federal Government, ie: the Obama Administration, Justice Dept, HHS et al decide to not enforce laws, change them w/o Congress' authority, it becomes easier for others not to follow laws they don't like. Some Election Judges in the Phila. area have said they will not enfore the PA ID law. Those that do should be prosecuted to the full extent of the law!! Maybe make all those votes provisional until ID can be verified. Just remember there are laws others don't like, and they may choose to ignore them.

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Joe The Nerd Ferraro

10:51 am on Thursday, August 2, 2012

Dude,
What laws are you talking about - or are you deflecting?

Think about it.
You get paid $120 per day twice a year to be an enforcer of a law designed to disenfranchise people?
You want to take these people's conscientious objection away from them?

Wow - sign me up to get prosecuted.

Curmudgeon

1:22 pm on Thursday, August 2, 2012

Dude:
Yesterday on the Dom Giordano show, he interviewed an election judge who said he would not enforce the voter ID law. Mr. Giordano cited other Election Judges who said they would do the same. Deflection??
Yes, I would take thier conscientious objections away from them, they took an oath to enforce the laws. If they can't do it, I respect that, but they need to resign.
When you need a cop, and he shows up and refuses to help you because he objects to helping asshole, you'll change your mind, maybe.

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Kyle Allebach

1:33 pm on Sunday, August 5, 2012

They should solve this problem at the registration process, not the voting process.

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