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PA: Week in Review – Court to rule on how your vote should count

By   /   September 14, 2012  /   2 Comments

By PA Independent Staff

HARRISBURG — How much does your vote really matter? A pair of Pennsylvania Supreme Court hearings this week will make that determination.

The state’s controversial voter ID law found support from Republicans who argued before the justices that it is needed to counter potential voter fraud, while opponents said it will disenfranchise some voters.

The Supremes also heard arguments about the newly revised General Assembly district maps. Opponents say the largely Republican-drawn maps are designed to protect incumbents rather than represent voters, while supporters said redistricting is an inherently political process.

Supreme Court hears voter ID case

The state Supreme Court is expected to decide on whether Pennsylvania residents must show a photo ID before voting.

The Pennsylvania Supreme Court has to sort out a bit of a mess before deciding whether to uphold Pennsylvania’s controversial voter ID law.

The eight plaintiffs — who are seeking an injunction to prevent the law from taking effect before the Nov. 6 election because thousands of Pennsylvanians couldn’t obtain the necessary identification in time — possess the required photo identification or other documentation the new law requires to vote.

No matter, say their attorneys, because the law could still disenfranchise about 100,000 other Pennsylvanians who do not have those credentials.

“The vice is not in requiring photo identification, the vice is in requiring photo identification that not everyone has or has the ability to obtain,” David Gersch, an attorney for the challengers, told the Supreme Court during oral arguments on Thursday in Philadelphia.

Meanwhile, attorneys for the state — who are defending a law aimed at preventing voter fraud — have said they cannot provide any examples of in-person voter fraud occurring in Pennsylvania.

No matter, they say, because the law is within the constitutional authority of the General Assembly.

While the right to vote is fundamental, voting cannot take place without state regulation, and fashioning that regulation is the legitimate role of the General Assembly, said John Knorr, representing the state Attorney General’s Office.

Commonwealth Court Judge Robert Simpson upheld the voter ID law last month. That ruling was appealed by the plaintiffs.

Legal observers expect a quick ruling from the high court, though a vacancy on the bench could result in a 3-3 deadlock if all justices vote on party lines. In that case, the law would be upheld, because a majority is required to overturn the lower court ruling.

Revised redistricting plan also goes to Supreme Court

Lawyers representing Pennsylvania’s bipartisan redistricting commission argued Thursday before the state Supreme Court in Philadelphia that their new proposal for state House and state Senate districts doesn’t have to be perfect — just good enough.

This is the revised map for the state Senate districts.

More than eight months after the state’s high court sent the commission back to the drawing board in January to rework its proposed district maps, justices heard a new round of arguments on the revised plan.

Opponents argued that the redistricting commission’s revised plan still falls short of constitutional standards by dividing counties and municipalities to produce districts giving political advantages to one party.

Attorneys for the state said they did not have to produce a map that was necessarily better than any alternative designed by the public — in fact, they argued the political process inherent in redistricting made it impossible to do so.

Joseph Del Sole, the lead attorney for the commission, said the key difference is the commission is a political body consisting of members from both parties that has to seek consensus on maps.

Natural gas fee collects $200 million in 2011

A report released Monday by the state Public Utility Commission shows Pennsylvania is set to collect more than $200 million in retroactive fees from natural gas drillers who operated in the state during 2011.

The commission is charged with collecting and distributing the impact fee approved by state lawmakers in March. Counties and local governments will claim about 60 percent of the drilling fee revenue, but those totals will not be finalized until Dec. 1.

The commission has collected about $197 million so far, but has more than $8 million in outstanding payments.  The impact fee revenue for 2011 is about $26 million higher than the $180 million the state estimated when the fee structure was passed in March.

Local governments can use their impact fee dollars to fund transportation projects, water and sewer projects, emergency preparedness and local tax reductions.

The state will divide its share of the bounty among infrastructure, water, sewer and environmental projects.

Washington County Commissioner Larry Maggi said he was “pleasantly surprised” by the higher-than-expected revenue.

“Government has a habit of overestimating, so we didn’t expect that,” he said.

Report: Capital city to be out of cash by November

The city of Harrisburg, burdened by more than $1.5 billion in debt, may not be able to make payroll by November, the Harrisburg Patriot-News reported this week.

Harrisburg may not meet its payroll by November.

William Lynch, the city’s state-appointed receiver who oversees all financial decisions, said Harrisburg would skip a $3 million payment on outstanding bonds next week.  Even so, the city’s cash will run out before the end of the year, he said.

The city has $4 million in cash, but an expected year-end budget deficit of more than $11 million.

In August, Commonwealth Court Judge Bonnie Leadbetter ordered Harrisburg City Council to double the income tax on city residents — raising the tax rate from 1 percent to 2 percent — in order to pay for basic services like trash pickup and firefighters.

The City Council has not passed the tax increase, which would generate an estimated $1.7 million during the remainder of 2012.

Contact Eric Boehm at Eric@PAIndependent.com and follow @PAIndependent on Twitter.

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Eric is a reporter for Watchdog.org and former bureau chief for Pennsylvania Independent. He lives in Minneapolis, Minnesota, where he enjoys great weather and low taxes while writing about state governments, pensions, labor issues and economic/civil liberty. Previously, he worked for more than three years in Harrisburg, Pennsylvania, covering Pennsylvania state politics and occasionally sneaking across the border to Delaware to buy six-packs of beer. He has also lived (in order of desirability) in Brussels, Belgium, Pennsburg, Pa., Fairfield, Conn., and Rochester, N.Y. His work has appeared in Reason Magazine, National Review Online, The Freeman Magazine, The Philadelphia Inquirer, The Washington Examiner and elsewhere. He received a bachelor's degree from Fairfield University in 2009, but he refuses to hang on his wall until his student loans are fully paid off sometime in the mid-2020s. When he steps away from the computer, he enjoys drinking craft beers in classy bars, cheering for an eclectic mix of favorite sports teams (mostly based in Philadelphia) and traveling to new places.

  • http://www.facebook.com/thinksink.sing Thinksink Sing

    My only question is…what is the big hurry? Why not allow the voter id laws to take effect beginning 4-5 years from now ? this would give everyone ample time to get the id and will give a reasonable amount of notice to voters and the state employees who will have to process all of those applications for photo identifications.

  • http://www.facebook.com/thinksink.sing Thinksink Sing

    LET’S…. SLOW…. THIS…. DOWN…

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