Georgia Democratic Party Files New Lawsuit Against Photo ID Law

May 31st, 2008

On May 23, the Georgia Democratic Party filed a new lawsuit against that state’s law requiring voters at the polls to show a government photo-ID. The suit depends on the Georgia Constitution, which sets forth the requirements for anyone to vote. The Constitution just sets age, citizenship and residency requirements. The lawsuit charges that an ordinary statute that adds to those qualifications violates the State Constitution. Democratic Party of Georgia v Perdue, Superior Court, Fulton Co., 2008-cv-151081. Thanks to Ed Still’s VoteLaw blog for this news.

The original law had been declared unconstitutional by a federal court several years ago. The legislature had then amended the law so the state ID is free. Then, the federal court had upheld the new law. The new lawsuit, depending on the state constitution, does not include any plaintiffs except the Georgia Democratic Party itself. The Georgia Secretary of State, Karen Handel, a Republican, seemed outraged by the new lawsuit. She said it is “extraordinarily outrageous and frivolous.”

5 Responses to “Georgia Democratic Party Files New Lawsuit Against Photo ID Law”

  1. Gregg Jocoy Says:
    May 31st, 2008 at 11:51 am

    Maybe smaller parties should work together to target these (often elected) officials in charge of running (ruining) our democracy for defeat or removal if possible. Officials who see repression of minor parties as a part of their job need to get new work…preferably not as a judge!

  2. Jim R Says:
    May 31st, 2008 at 7:21 pm

    The Georgia Constitution says:

    Paragraph I. Method of voting. Elections by the people shall be by secret ballot and
    shall be conducted in accordance with procedures provided by law.

    Paragraph II. Right to register and vote. Every person who is a citizen of the United
    States and a resident of Georgia as defined by law, who is at least 18 years of age and not
    disenfranchised by this article, and who meets minimum residency requirements as provided
    by law shall be entitled to vote at any election by the people. The General Assembly
    shall provide by law for the registration of electors.

    The Photo ID is part of the provision for registration. Registration is meaningless without a means of verification.

    However, it would appear that State-mandated partisan primaries violate the right of the people to vote at any election, and the requirement that a voter indicate a party violates the right to a secret ballot.

  3. rahrah Says:
    June 1st, 2008 at 11:05 am

    haha what a joke…this new “ID” hmm yeah it sure is funny how everything like this gets rushed in right as fear sweeps in …more of shoved into everyone’s minds…Well good night and good fight America.

  4. John Galczynski Says:
    June 2nd, 2008 at 10:08 am

    The ID law imposes the will of the few upon the rights of the many. So, are you represented by this law?

    Perhaps it would be better to vote the Libertarian party candidate into office an not waste your vote. Let’s Super size congress to get representation or cut funding.

  5. John W Says:
    June 2nd, 2008 at 10:55 am

    the id law is to prevent fraud. Who could be against that?

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