The Little Rock lawyer challenging the legality of Arkansas’ voter-identification law wants the presiding judge to bar the state from enforcing the identity requirements in next month’s statewide elections.
Ahead of a decision in the case, attorney Jeff Priebe on Tuesday requested that Pulaski County Circuit Judge Tim Fox bar voting officials from implementing the law that requires voters to produce a government- or college-issued photographic identification card before casting a ballot.
Early voting begins May 5 for the May 20 primaries and judicial elections, the first time the ID law will be used in a statewide election.
Supporters of the law say it’s an important protection against voter fraud and doesn’t impose any undue hardship, because qualified voters can get a free identification card through their respective county clerk’s office.
No hearing has been scheduled on the injunction. In a 20-page brief, Priebe argues his clients are entitled to a preliminary injunction barring enforcement of the law. He says their right to vote is in danger, because their votes will not be counted as they won’t be able to present the photo ID required by the law.
If the judge does not block enforcement of the measure before ruling on the lawsuit, the plaintiffs and others like them will have lost the opportunity to vote. That loss is an “irreparable harm” that cannot be fixed even though, in Priebe’s opinion, they will subsequently win the lawsuit, according to the pleading.
Priebe also argues that the injunction should be granted because the ID law, Act 595 of 2013, is so obviously unconstitutional that the plaintiffs are likely to win the case.
They argue the ID requirement is illegal because it expands voter qualifications beyond the four requirements - age, citizenship, registration and residency - described in the Arkansas Constitution. Legislators cannot add to the constitutional requirements merely by passing a law, according to the suit.
Backed by the American Civil Liberties Union of Arkansas and the Arkansas Public Law Center, Priebe sued last week to overturn the law passed last year in an overturning of Gov. Mike Beebe’s veto.
Priebe is representing three Pulaski County residents who say they don’t have birth certificates, which are necessary to obtain a photo ID to meet the standard. A fourth plaintiff has sufficient identification but refuses to use it to vote in protest of the law.
The four, Freedom Lynn Kohls, Toylanda Smith, Joe Nathan Flakes and Barry Hansen, submitted sworn statements to the judge Tuesday to affirm their difficulties in complying with the law.
None of the defendants - Secretary of State Mark Martin and the state Board of Election Commissioners - have responded to the suit beyond a request by Martin’s attorneys filed Tuesday for an expedited schedule to resolve the suit in time for the election.
Arkansas, Pages 11 on 04/23/2014