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  1. #1
    Senior Member crazybird's Avatar
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    Judge Issues Restraining Order Ga ID law

    Judge Issues Restraining Order Ga. ID Law
    By SHANNON McCAFFREY, Associated Press Writer
    3 hours ago

    ATLANTA - With less than two weeks to go before the July 18 primary, a judge Friday issued a restraining order blocking Georgia's voter ID law, saying that requiring photos as proof of identity is an unconstitutional burden.

    Superior Court Judge Melvin Westmoreland said in a sharply worded written ruling that the Legislature doesn't have the authority to enforce the law and an amendment to the state Constitution would be required instead.

    The law, he said, "unduly burdens the fundamental right to vote rather than regulate it."

    The law requires that every voter who casts a ballot in person provide a valid, government-issued photo ID. The state made such IDs available throughout the state, but former Georgia Gov. Roy Barnes, a Democrat, argued in court Thursday on behalf of two residents that the law would keep poor, elderly and minority voters from the polls.

    Barnes said Friday he was pleased with the ruling.

    "I think what we heard today loud and clear is don't allow the vagaries of political partisanship to change the basic fundamental rights of our people," he said. "All this law did was create a bureaucracy and a burden to vote."

    The state plans to appeal the ruling to the state Supreme Court.

    "Democracy only works because people have trust in the integrity of the ballot box," said Republican Gov. Sonny Perdue, who signed the voter ID measure into law earlier this year. "I respectfully disagree with Judge Westmoreland, and believe that Georgia's law is not only constitutional, but a common sense, prudent protection of the election process."

    The 17 forms of identification _ some with photos and some without _ that had been allowed in previous elections can be used at the polls for the primary, Westmoreland ruled. Voters who lack one of those IDs can also continue to attest to their identity under oath, pending further court action.

    Westmoreland referred the case back to the trial judge in a case Barnes filed on behalf of two people who he said lacked the photo ID needed to vote. No further hearings were immediately scheduled.

    Georgia's Republican-led Legislature first adopted a voter ID law in 2005, but a federal judge blocked its enforcement, saying it amounted to an unconstitutional poll tax. Early this year, lawmakers amended the law to make the IDs free and to ensure they are available in each of the state's 159 counties.

    A separate, federal challenge to the voter ID law is also pending. Arguments in that case were scheduled for Wednesday.

    Copyright 2006 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
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    "Democracy only works because people have trust in the integrity of the ballot box," said Republican Gov. Sonny Perdue, who signed the voter ID measure into law earlier this year. "I respectfully disagree with Judge Westmoreland, and believe that Georgia's law is not only constitutional, but a common sense, prudent protection of the election process."
    This is exactly correct, except for the fact this judge does not deserve respect.

  3. #3
    Senior Member xanadu's Avatar
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    "Democracy only works because people have trust in the integrity of the ballot box," said Republican Gov. Sonny Perdue, who signed the voter ID measure into law earlier this year. "I respectfully disagree with Judge Westmoreland, and believe that Georgia's law is not only constitutional, but a common sense, prudent protection of the election process."
    And I agree with the good Governor too bad Arizonza doesn't have one.
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  4. #4
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    The law, he said, "unduly burdens the fundamental right to vote rather than regulate it."
    Just how is one "burdened" by proving he/she is an American Citizen?
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  5. #5
    Senior Member crazybird's Avatar
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    The only one's really burdened are the ones that shouldn't be voting anyway. And this was to be sure they couldn't.
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  6. #6
    Senior Member gofer's Avatar
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    in a case Barnes filed on behalf of two people who he said lacked the photo ID needed to vote.
    TWO people!!!??? This is totally off the wall INSANE. Why couldn't they just go get their FREE ID? Too much trouble? There is NO end to which some politicians will go to ensure they can insert as much fraud as possible into the system. It's obvious the Democrats want NO part in preventing voter fraud! I wonder who these TWO people are??? I wonder if these TWO people have EVER cashed a check, driven a car, used a credit card, bought booze....etc. They threw out the "poor" argument by making them available free., so what's the beef now??

    the law would keep poor, elderly and minority voters from the polls.
    The key here is "minority"......Someone please explain how being a minority prevents you from having a photo ID, especially since it's free?? I guess "poor" people don't have photo ID's either........elderly?? My father is 84 years old and he has a photo ID.

    The TRUTH is it PREVENTS dead people from voting, among other frauds. In a recent election in Memphis, over 200 dead people voted as well as people outside their district, etc. How can you possibly STEAL and election if you can't use voter fraud???? GEEZ!

  7. #7
    Senior Member loservillelabor's Avatar
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    Surely we won't have to wade through 1040's anymore. What a burden. Let's go to court.
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  8. #8
    Senior Member Dixie's Avatar
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    Here we are, back to the Bush - Gore race and all the last minute judicial BS. Delay it long enough and hope it goes away. Now they are going to have to appeal it, to a higher court but they have another way waiting in the wings, to stop it. I hope everyone recognizes the people that are pulling these legal stunts and what they really represent. It's not about protecting voters, it's about creating illegitimate ones.

    Looks like lots of un-Americans playing with the court system, trying to keep illegitimate voters on the rolls.

    If the judges had half a lick of sense, they would let them vote with the new law and if it was a close race, then deal with the legal wrangling. Don't delay the vote or turn down the new system because of whiners and the loss of fraudulent voters. Let all those legal citizens that will not be able to vote bring the suit, not some special interest group. How many voters have come forward and complained? I've heard only a few voters requested the special ID card, which were a product of BS law suits.

    gofer,
    They said the $20 fee to get the card would prevent people from being able to vote. So the gave them away to stop the frivolous lawsuit.

    Dixie
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  9. #9
    Senior Member Brian503a's Avatar
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    http://www.guardian.co.uk/worldlatest/s ... %2C00.html

    Ga. Appeals Restraining Order on Voter IDs

    Monday July 10, 2006 6:01 PM


    ATLANTA (AP) - Georgia's attorney general filed an emergency appeal Monday of a court order that blocks the state from enforcing its new voter photo identification law during next week's primary elections.

    The new law requires that every voter who casts a ballot in person produce a valid, government-issued photo ID. Elections officials had already distributed several dozen of the new voter photo IDs to people, primarily seniors, who don't have a driver's license, passport or other qualifying photo ID.

    Supporters say the ID requirement is needed to crack down on voter fraud. Opponents say it unfairly affects the poor, rural voters and minorities - people least likely to have a valid picture ID.

    Attorney General Thurbert E. Baker filed the appeal in Georgia Supreme Court on behalf of Republican Gov. Sonny Perdue, said court spokesman Richard Diguette.

    ``We're pleased it's moving forward,'' Perdue spokesman Dan McLagan said of the appeal. ``We can't for the life of us understand why the Democrats have been so hellbent on making it easier for dead people, felons and illegal immigrants to cast ballots in their primary.''

    The motion seeks to stay the temporary restraining order issued Friday by Fulton County Superior Court Judge Melvin Westmoreland.

    In his sharply worded ruling, Westmoreland said the voter ID law ``unduly burdens the fundamental right to vote rather than regulate it'' and would cause ``irreparable harm.''

    Former Gov. Roy Barnes had requested the restraining order, arguing before the judge Thursday that the law violates the state's constitution's guarantee of the right to vote.

    Barnes was not immediately available for comment Monday morning. A spokeswoman, Lane McCraw, said Barnes and other lawyers in the case were studying Baker's motion.

    ``At this point, we feel it is without merit,'' McCraw said.

    A federal challenge to the new law also is pending and arguments in that case are scheduled Wednesday in U.S. District Court in Rome.

    Georgia's primary elections are set for July 18.

    The Republican-led Legislature first adopted a voter ID law in 2005, but it was blocked by a federal judge who said it amounted to an unconstitutional poll tax. Early this year, lawmakers amended the law to make the IDs free.
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  10. #10
    Senior Member gofer's Avatar
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    it unfairly affects the poor, rural voters and minorities - people least likely to have a valid picture ID.
    Poor people, country people and minorities don't have driver's license. Now that makes sense!!???

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