Posted on 07/08/2006 4:36:44 AM PDT by DumpsterDiver
Background article: Former Gov. Roy Barnes battles voter ID legislation(Georgia)
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.
Hey Judge, what does REGISTERING to vote do then? What an idiot. Another example of an out of control judge imposing their emotional whimsy on the law.
I have to show a photo ID to play golf at my local muni course.
I'M GETTING A LAWYER!!!!!!
Judge Melvin Westmoreland is running for re-election and is unopposed.
"Critics accuse the Nezhats of performing a bizarre and dangerous medical experiment
on the rectums of vulnerable female patients
and of falsifying data reported in medical journal articles....
While the records remain sealed, medical experts hired by Mullen's legal team
to review the documents have written Judge Westmoreland expressing
their concern about what the records contain, and urging
that they be unsealed, in the public interest. .."
http://pview.findlaw.com/cmd/profileview?wld_id=1264376_1&channel=&print=1#position
Hon. Melvin K. Westmoreland
Firm: State of Georgia, Superior Court, Atlanta Judicial Circuit
Address: Fulton County Courthouse
136 Pryor St., SW. Room C-155
Atlanta, GA 30303
Phone: (404) 335-2570
Fax: (404) 335-2865
E-mail: Contact Us
Web site: http://www.fultoncourt.org/
What an absolute moronic finding! So photo ID is unconstitutional? What about Drivers Licenses? What about Passports? What about workplace ID badges? The purpose of all of these photo IDs is to identify the person holding the photo ID. It seems rather stupid beyond incredible that such a finding would be put forth by someone with a brain that works. These people are corrupt and/or they have a mental disorder! We are dealing with very sick people here!
I've been a poll manager here in South Carolina. We'll accept several kinds of ID, but most voters present their photo ID drivers license. And South Carolina offers non-drivers an ID with photo.
Damned judges legislating from the bench. Been going on waaay too long!
I wonder what kind of ID is required to get a fishing/hunting license in GA? Do you have to jump through more hoops to get a fishing/hunting license than you do to vote?
Yes indeed. And where does he get this 'unconstitutional' shit? When our Constitution was written, most citizens couldn't even vote! It must be written in the looney constitution that resides in the judge's head.
Let me guess his Honor's reasoning: "It is better to let 1000 fraudulent votes get counted than to prevent voter fraud by reasonable means."
Driving is not a right, but don't get stopped by the police without your PICTURE ID.
What more can anyone say? At least there is the appeal to the Georgia Supreme Court. And GA ins't CA.
I live in NYS. We've never been asked for ID at a polling place.
.....Another example of an out of control judge imposing their emotional whimsy on the law.....
The judge is not out of control. To the contrary he is under control of Rat politicians who pulled his string to make the ruling.
The ruling is a sure sign of Rat fear about election reform
(sorry for the FReepmail....pressed the wrong button)
Hey Eeeevil, You might find this thread of intrest.
http://www.sos.state.ga.us/ELECTIONS/elections/candidate_information/offices_filled_2006.pdf
FYI. On Page 5 his Judgeship is listed as an elected postion and as being on the ballot this year.
If you request a ballot, it will be sent. If you mark it and mail it in, it will be counted (twice if you vote Dem. lol).
Thanks. How do they ensure there's no voter fraud using that system?
I believe the primaaries are in 2 weeks. The dems NEED this last opportunity to get in as much voter fraud from dead people and ILLEGALS as they can.
Then filling out registration forms and sitting through a waiting period "unduly burdens" my Constitutional right to bear arms, right Judge?
Ping.
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