Judge tosses voter photo ID challenge
The Atlanta Journal-Constitution
Published on: 07/10/08
Georgia voters must present a government-issued photo ID when casting ballots at the polls in Tuesday's primary elections, a judge ruled Friday, rejecting a request to temporarily halt enforcement of the controversial ID law.
The Georgia Democratic Party, which is challenging the law, had asked for a temporary restraining order from Fulton County Superior Court Judge Tom Campbell.
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"After considering the evidence and balancing the harms alleged by each party, the court finds that the plaintiff has failed to meet the legal standard for the granting of a temporary restraining order," Campbell wrote in a two-page order.
During a hearing before Campbell on Thursday, Secretary of State Karen Handel testified there would be "mass chaos" at the state's 3,000 precincts if the judge were to grant the party's request so soon before the July 15 primaries.
"I applaud Judge Campbell's ruling to deny the Democratic Party's frivolous motion to block the use of photo ID in the general primary election," Handel said in a statement issued Friday. "Photo ID has been implemented without incident in eight elections, including the presidential preference primary that featured record voter turnout."
The state Democratic Party's lawsuit contends the photo ID law violates the Georgia Constitution by imposing an unauthorized qualification on the right to vote. It also claims the law places an illegal, undue burden on poor, disabled and minority voters.
Emmet Bondurant, a lawyer for the party, said Friday he was not surprised Campbell ruled the way he did, given how close it is to the primaries. But Bondurant expressed satisfaction that Campbell found that the Democratic Party had standing to bring the lawsuit.
Bondurant said the party will now move toward obtaining a permanent injunction, barring enforcement of the law. "Hopefully this will all get done before the November elections," he said.
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