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Corbett dings Obama over Voter ID probe

Published by Tim McNulty on .

During a press conference in Downtown Pittsburgh today, Gov. Tom Corbett lashed out at the Obama administration over its probe of Pennsylvania's Voter ID bill, without addressing questions the Department of Justice raised in a Monday letter to the state's top election official.

On Monday Assistant U.S. Attorney Gen. Thomas Perez sent Carol Aichele -- who oversees Pa elections as head of the Department of State -- a letter seeking information on the state's new voter ID law concerning its compliance with Section 2 of the Voting Rights Act, covering discrimination by race, color or minority status. Asked about the probe -- which included questions about previous, and since undermined, statements by the governor that 99% of the state's registered voters had ID -- Mr. Corbett denied receiving the letter and said the Obama administration was manipulating the media.

"If it reached my desk they would have told me it reached my desk. The Department of Justice in Washington is again doing things -- and this administration again doing things -- through PR rather than the way I remember the Department of Justice doing things when I was part of it," the former U.S. Attorney in Pittsburgh said.

Asked if the letter rather went to Aichele, he said "the last I heard my Secretary of State had not seen the letter yet. Let's put it this way -- it made it to you in the media before it made it to us. I have a problem with that."

The governor's comments came the same day that the AFL-CIO released new data -- compiled by the same Department of State -- saying there are some 1.6 million registered voters statewide who either don't have a PennDOT ID or whose ID will be expired as of November 2011, rendering it unacceptable for voting this fall. That would knock out more than 40 percent of voters in Philadelphia and 20 percent in fellow Democratic stronghold Allegheny County.

Officials at the state cautioned that many in that total could have re-validated their IDs in the weeks since the latest dataset was produced, and it would not account for those with mispelled names or carrying other valid IDs such as passports, military, nursing home or state university cards with expiration dates.

The state has issued letters to the 758,000 registered voters absent from the PennDOT rolls and will mail all registered households with VoterID info in the fall. While questioning whether all 1.6 million on the AFL-CIO list were without acceptable ID, Department of State spokesman Ron Ruman said "from our standpoint whether the number is one voter or 100,000 or 1 million we're going to let everyone know the law exists. That’s what our position has been from day one."

The county/statewide breakdown of the state data by the AFL-CIO is below:

{Jscribd document_id:=101064456 access_key:=key-222d105os4vj3hsnonq7 viewmode:=List h:=500 w:=458}

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Judge: Melvin on "fishing expedition"

Published by Tim McNulty on .

From the main site:

An Allegheny County judge today found in favor of a number of court administrators who had sought to have subpoenas issued by suspended state Supreme Court Justice Joan Orie Melvin quashed.

Justice Melvin requested the records from the Superior and Supreme courts for her preliminary hearing on nine counts that she misused her court staff to run election campaigns for the high court. It is scheduled for Monday.

Judge Jeffrey A. Manning wrote in his nine-page opinion that much of the evidence being sought would be used to impeach witnesses' credibility, which isn't relevant in a preliminary hearing.

"It is clear from the broad and reaching scope of the request for production for documents attached to the subpoenas issued to Justice [Max] Baer and the administrative employees that the defendant is seeking impeachment evidence," he wrote. "The subpoenas represent the proverbial 'fishing expedition' where the defendant hopes to locate, in this large volume of material, some evidence that might be helpful in presenting a defense to the charges."

Judge Manning also quashed a subpoena to Judge Kevin Sasinoski, whose wife was Justice Melvin's chief law clerk on the Superior Court and who is a key witness against her. Lisa Sasinoski later went on to work for Justice Baer, who defeated Justice Melvin for the Supreme Court in 2003.

As part of his opinion, Judge Manning also refused to recuse himself from the matter.

"The defendant has pointed to no facts that would suggest that this court is not capable of addressing the matter pending before it in a manner consistent with the dictates of the Canons of Judicial Conduct," he wrote.

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PPP: Obama leads Romney by 6 in Pa

Published by Tim McNulty on .

The left-leaning Public Policy Polling has a new Pa survey out showing Barack Obama with a 6-point lead over Mitt Romney in the state, a tad less than the 8-point lead the Democrat enjoyed in their last poll in May.

Obama leads the Republican presidential contender 49-43% largely due to a big lead with women and holding his own with white men. But his approval numbers are still underwater. From PPP:

Despite his lead Obama's approval numbers in Pennsylvania continue to be a little bit worrisome. Only 46% of voters approve of him to 50% who disapprove. His numbers are better in Michigan where he has a 51% approval rating to 44% who are unhappy with him. Romney continues to have personal likability issues in both states. In Pennsylvania his favorability rating is 39/51 and in Michigan it's 38/55.

The automated poll of 758 Pennsylvania voters was conducted between July 21st and 23rd with a MoE of +/-3.6%.

More results here.

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New front in Voter ID battle

Published by Tim McNulty on .

Fights over Pa's Voter ID bill get a lot more serious today with the opening of legal arguments in Commonwealth Court -- the state appellate court that deals with government/election issues.

Karen Langley previews the proceedings today, including the stipulation that there will be no evidence presented of election-day voter fraud (and related arguments on what that means):

"What you're not going to hear about very much is voter fraud in this case," said Jennifer Clarke, an attorney for the challengers and executive director of the Public Interest Law Center of Philadelphia.

Nils Frederiksen, a spokesman for the attorney general, declined to comment on the July 12 stipulation. But in court filings, attorneys for the state argue that legislators need only a conceivable purpose for the legislation -- not known cases of voter fraud -- for the law to meet its constitutional burden. They also write that the opponents have shown no credible reason that people without an acceptable ID cannot obtain one in the three months before the election.

"Voting, like so many other constitutionally protected activities, does not occur without each person sharing the responsibility to exercise that right," the brief says.

You can follow Karen's updates (where court rules allow) here on Twitter. Here's the decorum order posted by Judge Robert Simpson, a Republican who joined the court in 2002:

Order Filed 07/24/2012
Simpson, Robert E.
Document Name: DECORUM ORDER AS AMENDED : It is ordered and decreed as follows: Seating for preliminary injunction scheduled to begin on Wednesday, 7-25-12, 10:00 am, CR 3002 on the third floor of the PJC shall be limited to 108 persons in the gallery on a "First come, first seated" basis. There will be no reserved seating. Additional seating will be available for hearing on Petitioners' Motion another 108 persons in the gallery of CR 3001, where the proceedings will be viewable through live audio and video feed. No electronic devices may be used in the courtrooms during the hearing, except those used by the Court and by the attorneys representing parties in this suit. No laptop computers or backpacks will be allowed in either courtroom. Cell or smart phones may be carried into the courtrooms, but must be turned off at all times. A media room shall be available on the first floor of the PJC. See order filed. No cameras will be allowed inside the PJC at any time during the hearing. See order filed. The courtrooms will be unlocked and available for seating approximately 30 minutes before the opening of court. See order filed.

Pittsburgh religious leaders will protest the bill at a 1 p.m. rally at Freedom Corner (Centre & Crawford) today in the Hill District.

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CP: Another take on AG & voter fraud

Published by Tim McNulty on .

Chris Potter at Pittsburgh City Paper has a different take on the stipulation from the state Attorney General's office stating it has no evidence of election day voter fraud.

Chris notes the AG has only admitted it won't argue the matter in court, and he goes to other court filings to show the state indeed believes fraud exists:

As the stipulation agreement notes, the state's "sole rationale for the Photo ID law," is contained in a response to written questions filed by the ACLU. And in that answer, the state makes quite clear that it has plenty of suspicions that Voter ID does take place ... and that one purpose of the law is to ferret out such cases.

State officials "are aware of reports indicating that votes have been cast in the name of registered electors who are deceased, who no longer reside in Pennsylvania , or who no longer reside in the jurisdiction where the vote is cast," the state's answer asserts. And without some proof of ID, the state contends, "there is a risk that votes may be cast in the names of registered electors who are dead or who have left [the area] by a person other than the registered voters ... Requiring a photo ID is one way to ensure that every elector who presents himself to vote [is] the person that he purports to be, and to ensure that the public has confidence in the electoral process. The requirement of a photo ID is a tool to detect and deter voter fraud."