Attorney General Leslie Rutledge and Secretary of State Mark Martin both issued statements applauding yesterday’s decision by the Arkansas Supreme Court that will allow the Voter ID law to be enforced this month, with early voting in the primaries slated to begin May 7.
Circuit Judge Alice Gray had last week declared the law unconstitutional and issued a preliminary injunction against its enforcement in the primaries. The Supreme Court granted a stay that reversed the injunction. It has not ruled on the underlying question of whether the law is unconstitutional, as Gray found. That decision will come later this year. In the mean time, the Court ruled that the policy can proceed. Voters will have to present a valid photo ID in order to cast their ballots this month.
Martin, who asked the Court for the stay, issued the following statement:
We are pleased with the Supreme Court’s decision. Election officials across the state are continuing to prepare for the start of the early voting on Monday. We now have clear direction from the Court that the law we have been operating under since last August remains in effect for the Primary Election, until further orders from the Supreme Court. The Supreme Court’s prompt attention to this matter, on an emergency basis, gives the County Clerks and County Boards of Election Commissioners reassurance that the year-long preparations for the election have not been wasted.
Attorney General Leslie Rutledge, representing the other defendant — the six-member state Board of Election Commissioners — had also filed notice today in Gray’s court that she would appeal Gray’s ruling to the Supreme Court, although she ultimately left that appeal to Martin. She issued the following statement:
I am very pleased that the Arkansas Supreme Court agreed with the arguments we made on behalf of the State Board of Election Commissioners that the requirement that a voter show photographic identification or sign a statement affirming his or her identity as a registered voter is not burdensome and helps ensure free and fair elections. The stay issued this afternoon provides needed clarity for Arkansas voters and election officials.
In comments to the Democrat-Gazette, attorney Jeff Priebe, who is bringing the lawsuit challenging the law, pointed out that the underlying question of whether the law violates the constitution remains.
“We’re disappointed that the secretary of state and attorney general continued to want to enforce an unconstitutional voter-ID law,” he told the D-G. “We look forward to presenting the entire case to the Arkansas Supreme Court.”