The Independent View: Arkansas Supreme Court Strikes Down Voter ID Law

Arkansas' highest court on Wednesday struck down a state law that requires voters to show photo identification before casting a ballot, ruling the requirement unconstitutional just days before early voting begins for the Nov. 4 election. In a decision that could have major implications in the state's election, the Supreme Court upheld a lower court ruling that determined the law unconstitutionally added a requirement for voting.

The high court noted that the Arkansas Constitution lists specific requirements to vote: that a person be a citizen of both the U.S. and Arkansas, be at least 18 years old, and be lawfully registered. Anything beyond that amounts to a new requirement and is therefore unconstitutional, the court ruled. "These four qualifications set forth in our state's constitution simply do not include any proof-of-identity requirement," the ruling said.

The decision was unanimous, Martin v Kohls, cv-14-462.

Four justices voted to invalidate the law because it violates State Constitutional guarantees on the right to vote. Three other justices voted to invalidate it on the grounds that the bill implementing the law did not pass with a two-thirds majority in each house of the legislature.

"We are thrilled that the Arkansas Supreme Court eradicated this artificial, vote-stealing law," said Holly Dickson, legal director of the American Civil Liberties Union of Arkansas, which had sued to strike the law down. "It was an unconstitutional barrier that has already stolen legitimate voting rights and we are thrilled to see Arkansans' voting rights restored."

It was unclear whether the ruling means the law won't take effect Monday. A spokeswoman for the secretary of state's office didn't have an immediate comment on the decision, and Attorney General Dustin McDaniel's office said he was reviewing the decision.

Republicans in the Legislature said they planned to push for the voter ID requirement again, with House Majority Leader Ken Bragg saying he'd support putting on the 2016 ballot a proposed constitutional amendment requiring voters to show photo identification.

The sponsor of the law, who had argued it would ensure the integrity of elections, said he was disappointed in Wednesday's ruling. Sen. Bryan King, R-Green Forest, said he didn't believe the oral arguments before the court gave supporters enough time to make their case. "There has not been a day in court that our side really got to present both sides," King said.

Pulaski County Circuit Judge Tim Fox struck down the law in May but suspended his ruling while it was being appealed. Dickson said the ACLU planned to ask the judge as soon as Wednesday night to lift that stay.

Under previous law, election workers were required to ask for photo ID but voters didn't have to show it to cast a ballot. Under the new law, voters who don't show photo identification can cast provisional ballots. Those ballots are counted only if voters provide ID to county election officials before noon on the Monday after an election, and sign an affidavit stating they are indigent or have a religious objection to being photographed.