The Arkansas Supreme Court heard oral arguments Thursday on the state’s appeal of a ruling invalidating the voter ID law passed in 2017.The Arkansas Times reports Judge Alice Gray enjoined the law as an unconstitutional addition of a restriction on voting, but the Supreme Court earlier stayed the order, and the law was put in place in primary voting.Mountain Home native Jeff Priebe, attorney for plaintiff Barry Haas in a public interest lawsuit, argued the 2017 law was an attempt to circumvent a similar law passed in 2014 struck down by the Arkansas Supreme Court. A change was made, allowing voters who didn’t have an ID to cast a provisional ballot and sign an affidavit, with the vote to be counted unless other problems are found.
The case may end up being only about this year’s general election. The reason: A constitutional amendment is on the ballot in November changing the document so voter ID is clearly allowable. The ID laws have been proposed around the country in the name of combatting voter fraud.
Priebe argued the law runs counter to an amendment aimed at opening, not restricting, access to the polls. He rejected the argument the ID requirement is just an extension of registration because it’s a rule imposed after registration, at the time of voting. He argued it’s an infringement on the free right of suffrage. He said a provisional ballot is not a vote.
Priebe said it is harder to vote than it is to register to vote. He said he couldn’t believe that was consistent with the Constitution.
The state chose to emphasize the alternative voting method in which a photo ID isn’t required. If that procedure is abused, then there might be a cause of action.
Priebe said the legislature can change the voter registration portion of the Constitution, but only in a germane way. The law under challenge gave discretion to registration, effectively, the county election commission rather than the county clerk in approving provisional ballots.
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