WASHINGTON (AP) — A panel of three federal judges upheld a South Carolina law requiring voters to show photo identification, but delayed enforcement until next year, in a decision announced Wednesday, less than a month before this year's presidential election.
In a unanimous ruling, the judges said there was no discriminatory intent behind the law, ruling that it would not diminish African-Americans' voting rights because people who face a "reasonable impediment" to getting an acceptable photo ID can still vote if they sign an affidavit.
The judge declined to let the law take effect immediately, "given the short time left before the 2012 elections and given the numerous steps necessary to properly implement the law … and ensure that the law would not have discriminatory" effects.
South Carolina voters who now lack the proper photo ID are disproportionately African-American, so proper and smooth functioning of the law "would be vital to avoid unlawfully racially discriminatory effects," according to the decision, written by Judge Brett M. Kavanaugh of the U.S. Court of Appeals for the District of Columbia Circuit. "There is too much of a risk to African-American voters for us to roll the dice," he said.
South Carolina is one of 16 states, mostly in the South, where election laws are subject to Justice Department approval under the federal Voting Rights Act because of a history of discrimination. South Carolina's was the first law to be refused federal OK in nearly 20 years, which led state officials to challenge that decision in federal court.
The state's Republican-controlled Legislature pushed the law through last year despite heavy opposition from African-American lawmakers. GOP Gov. Nikki Haley signed it last December.
Voter ID laws and other restrictions on voting became priority issues in mostly Republican legislatures and for governors after the 2008 elections. Opponents have described them as responses to the record turnouts of minorities and other Democratic-leaning constituencies that helped put Barack Obama, the first African-American president, in the White House.
Such laws have become a critical issue in this year's election because of the tight presidential race between Obama and Republican nominee Mitt Romney. Supporters have pitched these laws as necessary to deter voter fraud, although very few cases of impersonation have been found.
Officials from South Carolina could not cite a single case of such fraud during the trial, but they said the law would help enhance public confidence in the election system and prevent other types of fraud.
South Carolina's law requires voters to show a driver's license or other photo identification issued by the state Department of Motor Vehicles, or a passport, military photo identification or a voter registration card with a photo.
The other judges in the case were Colleen Kollar-Kotelly and John D. Bates of the U.S. District Court in Washington.
Kollar-Kotelly was appointed by President Bill Clinton. Bates and Kavanaugh were appointed by President George W. Bush.
The case number is 2012-203.
Also On Black America Web:
This Week’s Celebrity Instagrams (11/26-12/2)
30 photos Launch gallery
1. Little Legend and Puddy 😍😍😍😍
1 of 30
2. "You on point Phife?" "all the time,Tip". 💥 #bannedfromnormal
2 of 30
3. Vegan! The Impossible burger at Crossroads
3 of 30
4. Lawrence #BeforeandAfterEpisodes 1-4: 184lbs 13% body fatEpisode 8: 196lbs 8% body fat S/O @coachdaveboxing with the works outs and @kildareriordan with the nutrition
4 of 30
5. Jus haaaanngin out
5 of 30
6. Meanwhile back at home in Atlanta GA someone mad they not on the 🛳. 😳
6 of 30
7. No limits... Photo cred: Chris Bridges @ludacris
7 of 30
8. new new
8 of 30
9. Apparently my 260lbs is too much for the actual vines in the Hawaiian jungles to hold me without breaking and me falling hundreds of feet. So for safety purposes, I'm forced to swing thru #Jumanjj on wires strong enough to hold 12 adult buffaloes and 1 adult Rock. #OnSet #Jumanji #IronicallyIEatBuffaloDailyForLunch #MoreManThanNatureKnowsWhatToDoWith
9 of 30
10. hey ma! 🎎#wcw 💙
10 of 30
11. Surprise visit to our factories!!! #GoodAmerican #USA
11 of 30
12 of 30
13. Peachy Keen 🔥✨⚡️
13 of 30
14. If this don't look thankful I don't know what does. Happy Thanksgiving to you and yours. #UltraBlessed #24kMagic #SweetPotatoFly
14 of 30
15. Late nights @nbcmarlon with the writers... we in here!!!
15 of 30
16. There goes my baaaaaaaaabbbbyyyyy #QueenKingMagic!!! We're up to something! Ira BIG!!! Stay out our buisness -
16 of 30
17. You want to win every game you play but when you come home to these faces... who cares. #ILoveYouGirls best part of my day, everyday!
17 of 30
18. Steady,steady..... full size jenga.. "I got this one "???? Or do I ?
18 of 30
19. Cornrows kind of day 😉@dontaysavoy2 you convinced me and I love. ❤️️
19 of 30
20. #BrotherlyLove #tbt
20 of 30
21 of 30
22. #basel #TeamLOVE @kingcombs
22 of 30
23. Just introduced a special screening of @directher 's groundbreaking (must see) documentary @13thfilm with my brother @themichaelealy | @unitedblackout #blackoutblackfriday
23 of 30
24. Me & Vanessa Williams giving #DuckLips #Pose on the set of #DaytimeDivas @vh1 - Coming Soon to a tv near you. Lol. - My make up done by @makeupsurgeon
24 of 30
25. This picture just makes me wanna praise the Lord, you hear me!!!!!! Yes Lord brotha #TEDDYCAMPBELL What a #man !!! You are everything right on this picture husband ......... #gorgeous #stylish #classy #strong #masculine #king #sexy #debonair #gentlemenstyle And that #bible in your hand just seals the deal for me (probably cause i know that, that is what helped you become just as amazing as you look😘). While my heart and mind experiences the goodness of God at #church on Sundays, my eyes experiences the goodness of Teddy😍. Amen somebody🙌🏽. "Bless the Lord oh my soul and all that is within me bless his holy name" #myman #myhusband #goodman #blackman #dapperman #godlyman #goodfather #mybestfriend
25 of 30
26. Yesterday was my mama's 53rd birthday!!!!! Got to celebrate with her all day. If this is what I have to look forward to I can't wait. Looking like a soft bucket a cocoa butter. Yaaaaaaaaaas! 😍😍😍 love you mommy!
26 of 30
27. "Shout out to @PureAtlanta for getting the family right"....I'm loving this jogger. 😍😍
27 of 30
28. This pic warms my heart ❤️ #myLogiebeans and aunt aunt umba @itowandabraxton 😘
28 of 30
29. You will always be my baby😜. #HappyBirthdayReginae #mybaby18
29 of 30
30. GC "Gods Child" Red on Red SweatSuit available now at www.MonicaApparel.com ... Take Your Crown wherever you go!! I'm pictured in a Medium... Go to the site now for other options ... cc: @trukernell
30 of 30