Arkansas Supreme Court Unanimously Overturns Voter ID Law

The Arkansas Supreme Court unanimously upheld a lower court ruling and overturned a controversial voter ID law passed in the 2013 General Assembly.

The Republican-led legislature passed the voter ID law, which requires proof of identity to vote, that was vetoed by Gov. Mike Beebe and overridden by lawmakers along party lines.

At the time of his veto, Beebe raised constitutional concerns and said the action was “an expensive solution in search of a problem” and was “an unnecessary measure that would negatively impact one of our most precious rights as citizens.”

Pulaski County Circuit Judge Tim Fox struck the law down earlier this year in the Martin vs. Kohls case, but he issued a stay that was kept in place through the primary and run-off season. Early voting starts Monday, Oct. 20 ahead of the Nov. 4 general election.

In striking down the law on Wednesday (Oct. 15), the state’s high court said the voter ID law, Act 595, did not pass constitutional muster because it required an “additional qualification” beyond four requirements currently in the state’s Constitution. Those four requirements state that “any person may vote in an election in this state who is:

(1) A citizen of the United States;

(2) A resident of the State of Arkansas;

(3) At least eighteen (18) years of age; and

(4) Lawfully registered to vote in the election.

“For approximately 150 years, this court has remained steadfast in its adherence to the strict interpretation of the requisite voter qualifications articulated in the Arkansas Constitution,” Justice Don Corbin wrote in the opinion. “[W]ith the legislature’s passage of Act 595 requiring this additional qualification, we cannot determine any set of circumstances exists under which [Act 595] would be valid.”

In a concurring opinion, Justice Courtney Goodson wrote that the voter ID law was unconstitutional because it did not receive a two-thirds vote of the state Legislature – a requirement she said was necessary to alter the constitutional provision.

The law was passed in 2013 along party lines, which consisted of only 51 votes in the 100-member House of Representatives.

“Because the Act failed to obtain a two-thirds vote, it is invalid. As a consequence, it is wholly unnecessary to decide whether the Act added a new qualification to voting as prohibited by article 3. Therefore, I concur in the decision striking down the Act,” she wrote.

Republicans and Democrats reacted in sharply different manners, reflecting the deep division between the two political parties over voter ID.

“We had hoped that the Supreme Court would affirm the voter ID law and help restore the integrity of the ballot in Arkansas,” said Arkansas GOP chairman Doyle Webb. “Unfortunately, the Court failed to do so. We do not anticipate that this will have any impact on Republican victories in November since the people of Arkansas now identify with the views and values of the Republican Party as reflected in the last two election cycles.”

“Hip, Hip, Hooray!” said Democratic Party of Arkansas chairman Vincent Insalaco. “We are thrilled that the Republican voter ID law was unanimously struck down as unconstitutional by the Arkansas Supreme Court. This law only made it harder for voters to exercise their most sacred right. While a thousand votes were thrown out during May’s primary when the Voter ID law was in place, every vote will be justly counted in November’s election. Today’s decision is a win for all Arkansas voters.”