By Tim Ghianni
NASHVILLE, Oct 25 (Reuters) - A Tennessee appeals court
ruled on Thursday that a state requirement that voters have
photo identification is constitutional but that the Memphis
library cards at the heart of a challenge to the law were
acceptable at polling places.
The Tennessee Secretary of State plans to appeal the ruling
to the state Supreme Court, a move that will freeze the appeal
court ruling until the high court takes action, according to
Blake Fontenay, a spokesman for the Secretary of State.
"This is like changing the rules at halftime of a football
game," Fontenay said, explaining the quick reaction to
Thursday's ruling, which came as early voting in the Nov. 6
general election was already underway.
"I wouldn't lose sight of the part of the ruling that we are
very pleased with that upholds the constitutionality of the
law," he added.
The issue of voter ID in Tennessee is just the latest
episode in a legal tug of war over photo-identification
requirements in the past two years.
Republican governors and state lawmakers across the country
say voter ID requirements are necessary to deter fraud, although
examples of in-person voter impersonation are rare. Democrats
argue the laws are intended to depress turnout among groups that
support them.
"Demanding people bring a picture ID card ... is a
constitutional impediment," Nashville attorney George Barrett,
who challenged the constitutionality of the law, said after a
court hearing last month that paved the way for the appellate
ruling.
Of the appellate court's decision, Barrett said on Thursday,
"We won half of it, and we lost half of it."
He called the ruling a victory for the city of Memphis, but
also said "we are considering our options now."
He too may take his cause to the state Supreme Court. "We've
got 30 days to decide that. We haven't given up the fight on the
unconstitutionality of the statute," he said.
Barrett also said he interprets the court's Thursday ruling
to say that it applies statewide and not just to Memphis.
"It makes many more places available for people to get photo
IDs other than driver's license issuing stations," he said.
"Less than half of the counties in the state of Tennessee
have driver's license issuing stations but every county has a
library," Barrett said.
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