The first GOP attempt to implement a voter ID law in Pennsylvania was tossed by the Commonwealth Court in 2012.

Another effort is underway.

While there is legislation to address the issue in play in the House, the method that’s actually moving through the House would amend Pennsylvania’s Constitution. For that to happen, legislation has to be approved in two sessions of the General Assembly and then ratified via public referendum.

It passed the House State Government Committee this week in a wholly partisan 15-10 vote.

The first GOP attempt to implement a voter ID law in Pennsylvania was tossed by the Commonwealth Court in 2012.

Another effort is underway.

While there is legislation to address the issue in play in the House, the method that’s actually moving through the House would amend Pennsylvania’s Constitution. For that to happen, legislation has to be approved in two sessions of the General Assembly and then ratified via public referendum.

It passed the House State Government Committee this week in a wholly partisan 15-10 vote.

It has been put forth by Lycoming County Republican Jeff Wheeland. It’s HB 1596.

The legislation proposes a resolution for the “method of elections and secrecy in voting for election and registration laws and providing for election audits and for the election and qualifications of the Secretary of the Commonwealth.”

There’s quite a bit to unpack in that description.

First, it would amend the Constitution to require that a “qualified elector shall present a valid government-issued identification prior to voting” and require those not voting in person to “provide proof” of an ID and a signature.

The proposal will also require that paper ballots be watermarked and “open for public inspection after the certification of an election for a minimum period of two years.”

It also places an audit responsibility on the state Auditor General — “Each election by the citizens shall be audited by the auditor general prior to the certification of a result — as well as audits including “the certification of election machines” and “the accuracy of the list of registered voters and the administration of voter registration.”

The proposal would also take the office of Secretary of the Commonwealth — currently an executive appointment — and turn it into an elected position as well as make that position “the chief elections officer of the Commonwealth….”

“The premise behind voter ID laws is to ensure that individuals are not misrepresenting themselves when voting and thus, potentially negating the votes of others,” Wheeland wrote in a legislative memo. “Voter ID laws can also serve to increase public confidence in the election process.”

He writes that the item could hit referendum in 2023.

“This would result in the voters deciding if identification should be required at each election, thereby enhancing election integrity and election security, and increasing voter confidence,” he claims.

But that’s not a unanimous view.

“Requiring voter ID does not require a constitutional amendment,” the Pennsylvania chapter of the ACLU suggested in a Sept. 27 memo. “Voter ID can–and should be–a change that is legislatively enacted by amending the Election Code. Legislating by constitutional amendment establishes a dangerous precedent of creating an end-run around the principle of checks and balances that lies at the core of our democratic process.”

They further suggest that the move risks “turning our constitution into a scattershot dumping ground of provisions that are more appropriately enacted under statute.”

The ACLU also raised concerns that the bill “only defines a valid ID to include, but not be limited to, a valid government-issued identification. Further clarification would be left to the general assembly to decide at a later date. The devil is always in the details but those details would not be determined until after voters decide whether or not to adopt this amendment.

A legislative memo for the voter ID legislation — HB 853 — details the kinds of identification that would be accepted — driver’s license or PennDOT non-driver ID card, ID from another state agency or the federal government, student and employee ID with photo, Armed Forces ID card, firearm permit, utility bill, bank statement or government check. Two forms of non-photo ID will be required if a voter takes that route. However, that legislation hasn’t moved in the house since it was initially referred to the State Government committee back in March.

“However, because HB 1596 would require ID — even in the absence of the specific qualifications for identification — it is unclear what happens in the event clarifying legislation fails to pass. In such a scenario, would this provide the pretext for nullifying an entire election? Furthermore, it is a dangerous game to legislate at constitutional gunpoint.”

It has been put forth by Lycoming County Republican Jeff Wheeland. It’s HB 1596.

The legislation proposes a resolution for the “method of elections and secrecy in voting for election and registration laws and providing for election audits and for the election and qualifications of the Secretary of the Commonwealth.”

There’s quite a bit to unpack in that description.

First, it would amend the Constitution to require that a “qualified elector shall present a valid government-issued identification prior to voting” and require those not voting in person to “provide proof” of an ID and a signature.

The proposal will also require that paper ballots be watermarked and “open for public inspection after the certification of an election for a minimum period of two years.”

It also places an audit responsibility on the state Auditor General — “Each election by the citizens shall be audited by the auditor general prior to the certification of a result — as well as audits including “the certification of election machines” and “the accuracy of the list of registered voters and the administration of voter registration.”

The proposal would also take the office of Secretary of the Commonwealth — currently an executive appointment — and turn it into an elected position as well as make that position “the chief elections officer of the Commonwealth….”

“The premise behind voter ID laws is to ensure that individuals are not misrepresenting themselves when voting and thus, potentially negating the votes of others,” Wheeland wrote in a legislative memo. “Voter ID laws can also serve to increase public confidence in the election process.”

He writes that the item could hit referendum in 2023.

“This would result in the voters deciding if identification should be required at each election, thereby enhancing election integrity and election security, and increasing voter confidence,” he claims.

But that’s not a unanimous view.

“Requiring voter ID does not require a constitutional amendment,” the Pennsylvania chapter of the ACLU suggested in a Sept. 27 memo. “Voter ID can–and should be–a change that is legislatively enacted by amending the Election Code. Legislating by constitutional amendment establishes a dangerous precedent of creating an end-run around the principle of checks and balances that lies at the core of our democratic process.”

They further suggest that the move risks “turning our constitution into a scattershot dumping ground of provisions that are more appropriately enacted under statute.”

The ACLU also raised concerns that the bill “only defines a valid ID to include, but not be limited to, a valid government-issued identification. Further clarification would be left to the general assembly to decide at a later date. The devil is always in the details but those details would not be determined until after voters decide whether or not to adopt this amendment.

A legislative memo for the voter ID legislation — HB 853 — details the kinds of identification that would be accepted — driver’s license or PennDOT non-driver ID card, ID from another state agency or the federal government, student and employee ID with photo, Armed Forces ID card, firearm permit, utility bill, bank statement or government check. Two forms of non-photo ID will be required if a voter takes that route. However, that legislation hasn’t moved in the house since it was initially referred to the State Government committee back in March.

“However, because HB 1596 would require ID — even in the absence of the specific qualifications for identification — it is unclear what happens in the event clarifying legislation fails to pass. In such a scenario, would this provide the pretext for nullifying an entire election? Furthermore, it is a dangerous game to legislate at constitutional gunpoint.”