Proposed constitutional amendment could be determined by fate of House power struggle

An Erie County lawmaker who will chair the Senate GOP policy committee in the new year has introduced a bill that would amend the Pennsylvania Constitution to require voters to show identification every time they go to the polls.

State Sen. Dan Laughlin, R-49th Dist., cited a 2021 Franklin & Marshall state poll in which nearly three-quarters of respondents favored a voter ID requirement.

Because the Pennsylvania House and Senate backed a voter ID bill last session, passage of Laughlin's bill in the new year could mean that voters could see the question on their ballot as soon as the May primary. Amending the state constitution requires a bill to pass two consecutive sessions of the General Assembly before voters have the final say.

More:A guide to voter rights in Pennsylvania

“This proposal would help to enhance election integrity by adding another layer of security to our elections, something that would also increase voter confidence," Laughlin said in a statement.

Pennsylvania only requires first-time voters, or voters who are voting at a new precinct for the first time, to show a valid ID.

More:Laughlin appointed policy chairman for Senate Republican Majority Caucus

Republicans have been pushing for a universal voter ID requirement in Pennsylvania for years, and they ramped up their efforts following the 2020 presidential election.

Laughlin's bill mirrors Senate Bill 735, which Sen. Judy Ward, R-30th Dist., introduced during the 2021-2022 session.

The ACLU of Pennsylvania opposes the bill because it does not clearly define what constitutes "valid identification" and voters would be asked to approve the constitutional amendment before lawmakers make that determination.

The bill "contributes to the dangerous trend of legislating by constitutional amendment," the ACLU of Pennsylvania wrote at the time Ward's legislation was introduced. "Requiring voter ID does not require a constitutional amendment. Voter ID can — and should be — a change that is legislatively enacted by amending the Election Code."

The group notes that if the provisions of the bill become "impractical, ill-defined, burdensome, and/or in error" lawmakers would be required to restart the process of amending the Pennsylvania Constitution, which could take two to three years.

More:Pa. Republicans say bill is 'commonsense,' Democrats dismiss it as partisan 'sham,' 'farce'

Laughlin said that by leaving out specifics like the types of ID that would be accepted, lawmakers could more easily adapt to changing forms of ID over time, including the use of digital ID cards that can be presented on a phone, rather than continuing to return to the ballot measure.

Republicans in 2022 approved a series of constitutional amendments, including voter ID, to bypass the veto power of Gov. Tom Wolf and in preparation for the possibility that Democrats would retain their executive powers. Attorney General Josh Shapiro would go on to easily defeat the Republican candidate, Sen. Doug Mastriano, in the race to succeed Wolf.

More:GOP state Sen. Dan Laughlin sues Democratic Party chair, Erie Reader over column

'I can't imagine them finding the votes'

Democrats have also called voter ID laws a form of voter suppression, while Republicans have argued that people are required to present identification for less important reasons and therefore should be required to show ID when they vote.

State Rep. Ryan Bizzarro, D-3rd Dist., Millcreek Township, who serves as chairman of his party's policy committee in the House, responded by saying that "voting should be safe, secure and convenient.

"As we work to expand methods and opportunities to vote, we must remain vigilant against fraud," Bizzarro said in a text message. "Personally, I’m indifferent to the good senator’s legislation. In Pennsylvania, you already must provide ID to vote for the first time at a new polling place and when you apply for your mail ballot, so as we work to expand same-day registration, automatic voter registration, and increased opportunities to maximize voter participation regardless or political party affiliation, we will also consider new security measures."

Bizzarro noted that former Gov. Tom Corbett and the Republican legislature ran into legal issues when they introduced a similar bill because the courts had found that "… overwhelming evidence reflects that there are hundreds of thousands of qualified voters who lack compliant ID."

"So at the end of the day, if Harrisburg Republicans can’t find the fraud, I can’t imagine them finding the votes for this bill, as is, without it being part of a broader package of bills that would expand voting rights in Pennsylvania," Bizzarro said.

Laughlin noted that he would be in favor of issuing free state ID cards. He also decided to champion the legislation because he's proposed other bills that would expand voting rights, including holding open primaries, and because he is not basing the need for voter ID on claims of fraud, but rather public opinion.

More:Laughlin said independents deserve voice in primaries

Laughlin is among the few Republicans in the state legislature who has not questioned the results of the 2020 presidential election and who has said that there were no signs of widespread fraud. Laughlin doubled down on that position Thursday, saying the outcome of Pennsylvania's 2020 election would not have changed had universal voter ID requirement been in place.

"You need some form of ID to do literally anything in Pennsylvania, from going to a doctor's appointment to purchasing alcohol at Sheetz. Most of these places ask for ID. They ask for ID at the drugstore if you're just trying to buy Sudafed.

"The percentage of people in Pennsylvania that are actually citizens of Pennsylvania that don't have ID, I think is an extremely infinitesimally small number. I'm more than willing to have free ID for these folks if that's an issue."

Control of Pennsylvania House

The outcome of a power struggle in the state House of Representatives could determine the bill's fate.

Republicans argue that they will hold a 101-99 advantage in the House until three vacant, Democratically-held seats are filled, which could happen during a special election in February or at the May primary.

Democrats argue that they hold the majority because they won the three seats in question during last month's general election and therefore have a 102-101 edge. Democratic Leader Joanna McClinton, who has been sworn in as the majority leader, has set a special election for three western Pennsylvania House races for February.

Republicans have filed a lawsuit contending that McClinton does not have the authority to schedule special elections because the winners of those three races no longer hold those seats. That includes lieutenant governor-elect Austin Davis and U.S. Rep.-elect Summer Lee, both of whom ran for those positions and sought re-election to their state House seats in November, and the late state Rep. Tony DeLuca, who died Oct. 9 but stayed on the ballot due to election rules.

All three Democrats won re-election. Davis and Lee have since resigned from their House seats.

"If the Republicans have the majority for a brief period of time it wouldn't be much of a problem getting this pushed through," Laughlin said. "Once the Democrats take over, if we haven't done it by then, I imagine it would be a little bit more of an effort to get it done, but I would still point out even to the Democrats, when they finally have the majority, that this is supported by roughly 80% of all Americans and 75% of all Pennsylvanians and it's pretty tough to ignore an 80/20 issue."

Matthew Rink can be reached at mrink@timesnews.com or on Twitter at @ETNRink.