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Judge rules no ID required

District Court ruling overturns earlier decision; plaintiffs may file appeal

An injunction requiring first-time voters to present IDs at the polls was denied Tuesday by State District Judge Robert Thompson.

"This is a victory for young people," said James Moore, state director of the New Voters Project. "One hundred and twelve thousand new voters have registered in the last year and a half. Just the very fact that they are registering to vote is threatening to some establishments."

Plaintiffs, mostly Republicans, filed a lawsuit last month asking that identification be required at the polls for first-time voters who didn't sign up at a county clerk's office. This would also apply to new voters who registered with canvassers during voter registration drives.

Judge Thompson gave an oral ruling, and the plaintiffs' attorney Pat Rogers said he is waiting for the written order scheduled to come out at 5 p.m. today to determine where to go with the suit from here.

"Until you see it in writing and issued, you have to be careful about predictions," Rogers said. "The details are pretty critical to what happens next."

He added that according to procedure, the next step would be to appeal the decision to the state Supreme Court, but it is up to his clients.

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"He's a good judge, and I disagree with the ruling," Rogers said.

Sen. Rod Adair, R-Roswell, said he did not understand the outcome.

"What's changed since last week when the judge said the law was clear and unambiguous?" he said.

Adair, who was on Jim Villanucci's radio show Tuesday to discuss the issue, said based on the caller response, there are a lot of people who are concerned about political pressure on the judge, though he doesn't think it's a partisan issue.

"It's the Democrat Party bosses who are arguing in the courtroom with demonic fervor," he said. "The actual people, the regular Democrats, want voter ID just like the Greens and the Republicans."

David Thompson, director of the litigation division of the state attorney general's office, said he was not surprised by the outcome.

"All we asked from the judge is an open mind and a chance to present evidence about the consequences about what the plaintiffs wanted," he said.

Moore said the issue is not the pros and cons of requiring ID at the polls.

"That's an issue for the Legislature to take up if they decide to," he said. "The real issue was changing the rules three weeks before early voting, and the court agreed that is unacceptable."

But Chavez County Clerk Dave Kunko issued a statement calling the ruling puzzling Tuesday evening.

"It would take our office no more than a few days to flag voters for identification," he said. "Does this mean if it's inconvenient to follow a law, we don't have to follow it?"

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