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AG: Decision to appeal Voter ID ruling rests with Governor, Secretary of the Commonwealth

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The Office of Attorney General (OAG) has served as co-counsel to the Governor and Secretary of the Commonwealth since litigation over the voter ID law commenced in 2012. The Governor and Secretary of the Commonwealth are also represented by an outside law firm retained by the Governor’s Office of General Counsel (OGC).

Upon assuming office in January 2013, Attorney General Kane carefully reviewed the status of all pending matters, including the voter ID case. While Attorney General Kane expressed concern that it might not be possible to implement the voter ID law in a manner sufficient to ensure free and fair elections, given: (i) then existing judicial precedent, (ii) the OAG’s pre-existing ‎involvement in the matter and (iii) the Rules of Professional Conduct, she determined that the OAG’s role as counsel in the case should continue.

Judge McGinley has now ruled, not only making findings regarding implementation efforts insufficient to ensure free and fair elections, but also declaring the voter ID law to be unconstitutional.

The decision to appeal Judge McGinley’s decision rests solely with the Governor‎ and Secretary of the Commonwealth. A decision to appeal must be made on or before Monday, Jan. 27, 2014.