[This article now cross-published by Salon...]
The Arkansas Supreme Court has tossed a ruling by a lower court judge who had found the state's Photo ID voting requirement to be in violation of the state Constitution. The high court did not, however, rule on the constitutionality of the law, finding only that Circuit Court Judge Tim Fox "erred" by going too far in his ruling, as the issue of the law's Constitutionality "was not properly before the circuit court."
Late last month we described Fox' decision [PDF], declaring the state's Republican-enacted Act 595 "null and void" and "unconstitutional in that it violates Articles 3, Section 1 and Article 3, Section 2 of the Arkansas Constitution."
Those sections of the state Constitution describe both the "Qualifications of Electors" as well as the "Right of Suffrage," stating that "Elections shall be free and equal. No power, civil or military, shall ever interfere to prevent the free exercise of the right of suffrage; nor shall any law be enacted whereby such right shall be impaired or forfeited, except for the commission of a felony, upon lawful conviction thereof"...