Wisconsin's Controversial Voter ID Law
On May 25, 2011, Gov. Scott Walker signed controversial voter ID legislation into law.  The ACLU described the law, Act 23, as "one of the harshest in the country."  For more than five years the measure has wound its way through the courts.  In an April 2014 ruling, the U.S. District Court for the Eastern District of Wisconsin struck down the law, but that ruling was subsequently reversed.  The law was then blocked from taking effect in the 2014 and 2015 elections.  Parts of the voter ID law finally took effect in 2016 even as it continued to be litigated in the lead up to the Nov. 8 election.

See:
Wisconsin Elections Commission - Wisconsin Voter Photo ID: Legislative History and Background

ACLU - Frank v. Walker: Fighting Voter Suppression in Wisconsin

Shawn Johnson and Laurel White.  "As Voting Begins, A Look Back At The Fight Over Wisconsin's Voter ID Law."  Wisconsin Public Radio, Sept. 26, 2016.


PRESS RELEASES on UW-Madison Study
Milwaukee County Clerk Joe Czarnezki

November 14, 2016

Study to Determine if Voter ID Law Reduced Wisconsin Turnout

Milwaukee County Clerk Czarnezki backs UW-Madison effort to survey those who didn’t

A comprehensive UW-Madison study is underway to determine if Wisconsin’s new voter ID law played a role in the lowest statewide turnout for a presidential election in over two decades.

The study will review the impact of Wisconsin’s voter ID law, considered by some as among the most restrictive in the nation. It will focus on Dane and Milwaukee counties, which have the highest percentage of minority and low-income voters in the state.

About 66 percent of voting age people in Wisconsin cast ballots on November 8. That turnout was down nearly four percentage points compared to 2012 and was three points behind the predictions from state election officials.

Most counties in Wisconsin saw a decline in turnout, but the drop was particularly dramatic in Milwaukee County, where nearly 50,000 fewer votes were cast this year compared to 2012.  Preliminary exit polling showed that turnout fell off most among young voters and African-Americans.

In Dane County, turnout was up slightly in real numbers, but down roughly 2 percent from four years ago among registered voters.

“Overall there were few problems on election day,” said Milwaukee County Clerk Joe Czarnezki. “However, there were reports of voters who showed up to the polls with the wrong form of photo ID, while others simply did not go to the polls because they feared they did not have proper ID.  This study will move us from anecdotes to facts.”

Kenneth Mayer, a UW-Madison political science professor (608-263-2286/krmayer@wisc.edu), is leading the study. The UW hopes to have an initial report ready by August, 2017.

Issued By: Dane County Board Supervisors
County Board Chair Sharon Corrigan
FOR IMMEDIATE RELEASE 9/19/2016

GROUNDBREAKING STUDY TO GAUGE IMPACT OF WISCONSIN’S NEW VOTER ID LAWS

Dane County to partner with UW on assessing November election turnout

The upcoming November election is the first presidential faceoff since Wisconsin instituted a controversial voter ID law considered one of the most restrictive in the nation.
 
Looking to determine the effects of the new law – especially on minority voters and students – the Dane County Board approved a contract with the UW-Madison on a comprehensive study of the 2016 election.
 
“This study will move us past speculation and into hard facts," said Supervisor Jeff Pertl of Madison, the primary sponsor of the study resolution approved by the County Board at its meeting earlier this month.
 
"The County is responsible for running elections. We need to know if and how Voter ID is having an impact, so we can ensure every eligible voter has the chance to cast a ballot,” he added.
 
The study will use a mix of mailed surveys, phone calls, and email to contact registered voters in Dane and Milwaukee counties who don’t cast ballots on Nov. 8.  UW-Madison and UW-Milwaukee students will be contacted via email about their voting experiences.
 
“The goal is to understand how recent changes in election practices will affect turnout,” said UW political science professor Ken Mayer.
 
With the help of graduate students, the UW will launch the email survey immediately after the Nov. 8 election and start the paper mail portion in January. It hopes to have an initial report ready by August, 2017.
 
The County Board added funds for the Dane County Clerk’s office to cover most costs of the $44,000 study, which includes expenses for a call center, mailing and printing.  The Milwaukee County Clerk has also pledged financial support for the study.  Respondents to the paper mail survey will receive a $2 cash incentive for participating.
 
County Clerk Scott McDonell says it is money well spent considering only “anecdotal evidence exists to quantify the effects on voting behavior and the conceptions or misconceptions of voters trying to navigate a slew of new legislative changes.”
 
McDonell says he got the idea for a Wisconsin study after reading the results of a recent survey in Texas that showed widespread misunderstanding of voter ID changes in that state.
 
“It showed that confusion about the law caused more people to stay home than the actual law itself,” he said.
 
In fact, the Texas survey found that two of three people who didn’t cast ballots and said a lack of identification was the primary reason, actually had the proper ID but failed to cast ballots anyway.
 
Given the numerous back and forth court rulings on Wisconsin’s new voting rules, McDonell fears similar confusion in this state. The study will also look at the impact of changes in voting hours and absentee balloting which also been challenged in court.
 
The study is designed to help clerks identify effective approaches to voter outreach and increase participation in future elections.
 
Mayer said the presidential election is the best time to measure the impact of the voter ID laws since statewide turnout is historically 66 percent compared to 47 in so-called “off year” elections.
 
“The presidential elections tend to bring out more marginally connected voters who are likely to be the most strongly affected by changes in voting practices,” he said.
 
The mail portion of the study will select a statistical sampling of those who have voted in the past but did not cast ballots this time. It will put added emphasize on neighborhoods with higher number of minority voters to gauge the impact on that demographic.


PRESS RELEASES from Wisconsin Elections Commission

2016-10-28

Top 10 Things Voters Should Know for Election Day

MADISON, WI – The Wisconsin Elections Commission today released its list of the top 10 things Wisconsin voters should know for Election Day, Tuesday, November 8.

The most important thing voters should know is that a photo ID will be required to vote.

Most people already have the photo ID they need to vote like a Wisconsin driver license, ID card or other DMV-issued document. Voters can also use military and veteran’s IDs, some student IDs, tribal IDs, or a certificate of naturalization.  The full list is available at www.bringit.wi.gov.

Your photo ID does not need to have your current address, and your name on your ID does not have to exactly match the name on the poll list.

If you do not have a photo ID on Election Day, or if poll workers say your ID is not acceptable, you can still cast a provisional ballot that will be counted if you bring an acceptable ID to the clerk’s office by 4 p.m. the Friday after the election.

Number two is that voters still have time to get a photo ID.

If you don’t have an acceptable photo ID, you can get one for free after just one visit to a Wisconsin DMV office through the ID Petition Process (IDPP), said Michael Haas, administrator of the Wisconsin Elections Commission.

“Just bring whatever identifying documents you have like a birth certificate and proof of your current address, but if you don’t have one, the DMV will still give you a document with your photo that you can use for voting,” he said. Starting the week of Oct. 31, the DMV will send you the photo ID document by overnight delivery. Voters who find they do not have an acceptable ID on Election Day should go to the DMV as soon as possible.

Third on the list – there are important exceptions to the photo ID law.

Military voters and permanent absentee voters do not need a photo ID to vote.  Becoming a permanent absentee voter is an excellent option for voters who have difficulty making it to the polls on Election Day due to age, disability, infirmity or illness. To become a permanent absentee voter, contact your municipal clerk’s office as soon as possible.

Fourth, absentee voters should mail their ballots back ASAP.

The law has changed and absentee ballots must be delivered to the municipal clerk’s office by Election Day or they will not be counted.  When your ballot is postmarked does not matter.  To give USPS enough time to do its job, the Elections Commission urges absentee voters to put their ballots in the mail one week before Election Day.

Fifth, make sure you know when and where to vote.

Polls are open in Wisconsin from 7 a.m. to 8 p.m. on Tuesday, November 8.

“Wisconsin voters can find the most accurate information about voting at MyVote.wi.gov, including where their polling place is and whether their registration is current,” said Haas. “If you’re not sure, take a few minutes to visit the My Vote Wisconsin website. It could save you time and headaches on Election Day.”

People who do not have internet access can check their status with their municipal clerk’s office.

My Vote Wisconsin also has sample ballots so voters can familiarize themselves with their choices before they arrive in the voting booth.

Sixth, voters can register at the polling place on Election Day.

“If you check My Vote Wisconsin and find you’re not registered, don’t panic,” Haas said. “Election Day registration ensures that everyone who is qualified to vote will get to vote.  Wisconsin, unlike many other states, has had registration at the polls since 1976, so very few voters will likely be forced to vote on a provisional ballot.”

To register on Election Day, Wisconsin voters must provide a proof of residence document. It can be a driver license or state ID card with the voter’s current address. It can also be a current utility bill, lease, university ID card or other official document showing the voter’s name and current address.  For a list of acceptable documents, visit the Elections Commission website. You must be a resident of your ward for 10 days to register, but the document does not need to be 10 days old. Voters who have a valid Wisconsin driver license will be required to use their license number to complete the registration form.  Otherwise, they may use a state ID card number or last four digits of their Social Security number.

Seventh, voters should know what to do if they witness problems at the polling place.

“If you see voter fraud, voter intimidation, electioneering or misconduct by election officials, your first point of contact should be the Chief Election Inspector at the polling place,” said Haas.  “Most concerns can be resolved then and there, but if that doesn’t work, contact your municipal clerk’s office or local law enforcement.”

Complaints or issues that are not resolved to the voter’s satisfaction should be reported to the Wisconsin Elections Commission.  Voters can go online and report problems at http://elections.wi.gov/complaints, or they can call 1-866-VOTE-WIS.  Haas noted that the Commission will be open extended hours on Election Day to assist voters. Phones will be answered from 6 a.m. until at least 11 p.m. on Election Day.

The remaining things a voter should know are:

8.    Election observers must follow the rules: Election observers are welcome at every polling place, but they must obey the instructions of the Chief Election Inspector, and may not interact with voters. Only Wisconsin electors may challenge another voter’s eligibility, and there are specific criteria and limitations on challenges. Observers who disobey will be asked to leave, and may not observe at other polling places on Election Day. Rules for election observers are available at the polling place and online:  http://elections.wi.gov/publications/brochures/observer-rules

9.    Leave political items at home: Voters are asked not to wear political clothing or paraphernalia to the polling place on Election Day.  The Chief Election Inspector may ask voters to remove or cover up political items, or to leave the polling place if they are judged to be electioneering or creating a disturbance.

10.    Get in line before the polls close: Voters standing in line waiting to vote when the polling place closes at 8 p.m. on Election Day will be permitted to vote.

Contact: 
Reid Magney, Public Information Officer

2016-08-12

Free Photo ID for Voting Now Available with One Trip to DMV

MADISON, WI – Any voter who needs a photo ID to vote can now get it with one visit to the Wisconsin Division of Motor Vehicles, the Elections Commission announced.

“Most voters already have a photo ID to vote, like a driver license or state ID card,” said Michael Haas, Wisconsin’s chief elections official. “However, if you do not have a photo ID for voting, you can get one at the DMV in one trip if you bring two documents – one to prove your identity and one to prove where you live.”

The ID Petition Process (IDPP) is used by the DMV to help people who are unable to provide certain documents necessary to get a regular state ID card for voting purposes.  The DMV is now issuing special receipts that include the person’s photograph. Such receipts will be sent to voters automatically within six business days of the voters coming into the DMV and applying. These receipts can be used immediately as photo ID for voting while the DMV reviews the person’s application for a free state ID card.

“A DMV receipt works for voting just like a driver license, state ID card, passport, military ID, veteran’s ID or tribal ID,” Haas said.

There are many different documents a person can use to prove identity and residency to receive DMV products.  

Identity documents include a Social Security Card issued by the Social Security Administration, a W-2 form with your name and social security number, a marriage certificate, certified copy of a divorce judgment, or any document “identifying the person by name and bearing the person’s signature, or a reproduction of the person’s signature.” Wis. Admin. Code § Trans 102.15(4).  More information is available here: http://wisconsindot.gov/Pages/dmv/license-drvs/how-to-apply/identity.aspx.

Documents to prove residency include a paycheck, stub or earning statement, a utility bill for electricity, a mobile phone bill issued in the last 90 days, a bank statement issued in the last 90 days, or government-issued correspondence from a federal, state, county or city agency within the last year.  More information is available here: http://wisconsindot.gov/Pages/dmv/license-drvs/how-to-apply/residency.aspx

For more information about the voter ID law, how to get a free state ID and exceptions to the law, visit the Elections Commission’s Bring It to the Ballot website: www.bringit.wi.gov or call 1-866-VOTE-WIS.

Haas said there were very few problems reported with photo ID at Tuesday’s Partisan Primary Election, due in part to a low turnout of about 13 percent of voting-age adults.

“Turnout will be much higher on November 8, and we want everyone to be prepared to vote then,” Haas said. “If you still need to get a photo ID, now is the time to start looking for your documents and planning a trip to the DMV.”

Some older voters whose photo IDs have expired before November 4, 2014 may want to consider becoming permanent absentee voters. 

“The voter ID law contains an important exception for ‘indefinitely confined’ voters who have difficulty making it to the polls on Election Day due to age, disability, infirmity or illness,” Haas said. “These voters can cast an absentee ballot without having a photo ID because the person who witnesses the ballot confirms the voter’s identity.”

For more information about exceptions to the law, visit the Bring It website: www.bringit.wi.gov/are-there-exceptions-new-law.  To become a permanent absentee voter, contact your municipal clerk’s office.


Contact: 
Reid Magney, Public Information Officer
2016-07-08

Voter Photo ID Multimedia Campaign Launches Week of July 11

MADISON, WI – The Wisconsin Elections Commission is launching its statewide “Bring It to the Ballot” multimedia campaign to educate Wisconsin residents about the voter photo ID law.

“Voter ID is back and voters need to be prepared to bring their IDs to the polling place,” said Michael Haas, Wisconsin’s chief election official. “The campaign’s message is that most people already have the ID they need to vote. But if they don’t have one, they can get a free ID for voting at the DMV, even if they don’t have some documents like a birth certificate.”

Last week, the Elections Commission approved spending $250,000 to put the campaign online, on the air, and in other locations designed to reach voters who may need to get an ID.  The first phase of the campaign, eight weeks of paid TV and radio public service announcements, is slated to start airing on Monday, July 11. The PSAs are placed statewide through the Wisconsin Broadcasters Association at a cost of $48,000.

Haas said the Commission’s advertising agency, KW2, is finalizing plans for the digital and out-of-home campaign, at a cost of $202,000, which will run at various times up until the election on November 8.  Pre-roll videos and digital ads will run in movie theaters, and on targeted websites and smartphone apps.  There will also be public transit posters.  The exact locations and timing of ads is still being determined.

The Bring It campaign has two key messages designed to help voters who need an ID learn how to get one for free, as well as to raise general awareness of the law. 

The media campaign encourages voters to visit a website (BringIt.Wisconsin.gov) where they can learn more about what IDs are acceptable, how they can get a free ID if they need one for voting, as well as about exceptions to the law.  The campaign’s TV and radio ads, short videos and printable brochures are available on the website.  Voters can also call a toll-free number, 866-VOTE-WIS (866-868-3947), for information in English and Spanish. 

“Our Bring It website and toll-free number have many resources to help people understand how voting with photo ID works,” said Meagan Wolfe, the Commission’s voter services specialist.  “Voters can also visit MyVote.Wi.gov to find out whether they are currently registered, where to vote and what will be on the ballot.”

A voter without an acceptable form of ID will be issued a provisional ballot at the polling place, but voters can avoid delays and complications by preparing ahead of time.  “If voters do not have an acceptable photo ID, they should start taking steps to get one now,” Haas urged. “Don’t wait until the last minute to make sure you are able to vote.”

Haas also emphasized exceptions to the photo ID requirement for absentee voters who are active-duty military or who have a hard time getting to the polls because of age, illness, infirmity or disability.

Contact: 
Reid Magney, Public Information Officer

IN THE COURTS
U.S. Court of Appeals for the Seventh Circuit (Aug. 26, 2016)
U.S. District Court for the Western District of Wisconsin, Judge James D. Peterson (July 29, 2016)  related: Sept. 30  |  Oct. 11  |   Oct. 13  |  Oct. 14  |  Oct. 26  |  Nov. 4
Frank v. Walker seeking preliminary injunction (flied June 10, 2016)


PRESS RELEASES from One Wisconsin Institute
November 7, 2016

The Early Votes Are In

Federal Lawsuit Paves Way for Record Early Voting, With Nearly 800,000 Ballots Cast

MADISON, Wis. — A federal court ruling in the voting rights suit One Wisconsin Institute, et. al. v. Thomsen, et. al. paved the way for expanded days, hours and sites for early voting in Wisconsin. According to the latest figures from the Wisconsin Election Commission (WEC), the votes are in, and early voting is a resounding success with a record 650,808 ballots cast early, in-person. In total, over 797,000 votes were cast in Wisconsin either early in-person or via mail-in absentee ballot according to the November 7 WEC report.

“The votes are in on early voting, and it is an amazing success” said One Wisconsin Institute Executive Director Scot Ross. “These record numbers show that voters vote when given the opportunity to vote. And expanded early voting makes it easier and more convenient than ever for legal voters to participate in our democracy.”

Previously, state law had limited municipalities to only having one early voting location and laws passed by the Republican controlled legislature and Gov. Walker limited both the time period during which early voting could be offered to the ten business days before the election and limited the maximum hours for early voting.

When the federal court struck down the last round of anti-voter laws concocted by Gov. Scott Walker, Robin Vos and the Republican legislature he found that they were rigging the rules on voting to give themselves an unfair advantage and disenfranchising legal voters because of where they lived and who they voted for. In his ruling, Judge James Peterson wrote that “The Legislature’s immediate goal was to achieve a partisan objective…” in passing early voting restrictions and that the measures were designed to suppress the votes of legal voters.

Despite the strong support for early voting across the state top Republicans are already advocating for new restrictions to limit voter participation in elections. According to a report in the Milwaukee Journal Sentinel, Assembly Republican Speaker Robin Vos is suggesting he will push to pass new limits on early voting in Wisconsin.

Ross concluded, “Why in the world does Robin Vos want less democracy? Every legal voter in every corner of our state deserves to have the opportunity to vote for whomever they choose and to have that vote counted. And that’s what we will fight for in the legislature and in the courts.”

# # #

October 4, 2016
Mike Browne, Deputy Director

One Wisconsin Institute Seeks Suspension of Voter ID Law as Evidence Shows Rampant Problems in Implementation of New Voter ID Rules

Gov. Walker’s Administration Can’t Be Trusted to Fairly Administer Law

MADISON, Wis. — Recent media reporting on Gov. Scott Walker’s administration violating federal Judge James Peterson’s order in One Wisconsin Institute, et. al. v. Thomsen has spurred the plaintiffs to seek a suspension of the state voter ID law. Audio recording provided to the court and reported on by the Milwaukee Journal Sentinel reveal numerous instances of false or misleading information being given out at DMV locations around the state.

“Gov. Walker doesn’t get to pick which laws or which court orders he follows,” commented One Wisconsin Institute Executive Director Scot Ross. “The judge was clear in his ruling and this new evidence shows Gov. Walker and his administration are not following their own rules and they are not complying with the federal court order on the voter ID law,”

A link to the One Wisconsin Institute filing.
A link to declaration of Molly McGrath.
A link to declaration of Susan McGrath.

In their filing, One Wisconsin Institute provided transcripts of multiple visits to the DMV, some by voters seeking ID. In most cases, DMV employees provided inaccurate information that was inconsistent with how the state claimed the ID petition process should work. In addition, the filing shows roughly one-third of people whose petitions were denied have not received an ID to which they were entitled because they have moved and the state has made little effort to locate them. Finally, the Institute filing cites a lack of outreach by the state to inform people about the ID petition process, and in fact, the state has spent no additional money to advertise the process in response to a previous court order requiring that they notify the public.

The latest reports of bureaucratic malfeasance at the state DMV are not the first when it comes to the state voter ID law. In 2011, immediately after the Republican controlled legislature and Gov. Walker rushed to pass the requirement, it was revealed that a top official at the Department of Transportation directed employees to not volunteer that free IDs were available to low income individuals.

Ross noted that evidence presented over the course of the two-week court trial held in May, gives no reason to trust that the Walker administration would fairly administer the voter ID law. Testimony from a Republican insider revealed that, in their private deliberations, GOP state Senators were “giddy” over the prospects of passing a voter ID law they believed would discourage voting and help them win elections. The witness, under oath, testified that current Republican Senate President Mary Lazich urged her colleagues to consider the impact of voter ID on areas of the state that have overwhelmingly supported Democratic candidates, including the City of Milwaukee and the state’s college campuses.

In addition to seeking redress in federal court, with the the latest revelations of how the faulty administration of the voter ID law is disenfranchising legal voters, Ross called on Gov. Walker and the legislative leaders to immediately convene a session to suspend the voter ID law.

He concluded, “In court we proved the real fraud in Wisconsin elections is partisan politicians manipulating the rules on voting to give themselves an unfair advantage. It is unacceptable that even one legal voter would have their rights stripped away by a misinformed bureaucrat or unscrupulous politicians. What is happening with the voter ID law is an outrage and it ought to be immediately suspended.”

# # #

September 26, 2016
Mike Browne, Deputy Director

Voters Across Wisconsin Begin Early Voting Today as Result of Historic Lawsuit

‘Voters Being Able to Cast Their Votes Is the Essence of Democracy’ —One Wisconsin Institute

MADISON, Wis. — With early voting beginning in numerous cities and municipalities around Wisconsin as result of Federal Judge James Peterson’s decision in One Wisconsin Institute, et. al. v. Thomsen, One Wisconsin Institute lauded the restoration of full early voting rights in Wisconsin.

“Voters being able to cast their ballots as result of our legal victory is the essence of Democracy,” said Scot Ross, Executive Director of One Wisconsin Institute. “This is a huge victory for Wisconsin voters and we are thrilled voters are able to exercise their right to vote.”

Judge Peterson’s decision noted specifically attempts to restrict early voting and a prohibition on weekend voting were done to discriminate against legal voters. Peterson’s ruling was a victory for the rights of Wisconsin voters and a clear repudiation of the five-year crusade of Gov. Scott Walker and the Republican legislature to rig the electoral process for partisan political gain.

Over the course of the two-week court trial held in May, testimony from a Republican insider revealed that, in their private deliberations, GOP state Senators were “giddy” over the prospects of passing a law they believed would discourage voting and help them win elections. The witness, under oath, testified that current Republican Senate President Mary Lazich urged her colleagues to consider the impact of voter ID on areas of the state that have overwhelmingly supported Democratic candidates, including the City of Milwaukee and the state’s college campuses.

Ross concluded, “Our victory in court was a victory for democracy. We proved that the only fraud in our elections are partisan politicians like Gov. Scott Walker and the Republicans manipulating the laws for their own partisan political gain.”

# # #

August 30, 2016
Mike Browne, Deputy Director

One Wisconsin Institute Urges Elections Commission Oversight to Ensure Pro-Voter Federal Court Decisions Enforced

‘Important That Rules on Voting Are as Clear For Election Administrators and Public to Ensure Every Legal Voter Who Wishes to Cast A Ballot Has the Opportunity To Do So’

MADISON, Wis. — One Wisconsin Institute today sent the following letter to the Wisconsin Elections Commission urging them to, “exercise oversight on important issues arising from the decisions of Judge Peterson and the Seventh District Federal Court of Appeals in One Wisconsin Institute, et. al. v. Thomsen finding the state’s implementation of the voter ID requirement was unconstitutional and deciding in favor of plaintiffs on other issues.”

The decision by Federal District Court Judge Peterson and subsequent rejection of the state’s appeal for a stay by a three judge panel of the Seventh Circuit Federal Court of Appeals was a victory for Wisconsin voters, invalidating laws restricting early voting and limiting the number of early voting locations and allowing for the electronic transmission of absentee ballots. In addition the courts have indicated they will monitor the state to ensure legal voters will not be disenfranchised by bureaucratic impediments to obtaining a voter ID.

The text of the letter follows:

Dear Wisconsin Election Commissioners,

I am writing today to encourage the Elections Commission to exercise oversight on important issues arising from the decisions of Judge Peterson and the Seventh District Federal Court of Appeals in One Wisconsin Institute, et. al. v. Thomsen finding the state’s implementation of the voter ID requirement was unconstitutional and deciding in favor of plaintiffs on other issues.

Immediately preceding opening arguments in the trial in federal district court, Gov. Walker’s administration, in an implicit admission of the serious flaws in the ID Petition Process (IDPP), adopted emergency rules intended to allow legal voters to cast their ballot in the November 2016 election.

However, we remain gravely concerned that legal voters who must seek an ID through the IDPP in the days leading up to the election may still be disenfranchised if not provided with a voucher for voting in a timely manner.

For example, what may happen to individuals voting provisionally on Tuesday and needing to present an ID by Friday? Those renewing their driver’s license are provided a receipt from the DMV on the spot. Why do other individuals need to wait five days?

And critically, what if any capacity exists at the Elections Commission to monitor how the DMV is handling requests to ensure they are complying with their state procedure and federal court rulings to prevent legal voters from being disenfranchised in November?

It has also been brought to our attention that the website, myvote.wi.gov, does not provide voters with an option to have an absentee ballot request fulfilled by FAX or email as is now allowed under the One Wisconsin Institute decision. While electronic methods of ballot delivery are permissive, not mandatory, voters ought to be able to access it where available.

It is important that rules on voting are as clear as possible to both administrators and the public to ensure every legal voter who wishes to cast their ballot has the opportunity to do so. In that spirit, we encourage the Elections Commission to use the powers at its disposal in a proactive manner to provide guidance to local election administrators, to ensure that local election administrators are complying with all provisions expanding voter rights under the One Wisconsin Institute decision and to educate the public about their rights and responsibilities to participate in our elections.

Thank you in advance for your prompt attention these issues and your diligence in ensuring the smooth operation of our elections in November.

Sincerely,


Scot Ross
Executive Director, One Wisconsin Institute

# # #

August 22, 2016
Mike Browne, Deputy Director

Latest Efforts to Keep Anti-Voter Measures in Place for November Election

Huge Victory for Wisconsin Voters as District Court Ruling Striking Down Restrictions on Early Voting Stands

MADISON, Wis. — A three-judge panel of the Seventh Circuit Federal Court of Appeals has denied Wisconsin Attorney General Brad Schimel’s request to keep a host of anti-voter laws passed by Gov. Scott Walker and the Republican-controlled legislature in place for the November 2016 election.

Today’s ruling means the earlier decision of Federal District Court Judge James Peterson invalidating numerous laws enacted on Walker’s watch, including restrictions on early voting, stands.

The following are the statements of One Wisconsin Institute Executive Director Scot Ross:

“Judge Peterson’s ruling was a victory for the rights of Wisconsin voters and a clear repudiation of the five-year crusade of Gov. Walker and the Republican legislature to make it harder for Democrats to vote and easier for Republicans to cheat.

“A panel of three judges, appointed by Republican presidents, today rejected the latest efforts of Gov. Walker and Attorney General Brad Schimel to keep in place laws for the November 2016 election that Judge Peterson found ran afoul of the Constitution and were enacted for partisan gain.

“This is a huge victory for Wisconsin voters. We hope municipalities across the state will quickly move forward in offering expanded in-person absentee voting hours to ensure all Wisconsinites are able to exercise their right to vote.”

# # #

August 2, 2016
Mike Browne, Deputy Director

One Wisconsin Institute Files Notice of Appeal in Voter Rights Case

‘We Will Do All We Can to Ensure the Fraud Committed by Scott Walker Against Voters Ends in Wisconsin’

MADISON, Wis. — One Wisconsin Institute today filed a notice of appeal in the federal voting rights lawsuit One Wisconsin Institute Inc., et al v. Mark Thomsen, et al. In his 119-page decision, Judge Peterson wrote, “The evidence in this case casts doubt on the notion that voter ID laws foster integrity and confidence. The Wisconsin experience demonstrates that a preoccupation with mostly phantom election fraud leads to real incidents of disenfranchisement, which undermine rather than enhance confidence in elections, particularly in minority communities. To put it bluntly, Wisconsin’s strict version of voter ID law is a cure worse than the disease.”

“Judge Peterson was clear about the discriminatory intent by Gov. Scott Walker and the Republicans in passing laws to disenfranchise legal voters based on their race or partisan affiliation,” said Scot Ross, One Wisconsin Now Executive Director. “Friday’s decision was a huge victory for Wisconsin voters and we are committed to fully protecting the right to vote from partisan politicians like Gov. Walker.”

Over the course of the two-week court trial held in May, testimony from a Republican insider revealed that, in their private deliberations, GOP state Senators were “giddy” over the prospects of passing a law they believed would discourage voting and help them win elections. The witness, under oath, testified current Republican Senate President Mary Lazich “told her colleagues to consider its impact in the Democratic strongholds of Milwaukee and the state’s college campuses.”

Expert testimony showed that the voter ID law had the effect of discouraging electoral participation among targeted groups and how the GOP has displayed a “consistent pattern” of using allegations of voter fraud for political gain. Numerous witnesses and additional information provided by plaintiffs showed how actual legal voters were unable to obtain an ID now required to vote. Election administrators testified how the series of law changes creates additional barriers to voting and difficulty in running efficient polling places.

“We will do all we can to ensure the fraud committed by partisan politicians like Scott Walker to rig the laws for their personal, political gain at the expense of legal voters ends once and for all in the state Wisconsin,” said Ross.

# # #

July 29, 2016
Mike Browne, Deputy Director

Judge Rules in Favor of One Wisconsin Institute Voter Rights Claims

‘We Argued Gov. Walker Made It Harder for Democrats to Vote and Easier for Republicans to Cheat, and the Judge Agreed’

MADISON, Wis. — Today, federal Judge James Peterson issued a ruling in the federal voting rights lawsuit One Wisconsin Institute Inc., et al v. Gerald Nichol, et al. One Wisconsin Institute and their co-plaintiffs have argued that a series of election law changes made by Gov. Scott Walker and the Republican-led state legislature were meant to and have the effect of making it more difficult to vote in Wisconsin, especially for minorities, young people, and voters who tend to support Democratic candidates.

Republicans defending the challenged provisions have claimed they are necessary to protect against voter fraud, despite the fact that a person is more likely to be struck by lightning than to impersonate a voter. But behind closed doors, Wisconsin legislators discussed how the law would help Republicans by disenfranchising voters in Democratic areas.

Today’s ruling strikes down a number of the challenged provisions restricting voting rights of Wisconsinites, including restrictions on early voting hours and elimination of weekend voting; restrictions on use of student IDs for voting, and the 28-day residency requirement, among other provisions.

In regard to restrictions on hours for in-person absentee voting, the court specifically found that the law “intentionally discriminates on the basis of race…The legislature’s immediate goal was to achieve a partisan objective, but the means of achieving that objective was to suppress the reliably Democratic vote of Milwaukee’s African Americans.”

Scot Ross, executive director for One Wisconsin Institute, offered the following statements in response to today’s ruling:

“We argued Gov. Walker made it harder for Democrats to vote and easier for Republicans to cheat, and the judge agreed.

“The people behind the laws Judge Peterson has struck down sought to put their own partisan interests ahead of the rights of every American — regardless of race, party, or age – to cast their ballot as they so choose.

“Make no mistake about it, this is the strategy that has gone on for decades with Republicans. They want to do everything to create longer lines in urban areas and on college campuses, so that instead of accessing the franchise, voters simply go home because they can’t wait for hours and hours. This is their strategy, and there is not one piece of this attack on voters that can be seen as other than serving that end.”

“As the eyes of the nation are focused on the accomplishments and legacy of our nation’s first African American President and First Lady, Gov. Walker and his legislative allies refuse to accept the expanding diversity of our nation. Rather than make their public policy more inclusive, Republicans instead chose to rig the laws to rig the ballot box.

“Today’s decision is a huge win not only for the plaintiffs but also for democracy itself. We could not be more proud of this victory.”

# # #

June 20, 2016
Mike Browne, Deputy Director

Closing Statements in Federal Voting Rights Case Call for End to Gov. Walker, GOP’s Effort to Rig Elections

The Real Fraud Has Been Exposed: Politicians Manipulating Rules on Voting to Give Themselves an Unfair Partisan Advantage

MADISON, Wis. — Lawyers representing One Wisconsin Institute made their closing statements today in the federal voting rights lawsuit One Wisconsin Institute Inc., et. al. v. Gerald Nichol, et. al. Over the course of the trial, the plaintiffs showed how a series of election law changes made by Gov. Scott Walker and the Republican led state legislature were meant to and have the effect of making it more difficult to vote in Wisconsin, especially for minorities, young people, and voters who tend to support Democratic candidates.

“Gov. Walker and his legislative cohorts have made it easier for Republicans to cheat and harder for Democrats to vote,” commented One Wisconsin Institute Executive Director Scot Ross. “The people behind the laws we are challenging intend to give themselves partisan advantage by suppressing the votes of African Americans, Latinos, and young voters — and the evidence at trial showed it’s working.”

The lawsuit is challenging the voter ID law and other measures like restrictions on early voting hours and locations, elimination of special registration deputies, additional absentee ballot requirements and a prohibition on weekend voting adopted by Gov. Scott Walker and the Republican controlled legislature. Judge James Peterson who heard the case has indicated he may issue his ruling by the end of July.

Over the course of the two-week court trial, testimony from a Republican insider revealed that, in their private deliberations, GOP state Senators were “giddy” over the prospects of passing a law they believed would discourage voting and help them win elections. The witness, under oath, testified current Republican Senate President Mary Lazich “told her colleagues to consider its impact in the Democratic strongholds of Milwaukee and the state’s college campuses.”

Expert testimony showed that the voter ID law had the effect of discouraging electoral participation among targeted groups and how the GOP has displayed a “consistent pattern” of using allegations of voter fraud for political gain. Numerous witnesses and additional information provided by plaintiffs showed how actual legal voters were unable to obtain an ID now required to vote. Election administrators testified how the series of law changes creates additional barriers to voting and difficulty in running efficient polling places.

Ross concluded, “The real voting fraud in Wisconsin has been exposed, and it is these politicians manipulating the rules on voting to give themselves an unfair partisan advantage. Their actions have subverted our democracy and violate federal law.”

# # #
One Wisconsin Institute is a non-partisan, progressive research and education organization dedicated to a Wisconsin with equal economic opportunity for all.


PRESS RELEASES FROM WI Attorney General Brad Schimel
Aug 12 2016

AG Schimel Files Emergency Motion Seeking Stay in One Wisconsin v. Thomsen

MADISON, WI – Today, the Wisconsin Department of Justice, on behalf of the State of Wisconsin, filed an emergency stay motion in the United States Court of Appeals for the Seventh Circuit in One Wisconsin v. Thomsen.
 
On July 29, 2016, the U.S. District Court for the Western District of Wisconsin filed a permanent injunction requiring a vast overhaul of Wisconsin’s election procedures. On August 11, 2016, the District Court stayed the voter ID portion of the injunction.
 
Today, the State of Wisconsin is seeking a stay of the injunction affecting seven election laws related to election logistics. The State seeks the stay because a pending appeal will likely reverse the court’s decision and because the injunction would impose substantial harm on the State, its election officials, and the public.
 
Copies of the relevant court filings are attached.


Aug. 11, 2016

U.S. District Court for the Western District of Wisconsin Stays Permanent Injunction in One Wisconsin v. Thomsen

MADISON, WI – Today, the United States District Court for the Western District of Wisconsin granted a partial stay of a recent ruling in One Wisconsin v. Thomsen, which struck down part of Wisconsin’s voter ID law.
 
“For the second time in three days, a court has granted our motion for stay in a case challenging Wisconsin’s voter ID laws and we are very pleased with this Court’s decision to allow this law to be in effect for the November 2016 election,” said Attorney General Brad Schimel. “I will continue to fight for the State of Wisconsin and to defend its laws before the courts.”

Aug. 10, 2016

U.S. Court of Appeals for the Seventh Circuit Stays District Court’s Decision in Frank v. Walker

MADISON, WI – Today, the United States Court of Appeals for the Seventh Circuit issued a stay of Judge Lynn Adelman’s recent ruling in Frank v. Walker, which struck down part of Wisconsin’s voter ID law.
 
In staying Judge Adelman’s decision, the U.S. Court of Appeals for the Seventh Circuit concluded, “both that the district court’s decision is likely to be reversed on appeal and that disruption of the state’s electoral system in the interim will cause irreparable injury.”
 
The Court added, “Because the district court has not attempted to distinguish genuine difficulties of the kind our opinion mentioned, or any other variety of substantial obstacle to voting, from any give voter’s unwillingness to make the effort that the Supreme Court has held that a state can require, there is a substantial likelihood that the injunction will be reversed on appeal.”
 
“We are pleased with the U.S. Court of Appeals for the Seventh Circuit’s decision to grant our motion for stay in Wisconsin’s voter ID case,” said Attorney General Brad Schimel. “I will continue to represent the State of Wisconsin and defend the rule of law until the case is resolved.”
 

Aug 3 2016

AG Schimel Files Stay Motion in Voter ID Decision in One Wisconsin v. Thomsen

MADISON, WI – Today, the Wisconsin Department of Justice, on behalf of the State of Wisconsin, filed a motion staying the permanent injunction and ruling in the United States District Court for the Western District of Wisconsin in One Wisconsin v. Thomsen.
 
On July 29, 2016, the United States District Court for the Western District of Wisconsin filed a permanent injunction requiring a vast overhaul of Wisconsin’s election procedures. The State of Wisconsin is seeking a stay of the injunction due to a pending appeal that will likely reverse the court’s decision. Not staying the current injunction would cause major disruption and voter confusion that would require changes to election procedures and informing the public of those changes, only to have the procedures change back.
 

Aug 1 2016

AG Schimel Files Emergency Motion Seeking Stay in Voter ID Case

MADISON, WI – Today, the Wisconsin Department of Justice, on behalf of the State of Wisconsin, filed an emergency stay motion in the Court of Appeals for the Seventh Circuit in Frank v. Walker.
 
On July 19, 2016, the United States District Court for the Eastern District of Wisconsin filed a preliminary injunction requiring the State to adopt an affidavit exception to Wisconsin’s voter identification law for the November 2016 election. The State of Wisconsin is seeking a stay of the decision to avoid subjecting the State and the public to substantial and irreparable harm.


Jul 22 2016

Attorney General Brad Schimel Appeals Voter ID Decision

MADISON, WI – Today, the Wisconsin Department of Justice (DOJ), on behalf of the State of Wisconsin, appealed the preliminary injunction entered in the United States District Court for the Eastern District of Wisconsin on July 19, 2016, requiring the State to adopt an affidavit exception to Wisconsin’s voter identification law for the November 2016 election. Along with the appeal, DOJ also filed a motion in district court seeking a stay and moved the court to expedite its decision on its motion seeking the stay.
 
Under Wisconsin law, any eligible voter who applies for a free photo ID at the Wisconsin Division of Motor Vehicles (DMV) will receive such an ID for voting purposes within six days, which will be automatically renewed through the November election. Even after November, each eligible voter will continue to have a free photo ID unless the DMV makes a finding of fraud, ineligibility, or refusal to respond to repeated DMV inquires for six months, or the voter specifically requests cancellation of the DMV process. Under this robust process, any eligible Wisconsin voter can obtain a free photo ID for voting purposes using reasonable efforts, making the district court’s affidavit procedure entirely unnecessary.
 
In its motion seeking a stay, DOJ explained that the district court’s decision is contrary to binding precedent from the United States Supreme Court and the Court of Appeals for the Seventh Circuit. The district court’s affidavit procedure creates a loophole in Wisconsin’s voter ID law, incorrectly informing voters that they can vote without a photo ID, even if they have not made any reasonable efforts to obtain such an ID. For instance, under the court’s ruling, if voters explain on their affidavit that they simply did not want to go to the DMV, those voters could still vote, despite the fact that the United States Supreme Court has rejected that specific argument. As the Supreme Court has held: “making a trip to the [D]MV, gathering the required documents, and posing for a photograph” is not a substantial burden on the right to vote. Rather, this is an entirely reasonable, modest requirement, which is properly designed to ensure the integrity of elections and public confidence in the fairness of the results.


Battle Ongoing Since 2011

Office of Gov. Scott Walker
May 25, 2011

Governor Scott Walker Signs Photo ID into Law

Common Sense Legislation was Championed by Senator Leibham and Representative Stone

Madison – Governor Scott Walker signed AB 7 into law, today which requires a photo ID to vote. “Today I was thrilled to sign legislation into law that I worked on 10 years ago, which will go a long way to protecting the integrity of elections in Wisconsin,” said Governor Walker.  “According to the Wisconsin Department of Transportation in our state there are just under 4.5 million drivers licenses and state issued ID cards, and according to the Government Accountability Board there are just under 3.5 million registered voters. Senator Leibham and Representative Stone have provided leadership on this issue for years, and because of their efforts I was able to sign this common sense reform.”

“It is hard to believe it took this long for such a common sense bill to become law. I would like to thank the Governor for signing the bill and in particular would like to thank Senator Leibham for all the time and effort he and his staff have put into making the photo ID law a reality,” commented Representative Stone. “In all my time as a legislator, there really has been no other item that so many people wanted to see passed into law. Today marks a milestone in our effort to protect the integrity of our election process. We now will have the confidence that everyone that wants to cast a vote can and that no one’s vote will be taken from them.”

“The goal of the legislation is to add an additional and reasonable safeguard to our election process while ensuring that no legal and responsible voter will be denied the right to cast a ballot and have it counted,” Senator Leibham said.  “The vast majority of the residents of the State of Wisconsin support this common sense reform and I appreciate the work of Representative Stone, Senator Mary Lazich, Representative Gary Tauchen and Governor Walker to move this initiative forward on behalf of our citizens.”

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Assembly Bill 7...Act 23


AFL-CIO
May 25, 2011

Gov. Scott Walker Signs Destructive Voter Suppression Bill

WASHINGTON, May 25 – Today Wisconsin Governor Scott Walker signed Act 22, a bill restricting voting rights for hundreds of thousands of Wisconsinites. In a speech last week to the National Press Club, AFL-CIO President Richard Trumka highlighted this bill as further efforts by the governor to silence the voice of those who disagree with his overreaching agenda.

Excerpts from May 20th speech: "In state after state, politicians are attacking voting rights by imposing ID requirements, shortening early voting periods, blocking young people from voting because they're too 'liberal' and even levying criminal penalties and fines for breaking arbitrary rules in the voter registration process.  So it will be harder for people to vote—especially the least privileged among us. Just in Wisconsin, listen to the list of who doesn't have state-issued photo IDs that will be needed to cast a ballot under legislation that Gov. Scott Walker will sign next week: 23 percent of elderly Wisconsinites; 59 percent of Latina women; 55 percent of African American men overall; and 78 percent of African American men who are 18 to 24 years old.

"All these incredible events should be understood as part of a single challenge. It is not just a political challenge—it's a moral challenge.  Because these events signal a new and dangerous phase of a concerted effort to change the very nature of America—to turn this into an 'I've got mine' nation and replace the land of liberty and justice for all with the land of the rich, by the rich, for the rich."

Below is the release from the Wisconsin State AFL-CIO in response to today's actions by the governor.

Voter ID Bill is morally wrong

Continuing his attack on the people of Wisconsin, Gov. Walker signs Act 22, restricting voting rights for hundreds of thousands of Wisconsinites

(Madison, WI) – With one stroke of his pen at 12:30 pm on Wednesday May 25, 2011, Gov. Walker stripped hundreds of thousands of Wisconsinites of their constitutional right to vote.  Despite no systematic evidence of voter fraud, Gov. Walker and his GOP allies decided to make voter suppression a top priority for the state, fast tracking the bill before recall elections could occur against GOP Senators this summer and further illustrating that many in the Legislature are working for themselves instead of the people of Wisconsin.    

Before we ask where are the jobs?  Let's take a look at who this Act will affect: According to a 2005 study by UW Milwaukee Driver License Status of Voting Age Population  those without state-issued photo ID who would need to obtain one to vote include: 

·         23 percent of elderly Wisconsinites over the age of 65
·         17 percent of white men and women
·         55 percent of African American males and 49 percent of African American women
·         46 percent of Hispanic men and 59 percent of Hispanic women
·         78 percent of African American males age 18-24 and 66 percent of African American women age 18-24

"Why are we making it harder for the people of Wisconsin to participate in their democracy?" asked Stephanie Bloomingdale, Secretary-Treasurer of the Wisconsin State AFL-CIO.  "Why are we confusing voters, disenfranchising voters and denying thousands of Wisconsinites their voice in the electoral process?  I had hoped that in 2011, the principle of universal suffrage would be beyond debate but in Scott Walker's world that is not the case.  We need our elected officials to focus on job creation and a fair economy, not address a manufactured problem of voter fraud." 

"It is clear that the intentions behind the voter suppression law are to silence large portions of the population who tend to vote against Republicans," explained Phil Neuenfeldt, President of the Wisconsin State AFL-CIO.    "Act 22 will deny access to the polls for many legitimate voters who have every right to cast their ballots and have them counted. To make it more difficult for someone to be heard in a democracy, simply because you do not like what they have to say is shameful." 

Contact: Josh Goldstein


League of Women Voters of Wisconsin Education Network
FOR IMMEDIATE RELEASE
Contacts:
Andrea Kaminski, LWV
Lester Pines, Cullen Weston Pines & Bach
October 20, 2011

LEAGUE FILES VOTER ID LAWSUIT

MADISON: The League of Women Voters of Wisconsin Education Network today filed suit in Dane County Circuit Court, challenging Wisconsin's new voter ID law based on the state constitution. As a nonpartisan organization that encourages participation in government, the League is concerned about the many eligible citizens who will be disenfranchised by the new law. The League is working with attorneys Lester Pines and Susan Crawford of Cullen Weston Pines & Bach, LLP, to challenge the legislature's authority to enact the law.

“Founded by the suffragists who won the right to vote for women in 1920 after a decades-long struggle, the League of Women Voters believes voting is a fundamental citizen right that must be guaranteed. We are appalled by the stories the League is hearing about the barriers people are facing in trying to obtain an acceptable ID,” said Melanie G. Ramey, president of the Wisconsin League.

This challenge is different from lawsuits brought in other states against voter ID laws because it is based on the Wisconsin Constitution. The suffrage, or voting, portion of the state constitution defines who may vote (citizens, at least 18 years of age, residents of WI) and specifies the permitted subjects relating to suffrage on which the legislature may enact laws: defining residency; providing for voter registration; providing for absentee voting; excluding felons and persons adjudicated incompetent from suffrage; and extending the right of suffrage to additional persons.

“The Wisconsin Constitution only allows the legislature to exclude the two named classes from voting – felons and people ruled incompetent. The new law creates a third class of citizens who may not vote - people who do not have ID. This lawsuit challenges the legislature’s authority to enact such a law,” said Lester Pines,

“Some people say that you have to show ID to use the library, cash checks, and so on. That is very different than a right that is guaranteed by the constitution of the state or federal government. Those transactions are generally based on personal business decisions of companies or other entities. They are not rights of citizenship,” Ramey said.

The League of Women Voters of Wisconsin Education Network is a nonprofit, nonpartisan membership organization that promotes informed and active participation in government. Through member-led research, education and advocacy, the League works to improve public participation in the democratic process and to champion public policy goals that are beneficial to all. There are 16 local Leagues in Wisconsin. More information at www.lwvwi.org.

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ACLU
December 13, 2011

ACLU FILES LAWSUIT CHALLENGING WISCONSIN'S UNCONSTITUTIONAL VOTER ID LAW

MILWAUKEE, Wis. – The American Civil Liberties Union, the ACLU of Wisconsin and the National Law Center on Homelessness & Poverty today filed a federal lawsuit charging that Wisconsin’s voter ID law is unconstitutional and will deprive citizens of their basic right to vote. The lawsuit is the only active federal challenge against a voter ID law, the most common type of legislation that is part of a nationwide attack on the right to vote.

“This lawsuit is the opening act in what will be a long struggle to undo the damage done to the right to vote by strict photo ID laws and other voter suppression measures,” said Jon Sherman, an attorney with the ACLU Voting Rights Project. “Across the nation, legislators are robbing countless American citizens of their fundamental right to vote, and in the process, undermining the very legitimacy of our democracy. We intend to redirect their attention to the Constitution.”

The complaint says that allowing only certain types of photo ID imposes a severe burden on the right to vote in violation of the Equal Protection Clause of the 14th Amendment. It also states that the law violates the 24th and 14th amendments because it effectively imposes an unconstitutional poll tax. The lawsuit was filed the same day that U.S. Attorney General Eric Holder was scheduled to speak about the importance of ensuring equal access to the ballot box.

“The state of Wisconsin has created a voter ID system that is making it very hard or impossible for residents to exercise their cherished right to vote,” said Larry Dupuis, legal director of the ACLU of Wisconsin. “Countless Wisconsin residents, including veterans, minority voters and seniors who have been voting for decades, will be turned away from the polls under this law’s restrictive photo ID requirements. Our lawsuit aims to block this unconstitutional law so that Wisconsin can continue its proud tradition of high participation in elections.”

The law will also have a severe impact on homeless voters, many of whom do not have photo identification.

“Protecting homeless persons’ right to vote is crucial, since voting is one of the few ways that homeless individuals can impact the political process and make their voices heard,” said Heather Johnson, civil rights attorney at the National Law Center on Homelessness & Poverty. “By limiting participation to Wisconsin residents with photo identification, this law effectively silences homeless persons’ voices. With homelessness rising by 12 percent in Wisconsin since the recession began, we cannot allow the state to set this dangerous and unconscionable precedent.”

The ACLU and the Law Center filed the complaint in the U.S. District Court for the Eastern District of Wisconsin on behalf of 17 eligible Wisconsin voters who may not be able to vote under the law. They include:

- Ruthelle Frank, 84, of Brokaw, who does not have a birth certificate. When she was born at home in 1927, her mother recorded her birth in the family Bible. Under Wisconsin’s law, she is unable to obtain an ID needed to vote. She herself is an elected official, having served on her village board since 1996.
“I have exercised my right to vote in every election since 1948,” Frank said. “I should not suddenly be barred from voting just because I don’t believe in paying for identification in order to vote. That’s like a poll tax and sends this country back decades ago when it comes to civil rights.”

- Carl Ellis, 52, is a U.S. Army veteran living in a homeless shelter in Milwaukee. His only photo ID is a veteran ID card, which is not accepted under the law.
“If I can serve my country, I should be able to vote for who runs it,” Ellis said. “Veterans and others who do not have a certain type of photo ID should not be kept from voting. These laws are undemocratic and un-American.”

- Anthony Sharp, 19, is an African-American Milwaukee resident who does not have any of the accepted forms of photo ID under the law. Sharp, who lives with his family, does not have income needed to purchase a $20 certified copy of his birth certificate in order to vote.
“You shouldn’t have to pay all this money to be able to vote,” he said. “I’m a citizen and was excited about voting, but I don’t have the money to pay for all these documents. Every American must be able to vote, not just those who can afford to get an ID.”

The 2011 Wisconsin Act 23 was signed into law May 25 and is effective starting with the state’s primary in February. Under the law, Wisconsin voters will need to present a certain type of photo ID, which many eligible voters do not have. Many photo ID alternatives are excluded. For example, the law does not allow technical college and veteran ID cards. More than 380,000 students are in Wisconsin’s technical college system, and over 15 percent of them are minorities.

Voter suppression laws disproportionately affect minorities, the elderly, students, people with disabilities, and low-income and homeless voters. In addition to Wisconsin, six other states recently passed voter ID laws: Alabama, Kansas, Rhode Island, South Carolina, Tennessee and Texas. Other voter suppression measures that have been enacted nationwide include limiting the early voting period, eliminating same-day or Election Day registration, and restrictions on those who help register people to vote.

The ACLU has also submitted comment letters to the U.S. Department of Justice regarding discriminatory voting laws in South Carolina and Texas and has intervened in court cases in which North Carolina and Alabama are challenging the constitutionality of the Voting Rights Act. The ACLU also filed motions to intervene in similar cases filed by Arizona and Georgia.

Attorneys on the case include Jon Sherman, Laughlin McDonald and Nancy Abudu of the ACLU Voting Rights Project, Larry Dupuis and Karyn Rotker of the ACLU of Wisconsin and Heather Johnson and Karen Cunningham of the National Law Center on Homelessness & Poverty.

To read a copy of the complaint, go to: www.aclu.org/voting-rights/frank-v-walker-complaint

For more information about voter suppression, including a video of Frank, go to:
www.aclu.org/voter-suppression-america

ACLU - Frank v. Walker: Fighting Voter Suppression in Wisconsin


Also:
Milwaukee Branch of the NAACP v. Walker filed  in the Dane County Circuit Court on Dec. 16, 2011