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, 20
11
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.”
###
____________________
Assembly
Bill
7...Act 23
AFL-CIO
May 25, 20
11
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.
###
ACLU
December 13, 20
11
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,
20
11