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[WI] Judge rules voter ID law unconstitutional [makes temp injunction permanent]
Milwaukee Journal Sentinel ^ | 3/12/2012 | The Associated Press and Patrick Marley

Posted on 03/12/2012 12:39:19 PM PDT by Hunton Peck

Madison - A Dane County judge permanently enjoined the state's new voter ID law on Monday - the second judge in a week to block the requirement that voters show photo identification at the polls.

"A government that undermines the very foundation of its existence - the people's inherent, pre-constitutional right to vote - imperils its legitimacy as a government by the people, for the people, and especially of the people," said the eight-page opinion by Dane County Judge Richard Niess. "It sows the seeds for its own demise as a democratic institution. This is precisely what 2011 Wisconsin Act 23 does with its photo ID mandates."

Niess' ruling goes further than the one issued by another judge last week because it permanently halts the law. Tuesday's order by Dane County Judge David Flanagan blocked the law for the April 3 presidential primary and local elections, but not beyond that.

The latest order may make it harder for the state to put the voter ID law into effect before the April 3 election because it would have to win two appeals in less than four weeks. Attorney General J.B. Van Hollen has asked for a stay of the earlier order, and he is expected to appeal it this week.

Kevin Kennedy, director of the state Government Accountability Board, said his election agency is telling local clerks to keep training to implement the law so they're prepared to do so if it's suddenly restored.

"We'll just live with what is there," Kennedy said.

Whether Wisconsin's photo ID law will stand is widely considered to be decided by a higher court - a point the judge in the case made from the bench during a hearing Friday. There are four lawsuits pending against it - two in Dane County court and two...

(Excerpt) Read more at jsonline.com ...


TOPICS: Breaking News; Constitution/Conservatism; Crime/Corruption; Front Page News; Politics/Elections; US: Wisconsin
KEYWORDS: 2012; aliens; corruption; corruptjudge; democratcorruption; democrats; democratvoterfraud; electionfraud; elections; fascistjudiciary; fraud; impeach; judicialcorruption; judicialtyranny; liberals; niess; progressives; richardniess; scottwalker; tyranny; unionjudge; votefraud; voterid; votingrightsact; wisconsin
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Different judge, but just as dishonest and stupid.

AG Van Hollen has said he'll appeal.

1 posted on 03/12/2012 12:39:23 PM PDT by Hunton Peck
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To: Hunton Peck
Appeal?

Appeal?

The best appeal is a bucket of hot tar, a sack of feathers and a pole.

2 posted on 03/12/2012 12:45:20 PM PDT by eCSMaster (Conservative patriots, Rise up!)
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To: Hunton Peck

I’m really concerned about the Federal government’s overreach.

California voters pass an initiative to enshrine marriage as between a man and woman, the 9th Circus considers it unconstitutional.

Texas legislators pass a law to make it mandatory to produce identification before you can vote. The courts, again, intercede and call is unconstitutional.

Now Michigan voters are disenfranchised by a judiciary Hell bent on a political agenda under the guise of constitutionality.

At what point did it become unconstitutional to validate the verity of a person’s claim to vote? At what point did it become unconstitutional to ensure that a voter is, in fact, a member of the American electorate and not some foreign usurper stuffing a ballot box?

Obama must be arrested and jailed for the rest of his life for a list of crimes against Americans that I cannot possible begin to enumerate here, and his corrupt, sycophant AG needs to go with him to the clink. They can share a mattress and dream of better days when free love meant more than dropping the soap when Bubba was on the prowl.


3 posted on 03/12/2012 12:46:44 PM PDT by rarestia (It's time to water the Tree of Liberty.)
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To: Hunton Peck

Correction/clarification: This is a different case from the one in which a temporary injunction was issued last week. In that one, the principal plaintiff was the NAALCP; in this one, it’s the League of Leftist Women Voters.


4 posted on 03/12/2012 12:46:52 PM PDT by Hunton Peck (See my FR homepage for a list of businesses that support WI Gov. Scott Walker)
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To: Hunton Peck
And yet, in Hawaii. To get a drivers license you have to bring 3 proofs of identification. lol

Just spoke with a friend over there, who told me about this.

My goodness, they really need to close their borders. lol Those hispanics swimming over there now? another rofl.

America has gone 99% NUTS.

5 posted on 03/12/2012 12:47:41 PM PDT by annieokie
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To: Hunton Peck

I’ve not been a big supporter of document production at polling stations, but where the majority or their representatives have spoken, I don’t see what constitutional grounds you object to it on.

States provide an I.D. that works like a driver’s license but doesn’t provide permission to drive. Nobody is being denied the right to have a valid I. D., so where’s the beef.

I suppose someone could say they refuse to get an I. D., but then how do you tell them from an illegal alien?

One solution would be to get the illegal aliens out of our nation, but we haven’t had any success with that.


6 posted on 03/12/2012 12:48:53 PM PDT by DoughtyOne (Abortion? No. Gov't heath care? No. Gore on warming? No. McCain on immigration? No.)
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To: Hunton Peck
I wonder how this Judge feels about the pre-constitutional right to keep and bear arms?

Can restrictions be placed on that right?

7 posted on 03/12/2012 12:52:26 PM PDT by Mikey_1962 (Obama: The Affirmative Action President.)
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To: DoughtyOne

“One solution would be to get the illegal aliens out of our nation, but we haven’t had any success with that.”

At best that’s only a partial solution anyway. There would still be people voting at multiple precincts, people voting where they don’t reside (especially students), and voting felons.


8 posted on 03/12/2012 12:52:34 PM PDT by Hunton Peck (See my FR homepage for a list of businesses that support WI Gov. Scott Walker)
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To: Hunton Peck

Well then I guess this means it is “unconstitutional” for me to have to present an ID to exercise my right to buy, own or carry a gun.

How can you have the rule that one right is constitutional to infringe on by requiring an ID while another right it is “unconstitutional” to require an ID?

Saying that requiring an ID to vote is unconstitutional means that all rights are protected from such things. SO this means that any right is free from producing an ID to exercise.

Or am I missing something here?


9 posted on 03/12/2012 12:53:27 PM PDT by Jack Burton007 (This is Jack Burton in the Pork Chop Express, and I'm talkin' to whoever's listenin' out there.)
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To: Hunton Peck

Maybe tourists can vote now. Come to America, cast a ballot!


10 posted on 03/12/2012 12:55:01 PM PDT by Rinnwald
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To: Jack Burton007

I guess liberals think that only rich, white people should have a right to defend themselves.


11 posted on 03/12/2012 12:55:59 PM PDT by Hunton Peck (See my FR homepage for a list of businesses that support WI Gov. Scott Walker)
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To: Hunton Peck

I think that we have already established that the courts have ceased to function in Dane county.


12 posted on 03/12/2012 12:56:18 PM PDT by JohnBrowdie (http://forum.stink-eye.net)
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To: Hunton Peck
"A government that undermines the very foundation of its existence - the people's inherent, pre-constitutional right to vote - imperils its legitimacy as a government by the people, for the people, and especially of the people," said the eight-page opinion by Dane County Judge Richard Niess. "It sows the seeds for its own demise as a democratic institution. This is precisely what 2011 Wisconsin Act 23 does with its photo ID mandates."

Based on that broad an "interpretation" (well, a better word for it would be "invention"), there is no way that a dastardly and heinous act such as requiring people to register before voting can possibly be permissible under the Constitution. Obviously, requiring voter registration is a hurdle that would have a disparate impact on minorities, which would undermine the very foundation of the government's legitimacy. On the other hand, enabling vote fraud is entirely in keeping with the highest principles of our cherished Democratic institutions, and must therefore be enshrined into law.

/s

13 posted on 03/12/2012 12:58:58 PM PDT by The Electrician ("Government is the only enterprise in the world which expands in size when its failures increase.")
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To: Hunton Peck
"A government that undermines the very foundation of its existence - the people's inherent, pre-constitutional right to vote - imperils its legitimacy as a government by the people, for the people, and especially of the people,"

What of "the people's inherent, pre-constitutional right to [have their] vote [s] " honestly counted? Does not counting illegal votes imperil the legitimacy of government "by the people" instead of by ballot stuffers?

Why is one form of disenfranchisement less worthy of protection than the other?


14 posted on 03/12/2012 1:00:15 PM PDT by nathanbedford ("Attack, repeat, attack!" Bull Halsey)
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To: Hunton Peck
If requiring ID for the basic mainstay of our society - the vote - is "unconstitutional", then ANYTHING in a "free society" requiring ID should be "unconstitutional".

Meanwhile, obamacare is heading toward National ID cards, what's up with that? They'll try to use that as ID to vote, but obamacare also states that all non-Americans, legal or otherwise, will be given obamacare, and thus, and ID card.

And you thought obamacare was just for medicine...ha ha.
15 posted on 03/12/2012 1:01:23 PM PDT by FrankR
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To: Hunton Peck

Libs will never give in on this - it’s all they have left.

Can we just dip our finger into a jar of sterile, non-allergenic purple dye after we vote — whose right would that violate?


16 posted on 03/12/2012 1:01:29 PM PDT by Heart of Georgia
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To: Hunton Peck

re: “”A government that undermines the very foundation of its existence - the people’s inherent, pre-constitutional right to vote - imperils its legitimacy as a government by the people, for the people, and especially of the people,” said the eight-page opinion by Dane County Judge Richard Niess. “It sows the seeds for its own demise as a democratic institution. This is precisely what 2011 Wisconsin Act 23 does with its photo ID mandates.”

No, he’s got it completely backward - it’s his act of stopping this law going into effect that “imperils it’s legitimacy”. Asking for proof of ID is not “sowing the seeds of it’s own demise” - it’s actually legitimizing elections. What absolute insanity!!


17 posted on 03/12/2012 1:01:46 PM PDT by rusty schucklefurd
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To: Hunton Peck

Just ignore him. They should tell the judge to try and enforce it.


18 posted on 03/12/2012 1:01:55 PM PDT by Hoosier-Daddy ( "It does no good to be a super power if you have to worry what the neighbors think." BuffaloJack)
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To: Hunton Peck

If people have an absolute right to vote without any regulations imposed upon that right then I write we have the right to vote as often as we want and without restriction. I should not have to register at all. Just tell the poll workers I am over 18.


19 posted on 03/12/2012 1:05:43 PM PDT by lastchance ("Nisi credideritis, non intelligetis" St. Augustine)
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To: Hunton Peck

“pre-constitutional right to vote”

That’s a new term to me.

“Pre-Constitution” would mean the period of time in which the colonies were ruled by a monarchy. There was no such right to vote; furthermore, it was restrictions on voting and representation that led to the revolution.

The judge is an idiot.


20 posted on 03/12/2012 1:12:30 PM PDT by kidd
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