Skip to comments.[WI] Judge rules voter ID law unconstitutional [makes temp injunction permanent]
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 ...
From the article:
“Flanagan determined Wisconsin’s voter ID law was the most restrictive in the country based on testimony from Ken Mayer, a University of Wisconsin-Madison political science professor. Mayer has estimated there are more than 220,000 Wisconsin residents who do not have photo IDs but who are otherwise qualified to vote.”
Wisconsin has 3,493,711 registered voters. 6.3% of those voters are registered, but don’t have IDs.
Proof of Residence
The following constitute acceptable Proof-of-Residence if the document contains your current name and address and is valid on Election Day (unless otherwise indicated):
A current and valid Wisconsin driver license.
A current and valid Wisconsin identification card.
Any other official identification card or license issued by a Wisconsin governmental body or unit.
Any identification card issued by an employer in the normal course of business and bearing a photo of the card holder, but not including a business card.
A real estate tax bill or receipt for the current year or the year preceding the date of the election.
A residential lease which is effective for a period that includes election day (NOT for first-time voters registering by mail).
A university, college or technical institute identification card (must include photo), ONLY if the bearer provides a fee receipt dated within the last nine months or the institution provides a certified housing list to the municipal clerk.
A gas, electric or telephone service statement (utility bill) for the period commencing not earlier than 90 days before election day.
A check or other document issued by a unit of government.
One (imperfect) test would be to converse with them in English for a few seconds. If they have trouble with routine language, or if they can't speak English intelligibly, then they should be flagged for further scrutiny. Ah, but that would be "profiling," wouldn't it?
Yes, illegal aliens aren't allowed by law to vote anywhere in the United States, but the same applies to legal aliens. One must be, at the minimum, a citizen of the United States to vote, even though such a requirement might be viewed as potentially damaging to the 'Rats' electoral chances. So pro-'Rat judges like this guy in Wisconsin are effectively weakening a wise law for purely political purposes. That's legislating from the bench.
This just happened to Texas’ new law, too. By the Marxist Obamanation administration, though.
And yes, our AG is taking it to court as well.
Absolute garbage. There is nothing stopping anyone citizen from getting a photo ID, so requiring one does nothing to stop anyone from voting.
This is clearly about enabling voter fraud, which is a demographic that always favors the Democrats, but everyone here knew that anyway.
Here's a question for all of you legal experts out there. Is there any way the governor and legislators can bypass this ruling and proceed with requiring photo IDs to vote?
Where is the “right” to vote found?
I’ve got it. If a child is born in this country and at least one of the parents has a valid picture ID, the child is given a photo ID. Problem solved. Wonder if I can get a job with the Feds?
“Where is the right to vote found?”
The same place as the “right to privacy”.
Wisconsin Voter ID Temporary Injunction Made Permanent!
FReep Mail me if you want on, or off, this Wisconsin interest ping list.
And we are just standing on the street corner watching it happen sadly........
why not just copy word for word the law that the USSC has upheld?
This is already decided law. Voter ID is constitutional.
Bastard liberals! I hate every single one of them. I hope that Walker & the AG put an all-out court press to get this expedited to the Wisc Supreme Court... 4 conservatives to 3 libturds. Plus I thought the USSCOTUS already ruled in favor of photo ID voting requirements?
You can not have a federal bankruptcy case without a government issued photo ID and proof of social security number.
Yet voting is a free for all.
There is no Federal Constitutional right to vote for President.
Individual states decide how to select the electors for the Electoral College, and may confer upon citizens the right to vote for the electors.
I guess protecting the vast majority of taxpayers from voter fraud is Unconstitutional.
Ummm.... actually, after 1776/77 the colonies had the Articles of Confederation for about 10 years before the Constitutional Convention.
“Trust but verify.” - Ronald Reagan