Wisconsin Voter ID Law: Judge To Hear Challenge This Week

By Brendan O'Brien

MADISON, Jan 16 (Reuters) - A Wisconsin judge will hear a legal challenge this week to the state's new controversial voter photo identification law.

Lawyers for The League of Women Voters, which says the measure violates the state constitution by disenfranchising eligible voters, present oral arguments against the law in a Dane County Circuit Court on Thursday.

Their lawsuit is asking the court to block implementation of the law, passed by a Republican-controlled legislature last year. It requires voters to present identification such as a driver's license at polling places for federal, state and local elections.

The suit argues the state constitution allows only convicted felons and mentally incompetent people to be excluded from voting.

The new law creates a third class of people, those who do not have identification, and would largely affect minorities and the elderly, the suit says.

Supporters of the law, which is set to be in full effect in time for the November presidential vote, say it is necessary to ensure the integrity of elections.

They note that the measure requires the state motor vehicles department to waive the $28 fee for state IDs for people who are obtaining them to vote.

But the lawsuit says to get the free state ID, voters must present the motor vehicles department with a birth certificate, passport or other documentation, none of which are free, and so the requirement represents an illegal poll tax.

Thirty states require voters to show some form of ID before voting, according to the National Council of State Legislatures.

In 14 of those states, including Wisconsin, the ID must include a photo.

The voter ID measure was part of a raft of legislation backed by Republican Gov. Scott Walker that triggered mass protests in Madison last winter and prompted a fierce political backlash from Democrats and union supporters. (Editing by James B. Kelleher and Ellen Wulfhorst)

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Comments

[mikevab]

10:13 AM on 01/17/2012

Republicorp says that these laws are to protect us from voter fraud. Can anyone give an example of prosecuted voter fraud in resent years? This is a rouse made-up by the Repugnantcons to suppress the vote of those who would oppose them.

[rysagr]

09:15 PM on 01/17/2012

http://www.foxnews.com/politics/2012/01/17/voter-fraud-normal-political-tactic-in-upstate-ny-city/here you go

[plzchuteme]

09:20 AM on 01/17/2012

When I walk into a bank, do I have to prove that I am not there to rob it? Then, why must I prove that, when I go to vote, I am not there to commit fraud? If you suspect that I am not who I say I am, sign out a criminal complaint and we'll settle it in court. Otherwise, "Don't tread on me!"

In the meantime, you might want to think about proving to me that the poll workers are competent,(not all are) honest, the voting machines are on the up-and-up and are infallible, that some some partisan, ethically challenged, county clerk is not going to take my vote home with her for who-knows-what reason, and that tabulators, election judges, canvassers, and supreme court justices are politically neutral and honest as the day is long.

[brt929]

09:32 AM on 01/17/2012

Fanned.  Great point.

[hatrickpenry]

09:40 AM on 01/17/2012

When you walk into that same bank, try to conduct any legal business, refuse to produce an ID when requested, and see how far that gets you.

[plzchuteme]

09:46 AM on 01/17/2012

You fail to realize that it is not my right to conduct any legal business with that bank. It is my right to vote.

[92102]

07:57 AM on 01/17/2012

An interesting little factoid....... Iowa Republicans pushed through a voter ID law, but said ID was not necessary to vote in the Republican caucuses. How ironic is that?

[92102]

07:52 AM on 01/17/2012

Tell me this isn't trying to surpress the younger vote..... The new voter ID law in Texas says a college ID (from say Texas A&M) is not valid for voting, but a gun permit is. Does that make sense?

[hatrickpenry]

09:42 AM on 01/17/2012

What's required to obtain a college ID, compared to a gun permit?

[mikevab]

10:04 AM on 01/17/2012

You don't need a birth certificate to get a gun permit. Many collages do require birth certificates or other proof of age to be enrolled.

[rysagr]

09:16 PM on 01/17/2012

you don't have to be a resident to go to college.

[wmacdaniel]

05:54 AM on 01/17/2012

nothing WRONG with having to show an ID to vote. I think it's a GREAT idea and it will stop YEARS of DEM voter Fraud

[baldguy]

05:56 AM on 01/17/2012

you sound like a real bright fella

[Just a passerby]

06:34 AM on 01/17/2012

riiiiight. Said voter fraud evidenced by . . . what, exactly?

[hatrickpenry]

09:43 AM on 01/17/2012

Didn't James O'Keefe just prove that it exists in New Hampshire?

[Snarkadelic]

01:20 AM on 01/17/2012

It's not who votes, but who counts the votes.

Trust no Republican when it comes to elections. To them, cheating is a way of life.

[fo3angels]

09:20 AM on 01/17/2012

Are you referring to Ohio, 2004, the general election?

[Snarkadelic]

03:23 PM on 01/17/2012

Indeed, that's one example.

[Snarkadelic]

01:06 AM on 01/17/2012

Five myths about new voter ID laws across the country:

In "The Breakfast Club," a geeky high school student says he procured a fake ID not to buy beer, but to vote. But are new photo ID laws in Alabama, Kansas, South Carolina, Tennessee, Texas and Wisconsin really necessary to stop widespread fraud? Or are such laws just another conservative scheme to oppress young people and minorities and limit Democratic turnout? Let's put aside what we think we know about the ballot box and find out.

http://www.statesman.com/opinion/five-myths-about-new-voter-id-laws-across-1906248.html?printArticle=y

[wmacdaniel]

06:04 AM on 01/17/2012

Snark take a good look at places like Chicago where the dead have been voting straight dem tickets since 1912 IN Fact the "Dead vote" cost Nixon Ill in 1960! Showing an ID to stop illegal voting is painless takes a few seconds and nothing is wrong with it. and MY hat off to Wisconsin giving the ID for Free. sorry your argument doesn't hold water. It should be Federally mandated by Constitutional amendment too

[Just a passerby]

06:35 AM on 01/17/2012

again, a whole lot of hot air, no facts to back it up.

[ryanwi]

07:28 AM on 01/17/2012

There is a real problem in this country when political propaganda is cited as a reason for Photo ID laws.

[Snarkadelic]

01:03 AM on 01/17/2012

Voter fraud? Bush administration investigated voter fraud for several years and the finding was 0.00003% voter fraud. None of the instances had anything to do with ID, more about registration anomalies that were easily purged.

So, why the voter ID craze? In fact, people can easily counterfeit picture ID's. So this move towards Voter ID cannot be justified as some sort of safeguard or guarantee against voter fraud.

The GOP is trying to steal upcoming elections by making people jump through hoops to obtain an ID, if they don't have one. There are an estimated 25% of African Americans that don't have voter ID's. There are an estimated 21 million people that don't have voter ID.

This is nothing but a massive voter suppression scheme because GOPers know they cannot win without suppressing millions of Democratic voters.

[Bret Alan Cebulla]

12:23 PM on 01/17/2012

Wisconsin passed the voter ID bill..then cut and closed DMV locations..lol

[Snarkadelic]

03:27 PM on 01/17/2012

More specifically, Scott Walker attempted to shut down DMV's in Democratic areas while opening additional DMV's in Republican areas. He was caught, however. Supposedly, that decision has been reversed.

It's obvious the Ko.ch funded Walker and the GOPers were attempting to set up a massive voter suppression schemed designed to obstruct voting for Democrats.

[common sense pdx]

12:52 AM on 01/17/2012

If you live in one of the new voter ID law states, REGISTER FOR AN ABSENTEE BALLOT!
Oregon is 100% vote by mail and is usually in the top 5 states for participation.

Before the switch to vote by mail, I was registered for an absentee ballot. My ballot arrived in the mail a couple weeks before the election. I could fill it out when I had time and drop it in the mail.
No waiting in line. No jugglng schedules or losing work hours to make it to the polls. No hassle.

If you have trouble getting to the polls because of scheduling or transporation, you should also consider an absentee ballot. Your vote counts! Make sure it gets cast.

[Gottlieb]

07:18 AM on 01/17/2012

Time to vote for Bonamici in the first district, so I will check my PO BOX for the ballot, fill it out and drop it off at my neighborhood library. Vote by mail also saves a lot of money while increasing turnout.

[common sense pdx]

10:55 AM on 01/17/2012

You got that right. (I'm in OR-CD1 as well) No votes for the tax cheat, Cornilles.
His slogan should be, "Lower your taxes!...Just don't pay them." Crook.

[sarabono]

12:29 AM on 01/17/2012

I have lived and voted in four states - Illinois, New Jersey Ohio and Florida. In each one of those states you have to present some form of identification -- mainly photo identification. If you can't provide the required identification, all these states will allow you to vote but it will be on a provisional ballot. If the election is close, the provisional ballots are the first to be reviewed to verify whether the vote cast was valid.

[gomezrules]

12:19 AM on 01/17/2012

So PAYING for the very services, like those used to produce legal IDs, is now discrimination? If it for one, it is for all. This exposes the League of Women Voters for what they have been for some time now, a shill for the Dem Party. I guarantee you that NONE of those gals would take a personal check from anyone if that person couldn't prove who they are! I could never pick my children up at their schools without showing my 'papers', i.e., my ID. No newspaper that advocates for removing requirements for picture IDs at election time will give anyone a subscription to their paper if that person could not prove who they are when they conduct the financial transaction that makes that possible! Even campaign contributions via many if not most means requires proof that the person making them is who they say they are. Yet, curiously, voting is to be excluded from that. A question: what is the process if one of these 'third classes of people' who do not have IDs are detained by the police in any manner, for whatever reason? What do they do if they want to board an airliner? Anybody know? Who will agitate on their behalf if that happens to any of them? get back with me on that, if you will!

[twarns]

04:59 AM on 01/17/2012

Historically a poll tax is a cost to the taxpayer in order to vote. The Voting Rights Act directly addressed the legality of this issue. The voter Id is not free as outlined by the League of Women Voters.

If the state wants everyone that votes to have a voter ID, then the state must incurr ALL the costs associated with providing the ID including the costs to get the proper documentation and provide sufficient offices in order to file the paperwork. They must provide for an appeal process when the documentation is unavailable such as birth certificates destroyed in fire at a county courthouse because the county failed to provide sufficient fire protection for its official documents.

[gomezrules]

12:37 AM on 01/19/2012

The acceptable ID for voting purposes is NOT FREE FOR ANYBODY! Thus, it's not discrimination. And my personal view is because I had to pay for mine, everyone else should have to as well! That fits my definition of 'fairness', and it does NOT discriminate against ANYONE! The LOWV are frauds, and hypocrites! Because someone who is a non-Caucasian has to do what all the other citizens have to do and pony up for their govt provided ID, so be it. By your criteria, all drivers licenses should be 'free' . But as we all know, nothing affiliated with the govt is free, someone has to actually pay! if you want to the responsibility to perform 'your civic duty', then you have the responsibility to bear the burden of seeing that through, costs and all. To me it's the HEIGHT of racism to expect that a 'person of color' is incapable of obtaining a legal ID! Only a true racist would take that position!

[Just a passerby]

06:36 AM on 01/17/2012

wow - what a load of shrill nonsense.

[WI Patriot]

12:07 AM on 01/17/2012

Funny, this "third" class (why do libs always divide people into classes?) has no problem cashing their entitlement checks with their ID.

[Richard Davis 1]

12:11 AM on 01/17/2012

Companies that cash checks do not set their policies so that checks cannot be cashed.

[FiscalConservative2012]

12:37 AM on 01/17/2012

head over to Amscot and try and cash a check without a photo ID. Good luck with that.....

[Snarkadelic]

12:38 AM on 01/17/2012

Do you realize how stu.pid you sound?

[Just a passerby]

06:36 AM on 01/17/2012

clearly not.

[hatrickpenry]

09:45 AM on 01/17/2012

Nice comeback. Be careful not to use your monthly allotment of cells on one page.

[llyd wlsh]

11:50 PM on 01/16/2012

recalling the o'keefe minions voter fraud activity in new hampshire's primary it is abundently clear that repu6e/b@ggers know how to commit voter fraud.....perhaps each registered repu6e should have their vote challenged on the basis that they know how to and have previously filmed themselves committing voter fraud

they are only interested in further dis-enfranchising those who have little opportunity for free "political" speech by denying them access to the polls

in a country that promotes "one man, one vote" these politicos are only interested in denying the vote to the PEOPLE

[Flight]

11:25 PM on 01/16/2012

Times have changed. A valid i.d. should be required for all residents in order for proper allocation of resources, correct census, and yes, to reduce the element of voter fraud - which has been around for years. Some folks just don't want to admit it.

[Breth]

12:02 AM on 01/17/2012

Because voter fraud is essentially irrational, it is not surprising that no credible evidence suggests a voter fraud epidemic. There is no documented wave or trend of individuals voting multiple times, voting as someone else, or voting despite knowing that they are ineligible. Indeed, evidence from the microscopically scrutinized 2004 gubernatorial election in Washington State actually reveals just the opposite: though voter fraud does happen, it happens approximately 0.0009% of the time. The similarly closely-analyzed 2004 election in Ohio revealed a voter fraud rate of 0.00004%. National Weather Service data shows that Americans are struck and killed by lightning about as often.

[gomezrules]

12:22 AM on 01/17/2012

So why not make the effort to ensure that there are NO discrepancies EVER when it comes to voting? Why not eliminate that small percentage just so that accusation can NEVER be made about an election? After all, it is a given that regardless of the margin of victory for a Dems opponent(s), that opponent is always going to be accused of 'stealing' that election! You can get rich in Vegas betting on it! This would thus help the Dems as ell!

[colliertng]

02:32 AM on 01/17/2012

Obviously, you haven't heard of the 1948 U.S. Senate Democratic Primary Election of 1948 between Lyndon B.Johnson (D) & popular former governor Coke Stevenson? Jim Wells County is known as the home of "Box 13", the infamous ballot box which gave Lyndon Baines Johnson a 200-vote edge over popular former governor Coke Stevenson in the Democratic primary election. It was later demonstrated that these 200 votes were "stuffed" into the ballot box after the polls had closed. Johnson went on to win the election.

[Richard Davis 1]

12:15 AM on 01/17/2012

So you are saying that all Americans should be required to carry documents approved by some government. My NM driver's license should not be accepted as ID by any other state, as NM does not require a birth certificate to get a driver's license. A NM driver's license is an acceptable form of photo ID for voting in NM, however. Explain THAT to me, please.

[Chicagoperson]

10:35 PM on 01/16/2012

For me, this is the most indignant action taken by the GOP. We want more people voting, not less. This is just a tactic being used to take away votes from the Democrats. I would love to see the Justice Department and the President get a bit more involved in this issue.

[Msquad99]

11:06 PM on 01/16/2012

The Justice Department is. Every one of these laws is under review. And not just the Justice Department. The best legal minds in this country are helping the Justice Department with review.

[gomezrules]

12:28 AM on 01/17/2012

Yes, they are. As we all know, Black Panthers physically intimidating people in an effort to influence elections is not worth looking into by them (under this current admin), but investigating requirements for ALL to posses legal IDs for VOTING is! And as always, it's about race, as the article reports. It's funny that no one is arguing that white people are being discriminated against by such requirements (unless they can be classified as 'elderly'), but those deemed to be part of any 'minority' are to be excluded. Tell me, how does this contribute to a 'more equal society' if some are to be excluded from the very LAWS that are the foundation of this country?