Wisconsin Voter ID Law: Judge Agrees To Hear Challenge To Controversial Measure

By James Kelleher

A Wisconsin judge agreed on Thursday to hear a challenge to the state's new voter ID law, passed last year by lawmakers concerned about ballot-box fraud but which critics say suppresses voting by the elderly and poor.

The decision clears the way for arguments to be heard on March 9 in the suit, which attempts to overturn the law on the grounds it violates the state constitution.

Dane County Judge Richard Neiss said he believed constitutional concerns raised by the League of Women Voters of Wisconsin, which filed the suit, deserved to be heard.

But Neiss also agreed to hear an objection raised by the state Department of Justice, which is defending the law and contends the League lacks standing to bring the action.

The Republican-controlled legislature passed the voter ID law last year, requiring voters to present identification such as a driver's license, state ID or passport at polling places when they vote.

The voter ID measure was part of a raft of legislation backed by Republican Governor Scott Walker that set off mass protests in Madison last winter and triggered a fierce political backlash from Democrats and union supporters last summer. Walker now faces a campaign to recall him from office.

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

Scott Fitzgerald, the majority leader in the state Senate, has repeatedly defended the measure as a "common sense reform" that assures people their vote "isn't getting cancelled out by someone else's fraud."

Critics say it discriminates against the elderly and the poor, who may not have a valid ID.

In its brief, the League of Women Voters contends the legislature overstepped its bounds when it passed the measure last year and says arguments that identification is required for other everyday transactions are off the mark.

"When people say you need an ID to board an airplane or cash a check, they are talking about a privilege, not a constitutionally protected right," said Melanie Ramey, president of the League of Women Voters of Wisconsin.

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

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

(Editing by Daniel Trotta)

Copyright 2012 Thomson Reuters. Click for Restrictions.

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Comments

[BlairCase]

11:23 AM on 01/20/2012

The issue in Wisconsin is whether the new voter ID law violates the state constituion. The Supreme Court has already decided the issue at the national level. The Supreme Court upheld Indiana’s voter-iden­tification last April, declaring that a requiremen­t to produce photo identifica­tion is not unconstitu­tional and that the state has a “valid interest” in improving election procedures as well as deterring fraud.

[Tonydeeee]

09:34 AM on 01/20/2012

If you are White then you have the luxury of defining voting as a privildge, but if you are a minority living in states that have a history of discrimination against Blacks and minorities it is very easy to see voting as a RIGHT. Question. How many people believe that racism is a thing of the past in the south ? If you concede that the south, for example, is struggling much harder than the rest of the country around race then you have to reasonably assume that the views surounding race and the south are inherent in policies and laws that have some bearing on race. If race as a determining factor in the south is done and over with then there is no need for us to talk about protecting the rights of Blacks and minorities, but that is not the case. No, blacks don't have a monopoly on suffering or discrimination in the world any more than Jewish, Armenians, or any other group, but if racist and discrimination wasn't so persistent in parts of the country there would be no need to enforce the civil and voting RIGHTS. If you have never had your " PRIVILEGE" challenged then it is easy to see voting as a " PRIVILEGE, but for many in our nation who, historically, have not enjoyed that so- called " PRIVILEGE voting remains a RIGHT that is worth fighting.

[BlairCase]

10:44 AM on 01/20/2012

It's definitely time Southern states like Wisconsin stop waiving the Confederate battle flag and admit the Civil War is over.

[Hotspot]

04:19 PM on 01/19/2012

We need a National ID law and free identification that covers all States and Voting Americans which will eliminate creating a crisis where there is none.

Voting day needs to be changed to Saturday or Sunday or both, to allow those unable to take time off from work to vote and early voting extended.

[pmoschetta]

04:31 PM on 01/19/2012

We may need a National ID Law, but it should be investigate, discussed, legislated and THEN voted for and signed into law.
These "hurry ups" that the republibaggers are pushing through their states to immediately disenfranchise the minorities, elderly, students, etc to prevent them from voting for democrats in 2012 is unfair and disengenious at best

[Hotspot]

04:33 PM on 01/19/2012

Agreed

[ljb860ljb]

04:47 PM on 01/19/2012

Agree, I remember an uncle that wanted to retire from the Army after 27 years could not do so because he did not have a birth cert. When he was born in the 19'teens many communities especially in rural areas did not provide certs. He ended up having to spend over six months with a PI looking at old newspapers, church records etc before the State of PA would issue a cert and he could retire after serving his country in three wars (WWII, Korea, Vietnam). Yes, it should be easy to get the papers necessary to prove citizenship and therefore get the voter ID but in reality it is not as easy as many think.

[nasknit]

12:46 AM on 01/20/2012

GREAT! Move it to a weekend, & nurses, x-ray technicians, phlebotomists, interns, etc who work weekends routinely can be the ones to get "screwed". Don't forget the waitresses, cooks, bar tenders, etc.

[Hotspot]

02:09 AM on 01/20/2012

Early voting would take care of the problem.

[MyResponsibility]

03:57 PM on 01/19/2012

When people say you need an ID to board an airplane or cash a check, they are talking about a privilege, not a constitutionally protected right

Constitutionally protected right?  Where in the Constitution can someone find this right?  The right to vote is conveyed to qualified voters, as determined by each individual state? What reasons cannot be used to deny the FRANCHISE to vote?  One cannot be denied a vote because of their race, gender, and they can't be denied a vote because the are 18 - 21 years of age.  BUT, a black female 18 year old felon CAN be denied the franchise.  Likewise, a 19 year old female from Uganda who is not a citizen of the US CAN be denied the franchise.

If the state of Wisconsin wanted to allow 16 and 17 year olds to vote, they are free to do so. The Constitution does not guarantee the right to vote.  States determine who qualifies, subject to the limitations set forth in the Constitution.

[HOMEY1]

04:17 PM on 01/19/2012

shill?

[amluvinit2]

10:06 PM on 01/19/2012

Because you know that Republicans could not win otherwise. Tilt things your way, and over reach some more, Even those church going, anti choice, anti gay marraige voters will turn on you.

[pmoschetta]

03:43 PM on 01/19/2012

The war on the middle class, minorities, the elderly and students has begun and it's being battled in every republican led governorship across the country
Wisconsin, Ohio, South Carolina, Indiana, Pennsylvania, and now New Hampshire
We need to vote these tea baggers OUT of office in 2012.........ALL OF THEM!

[sgraham59]

04:11 PM on 01/19/2012

X2