Wisconsin voter ID law struck down by federal judge
| MILWAUKEE
A federal judge in Milwaukee struck down Wisconsin's聽voter聽identification law Tuesday, declaring that a requirement that聽voters聽show a state-issued photo聽ID聽at the polls imposes an unfair burden on poor and minority聽voters.
US District Judge Lynn Adelman sided with opponents of the law, who argued that low-income and minority聽voters聽aren't as likely to have photo IDs or the documents needed to get them. Adelman said the law violated the US Constitution's guarantee of equal protection. He also said the law appeared too flawed to be fixed by legislative amendments.
Adelman's decision invalidates Wisconsin's law and means聽voter聽ID聽likely won't be in place for the fall elections, when Republican Gov. Scott Walker faces re-election. While Walker last month committed to calling a special legislative session if the law were struck down in court, his spokeswoman wouldn't commit to that Tuesday.
"We believe the聽voter聽ID聽law is constitutional and will ultimately be upheld," Walker spokeswoman Laurel Patrick said in an email. "We're reviewing the decision for any potential action."
The ruling could set a precedent for similar legal challenges in Texas, North Carolina and elsewhere. There are 31 states with laws in effect requiring聽voters聽to show some form of identification, according to the National Conference of State Legislatures. Seven states have strict photo聽ID聽requirements similar to the one a state judge struck down in Arkansas last week; that decision has been appealed to the Arkansas Supreme Court. Pennsylvania's聽voter聽ID聽law has been put on hold because of court challenges.
Earlier this month, President Barack Obama waded into the聽voter聽ID聽debate, accusing Republicans of using restrictions to keep聽voters聽from the polls and jeopardizing 50 years of expanded voting access for millions of black Americans and other minorities.
A Dane County judge had already blocked Wisconsin's law in state court. The state Supreme Court heard arguments in two separate lawsuits in February, although it's not clear when the justices will issue a ruling. For聽voter聽ID聽to be reinstated, the state's high court would have to rule that it doesn't violate the state constitution, and Adelman's decision would have to be overturned on appeal.
Wisconsin's Department of Justice, which defended the state law in court, pledged to continue the fight.
"I am disappointed with the order and continue to believe Wisconsin's law is constitutional," Attorney General J.B. Van Hollen said in a statement. "We will appeal."
Republican backers had argued that requiring聽voters聽to show聽ID聽would cut down on聽voter聽fraud and boost public confidence in the integrity of the election process. But Adelman said the state failed to prove that聽voter聽fraud is a legitimate problem.
"(V)irtually no聽voter聽impersonation occurs in Wisconsin and it is exceedingly unlikely that聽voter聽impersonation will become a problem in Wisconsin in the foreseeable future," he wrote in a 90-page opinion.
Wisconsin's Republican-led Legislature passed the photo聽ID聽requirement in 2011, scoring a long-sought GOP priority. Former Gov. Jim Doyle, a Democrat, had vetoed a similar requirement three times between 2002 and 2005.
Wisconsin's law was only in effect for a 2012 primary before a Dane County judge declared it unconstitutional.
Adelman pledged to expedite any proceedings should Wisconsin's Legislature attempt to amend the law, but he also had strong cautionary words for lawmakers.
"Given the evidence presented at trial showing that Blacks and Latinos are more likely than whites to lack an聽ID, it is difficult to see how an amendment to the photo聽ID聽requirement could remove its disproportionate racial impact and discriminatory result," Adelman wrote.
Wisconsin residents can get a free state聽ID聽from a Department of Motor Vehicles by presenting documents such as a certified birth certificate, passport or Social Security card. Each document must be unexpired, and the person's name must be spelled identically on each document.
A number of witnesses testified the regulation was a problem, either because their names were misspelled on a key document or because they were born in rural areas during an era when birth certificates weren't always issued.
Adelman cited their testimony in his ruling, noting that they faced challenges that could deter them from voting.
"Although not every聽voter聽will face all of these obstacles, many聽voters聽will face some of them, particularly those who are low-income," the judge wrote.
The federal challenge combined two separate cases. One was brought by minority-rights groups, including the Wisconsin chapter of the League of United Latin American Citizens, and the other involved the American Civil Liberties Union and the Washington, D.C.-based Advancement Project.
ACLU spokesman Dale Ho said his group was "ecstatic" over the victory, and felt Adelman rendered a fair assessment of the evidence.
"We're pleased. We feel vindicated by the judge's decision," he said.