Federal appeals court OK’s Wisconsin voter-ID law

posted at 8:01 am on October 7, 2014 by Ed Morrissey

To no ones great surprise, the Seventh District Court of Appeals gave its final approval to Wisconsin’s voter-ID law, certifying for use in the upcoming midterm election — again. Last month, the appellate court set aside a lower court ruling blocking the law and temporarily agreed that Wisconsin should implement it while the panel considered its final ruling. That all but cinched the case for the voter ID law, and yesterday the appellate court made it official:

A federal appeals court ruled Monday that Wisconsin’s requirement that voters show photo identification at the polls is constitutional, a decision that is not surprising after the court last month allowed for the law to be implemented while it considered the case.

State elections officials are preparing for the photo ID law to be in effect for the Nov. 4 election, even as opponents continue their legal fight. The American Civil Liberties Union and the Advancement Project asked the U.S. Supreme Court last week to take emergency action and block the law.

Opponents argue that requiring voters to show photo ID, a requirement that had, until recently, been on hold since a low-turnout February 2012 primary, will create chaos and confusion at the polls. But supporters say most people already have a valid ID and, if they don’t, there is time to get one before the election.

The opinion from the 7th U.S. Circuit Court of Appeals comes a month before the election involving the closely watched race between Republican Gov. Scott Walker, who supports the law, and Democratic challenger Mary Burke.

The law, the court ruled, is substantially the same as Indiana’s voter-ID law, which the Supreme Court upheld. While Wisconsin appealed the district court ruling, it adjusted its policies on identification access and type to match up better with Indiana, and the court recognized that the entire context was that which the Supreme Court had approved in Indiana. In the end, the decision was a no-brainer.

That didn’t keep politicians in Wisconsin from demagoguing on the issue. Milwaukee Mayor Tom Barrett, who once ran against Scott Walker for governor, told a crowd at city hall that the authors of this bill intend to keep “people of color” and the elderly from voting by requiring them to certify their identity before casting a ballot:

As for the complaints about the short time frame, the city of Milwaukee only have their own mayor and demagogues like him to blame. The voter-ID law passed in 2011, part of the series of reforms pushed through by Walker in the beginning of his term. The cities have had plenty of time to prepare for this, and furthermore should have known that the courts were likely to follow the Supreme Court’s precedent in Indiana. The cries that they are getting blindsided by the requirements at the last minute are just as credible as Barrett’s claims about motivations for supporters of voter-ID laws.

Opponents are mulling over their options at this point, but those appear rather limited. They could request an en banc hearing from the Seventh Circuit, but with a unanimous ruling, there isn’t any reason for the court to apply that kind of intervention. That means the Supreme Court is their only option, but with the precedent already set for voter-ID laws, even a temporary stay is a long shot, and a loss all but certain in the end.


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Comments

May this be the outcome of all voter ID challenges! Amen!

Shay on October 7, 2014 at 8:05 AM

The problem is that Elana Kagan, who if memory serves was in the minority on the Indiana voter ID ruling, gets to decide on the “emergency stay” of the 7th Circuit’s rulings.

Steve Eggleston on October 7, 2014 at 8:07 AM

No Justice, no Peace,

er,

No ID,..no vote!!

(sarc)

canopfor on October 7, 2014 at 8:08 AM

Milwaukee Mayor Tom Barrett, who once ran against Scott Walker for governor, told a crowd at city hall that the authors of this bill intend to keep “people of color” and the elderly from voting by requiring them to certify their identity before casting a ballot:

It’s funny how the “people of color” can’t seem to be able to find an ID to vote but are fully documented when it comes time to mooch off the system for welfare benefits.

Happy Nomad on October 7, 2014 at 8:09 AM

Will be interesting what the voter turnout will be like in heavy democrat areas like Milwaukee.

wifarmboy on October 7, 2014 at 8:09 AM

So WI. joins Canada’s ID requirement to Vote,…excellent!!

canopfor on October 7, 2014 at 8:11 AM

Why do I need to show ID to buy a case of beer but not to vote? It should be the other way around.

ConstantineXI on October 7, 2014 at 8:12 AM

It’s funny how the “people of color” can’t seem to be able to find an ID to vote but are fully documented when it comes time to mooch off the system for welfare benefits.

Happy Nomad on October 7, 2014 at 8:09 AM

From last week’s Marquette University Law School poll, 99% of whites, 99% of blacks, and 93% of Hispanics had a government-issued photo ID.

Steve Eggleston on October 7, 2014 at 8:13 AM

This is ours to win.

From John Fund and Hans Von Spakovsky:

Democrats losing long war against voter id.

itsspideyman on October 7, 2014 at 8:14 AM

Are the lefties in Wisconsin especially vile, or does it just appear this way?

petefrt on October 7, 2014 at 8:17 AM

That didn’t keep politicians in Wisconsin from demagoguing on the issue. Milwaukee Mayor Tom Barrett, who once ran against Scott Walker for governor, told a crowd at city hall that the authors of this bill intend to keep “people of color” and the elderly from voting by requiring them to certify their identity before casting a ballot

Again, I have to ask why is it that “people of color” and blue hairs are incapable of showing a valid form of ID before voting? Do no blacks, Hispanics, or old folks drive cars? Do none of them attend school or work? Do none of them have checking accounts, credit cards, or Social Security numbers? Do none of them have a mortgage or car note? Because last time I checked, it’s pretty damn hard to get through life without having to show a photo ID at some point.

Doughboy on October 7, 2014 at 8:18 AM

Are the lefties in Wisconsin especially vile, or does it just appear this way?

petefrt on October 7, 2014 at 8:17 AM

I don’t think it has anything to do with geography really. The left is just vile. They are FASCISTS, they will not tolerate defeat, and they will not act civil unless they get their way every single time. They will not rest until every American needs permission from some government bureaucrat to wipe our own arses.

There is no reason to object to voter ID except because you favor election fraud, period.

ConstantineXI on October 7, 2014 at 8:21 AM

The bottom line is that Liberals believe that elderly and minority voters are too stupid to figure out how to acquire a valid ID. And all this nonsense about how IDs are too costly for low-income voters is garbage, if you are on government assistance of any kind you have a valid ID. It’s pure political gamesmanship.

And yes, Wisconsin lefties are particularly bad because Madison is one of the bluest cities in the nation and also they are trying especially hard to overcome the stereotype of Wisconsin being the most flyover state of all flyover states. I say this as a proud Wisconsinite now living in the South.

TarasBulbous on October 7, 2014 at 8:23 AM

Steve you wont hear that on the lsm

cmsinaz on October 7, 2014 at 8:24 AM

Oh and they have an inferiority complex because Minnesota excels at sh*t lefties love, like music, art, culture, multiculturalism, government welfare programs, etc etc. Meanwhile, Wisconsin excels at Football. (OK, maybe not the Badgers, this year.)

TarasBulbous on October 7, 2014 at 8:24 AM

Information About Voting

Here is some additional information about voting in Wisconsin.
Click on any of the headings to expand it and see more details.
MyVote Wisconsin Menu Options:
==============================

Information About Voting:
*************************

Do I need to show a voter ID when voting?
****************************************

Yes. If you are voting at the polls on Election Day, at your municipal clerk’s office, or are requesting an absentee ballot be sent to you, you must provide Photo ID unless you are an exempt voter as listed below.

Is Anyone Exempt From The Photo ID Requirement?
***********************************************

Yes. The following voters do NOT need to show a Photo ID:

Confidential voters are always exempt from Photo ID requirements. Confidential voters do not need to show a photo ID, nor state their name and address. They instead present their confidential voter identification card or give their identification serial number. Confidential voters are voters that have applied for this status with their municipal clerk and have presented a court order, a letter from law enforcement, a letter from the staff of a domestic abuse shelter, or the staff of an agency assisting victims of domestic abuse.

Military and Overseas voters are not required to present Photo ID when they vote by absentee ballot, but if they vote in-person, they must present Photo ID.

Voters who have applied for absentee ballots as indefinitely confined and voters in special care facilities can provide a witness signature on their absentee ballot certificate envelope instead of a photo ID because the witness verifies the voter’s name and address prior to signing the envelope.

https://myvote.wi.gov/Voter/InformationAboutVoting.aspx

https://myvote.wi.gov/

canopfor on October 7, 2014 at 8:26 AM

I’m 76, so how long will it be before I’m too old, too stupid or too senile to get a simple, free ID card? It’s time for the left to give it up and simply scratch all the illegals, dead people and phantoms off their prospective voters rolls.

rplat on October 7, 2014 at 8:32 AM

There is no reason to object to voter ID except because you favor election fraud, period.

ConstantineXI on October 7, 2014 at 8:21 AM

My view too. All the talk about equities is deflection, camouflage, rhetorical jiu-jitsu.

How big is the margin the left gets from voter fraud? I think J. Christian Adams pegs it at 4-5%

petefrt on October 7, 2014 at 8:37 AM

Again, I have to ask why is it that “people of color” and blue hairs are incapable of showing a valid form of ID before voting? Do no blacks, Hispanics, or old folks drive cars? Do none of them attend school or work? Do none of them have checking accounts, credit cards, or Social Security numbers? Do none of them have a mortgage or car note? Because last time I checked, it’s pretty damn hard to get through life without having to show a photo ID at some point.

Doughboy on October 7, 2014 at 8:18 AM

I’ve heard the phrase used, which is mostly accurate… It is the soft bigotry of low expectations. Crying foul that certain groups are “infringed” because they are either incapable or too lazy or, in most cases, simply mildly inconvenienced. It’s bunk, and they know it. It’s the same method of whipping up union members about how badly they’re treated and oppressed and blah, blah, blah. But at it’s core, it is a form of bigotry: “Let your superiors lead you, you oh so poor and tired and incapable masses. We will help you, and instruct you, and give you all direction in life. Thought is ours to have and yours to follow.” Pfffft!

SteelmanC on October 7, 2014 at 8:38 AM

The bottom line is that Liberals believe that elderly and minority voters are too stupid to figure out how to acquire a valid ID.

TarasBulbous on October 7, 2014 at 8:23 AM

Well, they don’t really believe that. This is all about making it easier for perpetuating voter fraud which it appears based on the Dems’ vehement opposition to these kinds of laws must be an essential part of their electoral strategery.

Doughboy on October 7, 2014 at 8:38 AM

It’s funny how the “people of color” can’t seem to be able to find an ID to vote but are fully documented when it comes time to mooch off the system for welfare benefits.

Happy Nomad on October 7, 2014 at 8:09 AM

If they have to show an ID to vote, they can only vote once. They won’t be able to vote for dead people anymore. Then, maybe conservatives get elected and they might actually go to work for a living.

cajunpatriot on October 7, 2014 at 8:41 AM

How big is the margin the left gets from voter fraud? I think J. Christian Adams pegs it at 4-5%

petefrt on October 7, 2014 at 8:37 AM

They’re fighting too hard for it to be that low.

Cleombrotus on October 7, 2014 at 8:42 AM

Jeeze, the Democrats in Wisconsin are probably going to be looking to unload a couple of truck loads of cigarettes in a month or so…

Probably got a few buses for sale too…

BigWyo on October 7, 2014 at 8:44 AM

From last week’s Marquette University Law School poll, 99% of whites, 99% of blacks, and 93% of Hispanics had a government-issued photo ID.

Steve Eggleston on October 7, 2014 at 8:13 AM

If you are here legally (and even most of those who are not) cannot function in society without an ID of some sorts.

Renting a car or traveling on a plane? You need an ID
Getting in the White House? You need an ID.
Buying alcohol as a twenty-something? You will be carded.
Being hired for a job? You need an ID.

But somehow Dems are incapable of producing an ID for voting. Or more accurately, IDs for voting hurts Dems in their ability to steeal elections.

Happy Nomad on October 7, 2014 at 8:44 AM

Jeeze, the Democrats in Wisconsin are probably going to be looking to unload a couple of truck loads of cigarettes in a month or so…

BigWyo on October 7, 2014 at 8:44 AM

They don’t have a choice. They’ll need the room for the “found” ballot boxes.

Happy Nomad on October 7, 2014 at 8:46 AM

Put a sign in front of polling places that says ‘We Accept EBT’ and you’ll never have this argument again.

James on October 7, 2014 at 8:48 AM

Milwaukee Mayor Tom Barrett, who once ran against Scott Walker for governor, told a crowd at city hall that the authors of this bill intend to keep “people of color” and the elderly from voting by requiring them to certify their identity before casting a ballot:

Except that voting integrity measures have been proven to increase minotiry voter turnout.

Maybe this is why the NAACP required photo ID to attend a protest against voter ID.

Even the ACLU’s poster child for the horrors of Voter ID, got an ID.

Star Bird on October 7, 2014 at 8:49 AM

Getting in the White House? You need an ID.

Happy Nomad on October 7, 2014 at 8:44 AM

Heh. Not anymore.

Doughboy on October 7, 2014 at 8:54 AM

My prediction based on life experience:
If there are less Democrats elected in states with voter ID requirements the left will say that Democrats are being disenfranchised instead of admitting the obvious that they were being elected with illegal fraudulent votes.

They also seem to freely admit that their voters are not intelligent enough to obtain free identification, either that or they are accusing them of being too stupid to obtain ID. Their voters can decide which it is.

The final point I will make is that democrats are acting like typical leftists. Instead of actually attempting to get people set up with IDs by a focused effort, they instead complain about the fact that people have to get IDs and blame others.

If it was really just about people not having access to identification, the left would be busing people to the DMV. It is all but an admission of guilt in the fact that the left isn’t doing this. They know their voters can’t obtain legal ID, so they don’t bother with the push to get them to the DMV. Either that, or they know it isn’t difficult to obtain ID so it would be a waste of resources for them to focus on it (which means this is just a political hackery attempt to get people fired up).

If I was poor/disabled/elderly/etc and unable to obtain an ID so I could vote and a GOP volunteer helped me obtain one, I would certainly be thinking about voting for the party that helped me. The GOP could afford to do a lot of outreach this way in the absence of the left taking action.

airupthere on October 7, 2014 at 8:56 AM

Jeeze, the Democrats in Wisconsin are probably going to be looking to unload a couple of truck loads of cigarettes in a month or so…

Probably got a few buses for sale too…

BigWyo on October 7, 2014 at 8:44 AM

Ah but they will still need the switchblades so they can slash tires.

WisRich on October 7, 2014 at 8:57 AM

Jeeze, the Democrats in Wisconsin are probably going to be looking to unload a couple of truck loads of cigarettes in a month or so…

Probably got a few buses for sale too…

BigWyo on October 7, 2014 at 8:44 AM

Probably the opposite, got to pay and haul more people that can legally vote instead of loading up a bus and driving the same people from poll to poll to vote.

wifarmboy on October 7, 2014 at 9:03 AM

Hey! Maybe the Democrats can protest by refusing to vote. That will teach everyone a lesson, won’t it?

The last thing the Dems want is a successful election using the ID laws.

GarandFan on October 7, 2014 at 9:06 AM

Here are the ID requirements for voting in Canada…

https://www.google.com/webhp?sourceid=chrome-instant&ion=1&espv=2&ie=UTF-8#q=canada%20id%20required%20to%20vote

Ricard on October 7, 2014 at 9:11 AM

The bottom line is that Liberals believe that elderly and minority voters are too stupid to figure out how to acquire a valid ID. TarasBulbous on October 7, 2014 at 8:23 AM

I really don’t believe that they think that, but they imply it as they lie about the motives of those who support voter ID laws.

I don’t think liberals believe much at all except that Demorats should win every election come hell or high water, and voter ID laws might make that just a little less likely.

Akzed on October 7, 2014 at 9:18 AM

Walker will probably win if this limits the Dems’ ability to stuff ballot boxes.

DRayRaven on October 7, 2014 at 9:25 AM

“Milwaukee Mayor Tom Barrett…told a crowd that the authors of this bill intend to keep “people of color” and the elderly from voting by requiring them to certify their identity before casting a ballot...”

I haven’t read this bill, but most of them require giving the voter a provisional ballot at the polling place. The vote is then not supposed to be counted until voter goes to registrar with acceptable ID.

I can’t imagine Wisconsin didn’t provide for that. Which means Barrett is out and out LYING. Now I wonder what he’s going to do on election day. Are the Dems lining up people who will claim to have no ID, then have their own poll workers deny them a ballot, so they can crow that these people were denied the vote?!! I wouldn’t put it past them. And the media would fail to point out that it was their own people who violated the rules.

jeanneb on October 7, 2014 at 9:27 AM

But think of the economic windfall for fake ID producers! Scott Walker is creating jobs here :)

Cliff by the Ford on October 7, 2014 at 9:46 AM

Position on voter ID laws is my litmus test for whether or not I’ll talk politics with someone. If they’re opposed, I can only assume they’re (a) ill-informed and not worth engaging or (b) dishonest pushers of the progressives’ party line, and not worth engaging.

flipflop on October 7, 2014 at 9:47 AM

I haven’t read this bill, but most of them require giving the voter a provisional ballot at the polling place. The vote is then not supposed to be counted until voter goes to registrar with acceptable ID.

I can’t imagine Wisconsin didn’t provide for that. Which means Barrett is out and out LYING. Now I wonder what he’s going to do on election day. Are the Dems lining up people who will claim to have no ID, then have their own poll workers deny them a ballot, so they can crow that these people were denied the vote?!! I wouldn’t put it past them. And the media would fail to point out that it was their own people who violated the rules.

jeanneb on October 7, 2014 at 9:27 AM

The Legislature did – a provisional ballot can be cast by someone who didn’t provide an ID and, if acceptable ID is provided at the voting place by 8 pm (poll closing time) or to the municipal clerk by 4 pm the following Friday, that ballot will be counted.

Steve Eggleston on October 7, 2014 at 9:47 AM

I’m 61. I want to know where I can get a IQ card?

Walter L. Newton on October 7, 2014 at 9:48 AM

But think of the economic windfall for fake ID producers! Scott Walker is creating jobs here :)

Cliff by the Ford on October 7, 2014 at 9:46 AM

Only in China.

Star Bird on October 7, 2014 at 10:11 AM

Democrats losing long war against voter ID

Star Bird on October 7, 2014 at 10:20 AM

A federal appeals court ruled Monday that Wisconsin’s requirement that voters show photo identification at the polls is constitutional, a decision that is not surprising after the court last month allowed for the law to be implemented while it considered the case since it so obviously is.

FIFY

GWB on October 7, 2014 at 10:52 AM

The black market for spurious id’s just doubled. The economy continues to improve.

vnvet on October 7, 2014 at 10:55 AM

The Legislature did – a provisional ballot can be cast by someone who didn’t provide an ID and, if acceptable ID is provided at the voting place by 8 pm (poll closing time) or to the municipal clerk by 4 pm the following Friday, that ballot will be counted.

Steve Eggleston on October 7, 2014 at 9:47 AM

Another important point is that those locations where voter fraud is most likely to occur is where the volunteers at the polling place are most unlikely to enforce the voter ID law. Unless republicans have poll watchers at all of these locations, I doubt the Voter ID laws will be enforced at those locations (i.e., the person will just check-off that they saw an ID when in fact they did not).

Monkeytoe on October 7, 2014 at 10:57 AM

I say we encourage the left to do what oppressed opposition parties do in other countries when the prevailing powers seem to control the voting: BOYCOTT! Let’s see if we can get them to boycott the 2014 elections in all the places that have these obviously racist and misogynist rules about voter ID! Woohoo! Do it multi-culti style, liberals! Come on! Show us what you’re made of! Defy The Man!

GWB on October 7, 2014 at 11:04 AM

Hypocrisy Thy Name Is…

Milwaukee Mayor Tom Barrett, who once ran against Scott Walker for governor, told a crowd at city hall that the authors of this bill intend to keep “people of color” and the elderly from voting by requiring them to certify their identity before casting a ballot

NAACP requires marchers protesting North Carolina voter ID law TO SHOW PHOTO ID
http://dailycaller.com/2014/02/08/naacp-requires-marchers-protesting-north-carolina-voter-id-law-to-show-photo-id/

Pelosi Schmelosi on October 7, 2014 at 11:22 AM

If you need an ID to get your gay marriage on…then you need one to vote. Nuff said.

HumpBot Salvation on October 7, 2014 at 11:27 AM

Well, I guess all those dead progressives can rest in peace, now. They wont have to get up and go vote. Meanwhile, the union thugs are going to stand at the polls and beat up anybody who doesn’t vote their way.

Old Country Boy on October 7, 2014 at 11:36 AM

There is no reason to object to voter ID except because you favor election fraud, period.

ConstantineXI on October 7, 2014 at 8:21 AM

Hear! Hear!

Not only that, bu the degree and depth to which lefties will go to fight this idea shows exactly how dependent they are on voter fraud and manipulation to win elections. Someone mentioned above the 4-5% advantage it may bring–I think in some places it is MUCH higher, which is why they will fight tooth and nail to avoid the ID laws. Philadelpihia comes to mind in the last presidential election where there were districts with 100% votes for Obama.

Doc Holliday on October 7, 2014 at 11:50 AM

That means the Supreme Court is their only option, but with the precedent already set for voter-ID laws, even a temporary stay is a long shot, and a loss all but certain in the end.

Go for it, leftist illegal thugs. I’d like to see this applied nation-wide.

Go ahead, punks. Make my day!

Schadenfreude on October 7, 2014 at 12:22 PM

Are the troll in re-ed today?

Schadenfreude on October 7, 2014 at 12:23 PM

From last week’s Marquette University Law School poll, 99% of whites, 99% of blacks, and 93% of Hispanics had a government-issued photo ID.

Steve Eggleston on October 7, 2014 at 8:13 AM

I suggest that in the case of those that don’t, it is because they are illegal aliens.

slickwillie2001 on October 7, 2014 at 12:40 PM

I’s really not about legitimate voter’s hardships getting IDs or even voting. It’s about the added difficulty the left will have in stuffing the ballot boxes with fraudulent votes.

The left sees fraudulent voting as justified, a way to “level the playing field” in their eyes. For them, the line between right and wrong, legal and illegal, is somewhat blurred.

They’re convinced, as long as they can maintain power to further their agenda, they’re doing an overall good thing for the people. Therefor any means to reach that end must also be good and justified.

It’s the only way to explain their outrage over having to do something most of us do everyday anyway, show ID.

Oxymoron on October 7, 2014 at 12:44 PM

Are the troll trolls in re-ed today?

Schadenfreude on October 7, 2014 at 1:01 PM

Choke. On. It. Leftists.

locomotivebreath1901 on October 7, 2014 at 1:11 PM

Any news on PA voter ID law?? Last I heard there was an injunction against it.

KenInIL on October 7, 2014 at 1:29 PM

How stupid does one have to be to fail to get proper voter ID?

Especially this many years after Matthew Brady first invented Photo ID.

dockywocky on October 7, 2014 at 2:44 PM

The voter-ID law was passed in 2011. Is there anyone in Wisconsin who needs more time to obtain a photo ID? What about the busloads of people traveling from Illinois who want to vote in Wisconsin?

J Baustian on October 8, 2014 at 12:53 AM

Someone mentioned above the 4-5% advantage it may bring–I think in some places it is MUCH higher, which is why they will fight tooth and nail to avoid the ID laws. Philadelphia comes to mind in the last presidential election where there were districts with 100% votes for Obama.

Doc Holliday on October 7, 2014 at 11:50 AM

Some Philly precincts were reporting 150% voter turnout: Half again as many votes cast, as there were registered voters; or to put it another way, at least 1/3 of the votes cast were fraudulent.

Voter fraud? Nothing to see here; move along, move along….

ReggieA on October 8, 2014 at 1:47 PM