Ruling in Favor of Strict Wisconsin Voter ID Law

Stricter voter ID laws in Wisconsin are likely to disenfranchise non-white voters
The Wisconsin State Capital is likely to see more heated discussion
about new, stricter voter ID laws.
Image:  Shutterstock
On Monday an appeals court voted to uphold Wisconsin’s strict voter ID law, which would require all voters to have a photo ID in order to post their ballots.  Though the final decision rests with the Supreme Court, the ruling of the three-judge panel of the 7th Circuit has already raised concerns with voter rights activists.

The 23-page ruling was written by Judge Frank Easterbrook and finds that the law is constitutional and does not violate the Voting Rights Act (VRA), which bans racial discrimination at the polls.  Eastbrook wrote that the law “deters fraud (so that a low frequency stays low); it promotes accurate record keeping (so that people who have moved after the date of registration do not vote in the wrong precinct); [and] it promotes voter confidence.”  He also stated that anyone can get a photo ID, and anyone who doesn’t have one “was unwilling to invest the necessary time.”

Opponents worry that the law could disenfranchise many thousands who do not have photo IDs—particularly non-white and lower-income voters.  Already hundreds of voters have returned absentee ballots without ID, since the law was not in effect when they voted.  If the Supreme Court does not intervene, and the voters want their votes to count, they will now need to return to their local election office with an acceptable ID…which might be difficult for the estimated 300,000 registered Wisconsin voters who don’t have photo IDs.

The panel did create a new procedure for voters who have neither photo ID nor birth certificate, but it is only applicable to those born in Wisconsin.  Those born out of state—often black or Latino—don’t have this option.

The Government Accountability Board, which oversees Wisconsin’s elections, has moved to spend $460,000 on a campaign to inform voters of the new requirements.  However, no movement has been made in this area because, according to Senate Majority Leader Scott Fitzgerald, “that’s a lot of money to spend on trying to inform people” about something that has already been publicized in the media.   However, according to a study by the Marquette Law School, one fifth of Wisconsin voters still don’t know they will likely need to provide a photo ID to vote this November.

Ultimately the Supreme Court will determine if the law will officially go into effect.  If it does, the Marquette study says it is likely to spell good news for Republican Governor Scott Walker, who is up for reelection and is in a close race with Democrat Mary Burke.


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