Supreme Court Again Declines to Hear Voter ID Case

On Monday, the justices tossed a case challenging the 2011 Voter ID law back to the appellate court. This marks the third time the state's high court has declined to pick up the case.

The Wisconsin Supreme Court won't weigh in on the court challenge to the voter ID law, declining to pick up the case.

Their decision means the case will stay before the Court of Appeals in Waukesha, according to the Journal-Sentinel.

The law in question, approved by the Legislature in 2011, requires voters to show a photo ID at the polls. But there were legal challenges, and two Dane County judges struck down the law. One said the Legislature did not have the power to impose a photo ID requirement on voters, the JS reported, and the other found the photo ID requirement "placed an unreasonable burden on the right to vote."

This refusal—included as a pdf above—marks the third time the Supreme Court has declined to take up the issue. Challenges to the law were raised by Voces de la Frontera (the plaintiff in the appeal the Supreme Court denied Monday), the Milwaukee branch of the NAACP and the League of Women Voters, according to the Wisconsin State Journal. 

Two of the three appeals remain with appellate courts, the League of Women Voters challenge and the Voces de la Frontera case in District 2 out of Waukesha.

Even though the law was struck down, according to the Government Accountability Board, the Wisconsin Department of Transportation continues to offer free photo IDs to Wisconsin voters who tell Department of Motor Vehicles staff that they require a photo ID to vote.


Richard Head January 15, 2013 at 11:55 AM
Come on Steve, Don't be silly. ID - to vote? What about the poor folks who depend on government largesse for their living? An ID might deny them a meal, or they might have to suffer the cold. Besides, who needs ID when voting really doesn't matter. Having the Voter ID issue out there provides cover for those who really matter - THOSE WHO COUNT THE VOTES. At least the Voter ID issue gives you something to argue about. "Racine Mayor John Dickert was scheming for ways to prevent election observers from being present for elections in Racine, e-mails from the Mayor's office reveal. Dickert insisted in an e-mail to City Clerk Janice Johnson-Martin dated April 25 that the Clerk's office needed to try and find a way to prevent poll watchers from observing elections. Questionable and irregular election activities that took place in the City of Racine on election day point to the important role that poll observers on both sides of the political aisle can play. Damaged, torn and potentially tampered ballot bags that compromised ballot security at the end of election day are at the heart of a finger-pointing blame game led City Clerk Johnson-Martin. The MacIver Institute has repeatedly noted that poll workers in the field have testified under oath that the bags, which have never had a problem being damaged in previous elections, were not damaged at polling locations.... Continued...
Nuitari (Grand Master Editor) January 15, 2013 at 11:56 AM
Damn straight, yo.
Richard Head January 15, 2013 at 11:58 AM
It was not until the bags arrived at the Clerk's office that the damage was discovered or encountered. For their part, the Clerk's office has repeatedly had no comment on the matter or has blamed individual poll workers for the damaged bags. Media Trackers released information last week showing that City Clerk Johnson-Martin signed 23 incomplete voter registration forms while registering voters to vote in the recall election. Johnson-Martin says she has her own way of filling out the forms,.... http://mediatrackers.org/2012/08/09/racine-mayor-wanted-to-ban-poll-observers-in-recall/ 'It's Not the People Who Vote that Count; It's the People Who Count the Votes' - Joseph Stalin http://racine.craigslist.org/pol/3546997892.html
Richard Head January 15, 2013 at 12:24 PM
The John Lehman Election Victory Commemorative Poster complete with a Communist Red Border and attributed quote. Use your left hand button on your mouse to click and save. Be sure to share and enjoy. http://racine.craigslist.org/pol/3547020834.html
Frances Martin January 15, 2013 at 02:53 PM
were you all equally concerned about the Waukesha County clerk who -oops--found a bunch of votes the day after they should have been counted, then refused to step down,? and are you also concerned about the Ohio voting machines manufactured by a big GOP supporter, who has refused to divulge the source code for the machines? Genuine concern about the legitimacy of the process is one thing; jumping on a bandwagon about inevitable human error that does not impact the integrity of the process is another. I urge all you doubters that the system works to actually spen the 14 hours or so on the next election day, as an observer. As one Tea Party observer said to me a couple of elections ago-"I'm really glad I spent this time, because I didn't see any of the supposed voter fraud issues we kept hearing about." The "I'm right, you're wrong and don't confuse me with facts " approach just gets us to impasse ,IMHO.
Richard Head January 15, 2013 at 03:36 PM
SO... you believe that the ends justifies the means. AND, you present Investigation by Declaration to be factual - yes, I'm sure you had this discussion, and you are always truthful and honest... Really? It's called hearsay and doesn't stand in Court - Proof -Please.
Randy1949 January 15, 2013 at 03:44 PM
To be fair, the voted from the City of Brookfield had been counted -- just not included in the Waukesha County tally that was announced late that evening. It made a close election even more contentious.
Randy1949 January 15, 2013 at 03:47 PM
@Richard Head -- Please give me proof of the sort of election fraud that involves presenting oneself as an already registered voter on the rolls and voting in his/her stead. Not a fraudulent registration, but actual vote-stealing.
Steve ® January 15, 2013 at 03:56 PM
WIwishes January 15, 2013 at 04:48 PM
No, Frances, people like Richard Head are not concerned when there is lack of integrity on the side of the GOP. If he were a true patriotic, American, he would be indignant to any lack of integrity in our voting procedures. He clearly is not. Even the links that he posts to back his claims, are ambiguous at best. The link to "prove" that Mayor Dickert tried to ban poll observers with the smoking gun email? What a joke. I'm not a fan of the mayor, but let's get real. There was nothing in that email that even mentioned poll observers much less siding with one political party over another. I think we ALL would agree that we don't want to see anyone being intimidated while trying to uphold their civic duty and going to vote.
Richard Head January 15, 2013 at 05:31 PM
Great video Steve. It should be a wake up call to all that Voter ID, while not perfect, would begin to correct some of the abuses plaguing our current elections. I've put together a montage of the highlights - ENJOY! http://racine.craigslist.org/pol/3547596846.html Wisconsin Democrats -Don't let the FACTS get in the way of your declaratory opinions! The louder you shout, the more true it is! That's what TV Programming and the Public Fool system taught you! It's the Blue Fisters Anthem Bang on the Drum - Todd http://www.youtube.com/watch?v=ZclddLcOYYA
Richard Head January 15, 2013 at 05:41 PM
When you can't rebut the fact - ATTACK -ATTACK-ATTACK! Besides, this is Patch, where the Ad-Hominem attack reigns supreme, and most posters don't know the difference.... "Election fraud in America is no laughing matter. Florida election officials have discovered that the state's voter polls have 53,000 dead voters still registered to vote.1 That's a whole city of dead voters still "eligible" to vote – more than the entire population of Pensacola, Florida! Unfortunately, in some U.S. cities voter fraud has been so common and so pervasive for so long that it's more likely to be a punch line than a felony. Then there's Chicago's interstate rival, Milwaukee, Wisconsin. The Milwaukee Police Department was directed to investigate voter fraud that occurred during the 2004 presidential election. In 2008, the MPD task force issued a troubling and extensive report. Continued....
Richard Head January 15, 2013 at 05:42 PM
According to the study, 16 workers from the John Kerry campaign committed felonies that went unprosecuted by Wisconsin authorities. The task force identified a single property where 128 different people were registered to vote, and each one was signed up for the 2004 election. The report cited cases of double-voting, "ghost" voting by dead people, and uncounted absentee ballots that were discovered only after the election was over and the winner declared. The task force questioned the voter registration practices of a number of homeless shelters, and found homeless individuals registered in multiple locations. With no photo ID required to vote in Wisconsin at the time, anyone could have cast multiple ballots simply by knowing the homeless man's name. As the MPD investigation observed, "vote portability and the abject poverty that defines homelessness, make these unfortunate individuals vulnerable to become the tools of voter fraud by those who would exploit the homeless." Lots more to read at the link.... http://www.nationalcenter.org/NPA636.html
David Tatarowicz January 15, 2013 at 10:28 PM
First of all I do think voter ID is the solution looking for the problem. A whole lot of trouble to go through just to vote one time !! I don't think so --- if there is real voter fraud happening, or that needs to be protected against, I would look at all the electronics involved --- why steal one when you can steal hundreds or thousands? To be just a little bit cynical --- could it be that our esteemed WI Supreme Court turned back this case as Roggensack is running for re-election and she is trying to distance herself from the Ultra Conservatives ???
CowDung January 15, 2013 at 10:45 PM
How much trouble is it really to get registered and vote? Before the Voter ID law passed, voter registration used to be a joke. At the polls, anyone could get on the voter roles with a name, address, and someone to vouch that they are being truthful. Away from the polls, voter registration drives would bring in thousands of registrations with no easy way of verifying that the registrants were actually real people. If the address was valid, and the card was properly signed, they were put on the voter list. Once names are registered, it would seem rather easy to groups like ACORN to mobilize and cast hundreds or thousands of false votes in an election...
CowDung January 15, 2013 at 10:50 PM
Aside from the fake registrations, what prevents people from voting in place of dead people? http://www.nbcbayarea.com/news/local/Dead-and-Still-Voting-177286281.html
Frances Martin January 15, 2013 at 11:47 PM
the fact that clerks are given lists of deceased persons
CowDung January 16, 2013 at 12:34 AM
The article I linked seems to indicate otherwise. Votes are indeed being cast in the names of dead people...
John Wilson January 16, 2013 at 05:38 AM
CowDung – The only legitimate “dead person” actually voting in any election in Wisconsin that was documented – not prosecuted because he was already dead – was CowDung…
Tansandy January 16, 2013 at 12:29 PM
Once again Francis you seem to fantasize about the true facts of this case in Waukesha. Either you don't know the real truth, or affraid your story won't have the wow factor unless you make up your own results. Which is it?
Mary January 16, 2013 at 04:53 PM
What are the requirements to have a refferendum on the ballot? Anytime there is such a division ie; voter ID or gun controll let the peoples voice be heard. I myself would be willing to help anyone who wants to get their official ID . I wonder how monitors the nursing homes, the assisted living facilities,mental health institutions etc. to assure that they are actually qualified voters casting ballots. Who actually are not eligible to vote besides comatose patients?
Mary January 16, 2013 at 05:05 PM
With all due respect Mr Tatarowicz, if you do not beleive voter fraud is a fact and wide spread you are contributing to the problem.There are a number of problems that contribute to the fraud .
Randy1949 January 16, 2013 at 05:15 PM
ID would not be so much of a problem if the requirements for obtaining one were not so stringent. Not only must the picture ID prove that you are who you say you are (quite reasonable) but you must prove your US citizenship with a birth certificate, even though you my have done that in the past using legally acceptable methods at the time. For instance, my voter registration goes back to a Wisconsin State ID and presumably a birth certificate that I produced back when I was 21, but from my reading of the law, I will have to produce one again once my current Wisconsin drivers license expires. Just to vote at a poll where I've been registered for over 40 years. If not, I certainly will have to produce one at the DMV to get the 'free' ID once I no longer drive. No problem for me, because I live out in the 'burbs' where we have a DMV office close by and I have family to get me there. However, this law seems almost to be designed to discourage certain voters.
Frances Martin January 16, 2013 at 06:09 PM
If you want to see the best evidence, pro and con, regarding the claimed 'voter fraud" and the difficulties by some people in getting a gov. i.d., you could access the case files for the cases challenging the voter i.d. law--both sides presented evidence in support of their cases. The result was the striking down of the law. It's under appeal now, and I'm sorry but don't have at my fingertips how you'd access the case files-I don't know whether the supporting documents are on line or not. and my suggestion is to actually look at the real evidence, and then read the judges decision before you conclude anything at all about the merits,regardless of your political beliefs.
John Wilson January 16, 2013 at 07:10 PM
Randy1949 - "However, this law seems almost to be designed to discourage certain voters." Well, it was and it is!
CowDung January 16, 2013 at 07:28 PM
Randy: The Federal REAL ID program requires proof of citizenship for renewal of drivers license. Everyone will have to do it within the next few years...
Frances Martin January 16, 2013 at 08:11 PM
microchipped and robotized
John Wilson January 17, 2013 at 12:00 AM
CowDung – That’s what congressman Senselessbrenner thought too, when he attached his intrusive and inane Real ID bill to a “must pass” appropriations bill back in 2005… and yet, here we are…
Randy1949 January 17, 2013 at 12:16 AM
@CowDung -- So non-citizens won't be able to drive? People who can't produce a birth certificate, even though they've been licensed drivers for years, won't be able to drive?
CowDung January 17, 2013 at 03:12 PM
Apparently so. You need to have one or more of the following: --Valid U.S. passport or passport card. --U.S. State or local government issued Certificate of Birth. (Wisconsin will not accept Puerto Rican birth certificates issued before July 1, 2010 in line with Puerto Rico’s law as of October 30, 2010. More information at: www.pr.gov). --Consular report of birth abroad. --Valid I-551, permanent resident card (issued by the Department of Homeland Security/U.S. citizenship and immigration services). Non-expiring I-551 (issued 1977-1989) cards are acceptable. --U.S. Certificate of Naturalization (federal form N-550). --Certificate of U.S. Citizenship (federal form N-560). --Employment Authorization Document. --Unexpired foreign passport with a valid unexpired U.S. visa affixed accompanied by the approved I-94 form documenting the applicants most recent admittance into the U.S.


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