Wisconsin Voter ID Law Takes Another Sharp Turn; Judge Strikes Down Recent 'Safety Net'

WISCONSIN -- A federal judge in July ruled that Wisconsin voters who don't have IDs would be able to cast ballots in November by signing affidavits swearing they are who they say they are.

But now they can't.

The U.S. Court of Appeals for the Seventh Circuit Court in Chicago issued a stay on the injunction filed by Judge Lynn Adelman that would have expanded Wisconsin voting laws.

In their opinion released today, 7th Circuit Appeals Court judges Frank Easterbrook, Michael Kanne and Diane Sykes stated that the injunction did not distinguish between legitimate obstacles to voting versus an individual's unwillingness to make the effort to acquire the appropriate documents required to vote in Wisocnsin.

Gov. Scott Walker, who challenged the injunction, released the following statement this morning after the decision by the United States Court of Appeals for the Seventh Circuit to stay the injunction issued by Judge Adelman regarding voter identification in Wisconsin:

"Voter ID is a reasonable measure to protect Wisconsin voters against cheating and make sure every vote counts. Today's decision to halt the injunction issued by Judge Adelman is a step in the right direction. The decision recognized that his previous ruling is likely to be reversed in light of Supreme Court precedent and would create more uncertainty for voters. Voters in Wisconsin support voter ID, and our administration will continue to work to make it easy to vote and hard to cheat."

The judges said in their opinion that if the injunction would have resulted in the "disruption of the state's electoral system in the interim will cause irreparable injury."

The Injunction

The decision by U.S. District Judge Lynn Adelman in Milwaukee created a "safety valve" for voters who have difficulties getting IDs and thus have been unable to cast ballots under the state's 2011 voter ID law,the Journal Sentinel reported.

The ruling would have allowed voters to use affidavits instead of IDs to vote in the Nov. 8 presidential election. The affidavit policy will not be in place during the August 9 primary for congressional and state legislative races.

Voter IDs Long and Winding Road in Wisconsin
Wednesday's ruling marks the latest chapter in the long-running legal saga over voter ID in Wisconsin. The law was blocked for years by court decisions, but went back into effect this year after overcoming those initial challenges.

The website Ballotpedia has a full timeline of events for Wisconsin's voter ID law.

Behold the complexity:

1. January 27, 2011: The bill was introduced to the Wisconsin State Assembly.[3]
2. May 9, 2011: The Joint Finance Committee approved the bill iby a 12-2 vote.[4]
3. May 11, 2011: The Wisconsin State Assembly approved the proposed bill by a vote of 60-35.[5]
4. May 17, 2011: The Wisconsin State Senate approved the bill by a 19-14 vote.[6]
5. May 25, 2011: Governor Scott Walker signed the bill into law.[3]
6. June 9, 2011: The legislation was published.[6]
7. October 20, 2011: The Wisconsin chapter of the League of Women Voters filed a lawsuit in Dane County Court challenging the law.[7]
8. December 13, 2011: The American Civil Liberties Union (ACLU), the ACLU of Wisconsin, and the National Law Center on Homelessness and Poverty filed a federal lawsuit, alleging that the law was unconstitutional and denied citizens the right to vote.[8]
9. February 21, 2012: Photo identification was required to vote in theprimary election.
10. March 6, 2012: Dane County Judge David Flanagan ruled that the requirement could not be enforced for the April 3 presidential primary and local elections.[9]
11. March 12, 2012: Dane County Circuit Judge Richard Niess ruled that the law violated the state constitution.[9] Attorney General J.B. Van Hollen appealed the decision.[3][9]
12. April 29, 2014: Judge Lynn Adelman blocked the photo ID requirement, ruling that it violated Section 2 of the Voting Rights Actand the Fourteenth Amendment of the Constitution. She concluded that about 300,000 Wisconsin residents currently did not have identification that would fulfill the requirements and that the law would "prevent more legitimate votes from being cast than fraudulent votes."
13. July 31, 2014: The Wisconsin Supreme Court upheld the identification requirement. The ruling was made under appeal, requiring a federal appeals court to overturn it for the requirement to be in effect for the November 4 elections.[10]
14. September 12, 2014: A three-member panel of the Seventh Circuit court determined that the photo identification requirements could take effect immediately.
15. September 26, 2014: The Seventh Circuit Court of Appealsdetermined that a hearing of the full court would not be held. The 10-member court voted on whether to hold a hearing and were split 5 -5. A majority is required to grant the request for a full hearing.[3]
16. October 9, 2014: the United States Supreme Court ordered that the requirement not take effect for the November 4, 2014, elections.[11]
17. March 23, 2015: The United States Supreme Court declined to hear a challenge against the law, thereby allowing the law to take full effect. Wisconsin state officials announced that the law would not be enforced for the election taking place on April 7, 2015, but would be enforced for subsequent elections.[2][1]
18. April 12, 2016: The United States Court of Appeals for the Seventh Circuit ordered a lower federal court to reconsider a case challenging Wisconsin's voter identification law.
19. May 10, 2016: Governor Scott Walker (R) approved a rule revising the state's voter identification process. Beginning May 13, 2016, voters who are attempting to obtain the required identification but who are unable to produce the requisite documentation can petition for an exception to the requirement. The voter will then be issued a receipt, which will be considered a valid form of identification at the polls.
20. July 19, 2016: Federal judge Lynn Adelman issued a preliminary injunction against the law, permitting Wisconsin voters who do not have the required forms of identification to vote in the 2016 general election by signing affidavits swearing to their identity.