In a sweeping opinion handed down in late July, United States District Judge James Peterson struck a substantial number of voting provisions from the books in Wisconsin. The opinion, which spans 119 pages, found that multiple voter restrictions enacted by the state legislature were motivated by a desire to advantage incumbent and aspiring Republican officials. The court first rejected the plaintiffs’ facial challenge, relying on a 7th Circuit decision which held that even if some voters have trouble complying with the law, and those voters tend to be racial minorities, the law is not necessarily facially unconstitutional. This initial victory in preserving the overall voter ID law marks the extent of the defendants’ success in the case.
By: Lisa Zhang
One Wisconsin institute, Citizen Action of Wisconsin Education Fund, and six Wisconsin residents filed a complaint against a series of provisions that Wisconsin has made since 2011 to its voting and election laws.
Interestingly, Wisconsin’s election laws just withstood a challenge that had lasted for four years. On March 23, 2015, the Supreme Court denied the petition for certiorari of Frank v. Walker. In Frank, plaintiffs challenged 2011 Wisconsin Act 23, which specifies limited acceptable forms of photo IDs, under the Equal Protection Clause of the Fourteenth Amendment, and the district court found it in violation of both the 14th Amendment and Section 2 of the Voting Rights Act (VRA). The 7th Circuit reversed the judgement on the ground that Wisconsin’s Voter ID law does not differ in ways that matter under the analysis in Crawford v. Marion.
By Dan Sinclair
In a lengthy session stretching from last Friday night to the early hours of Saturday morning, the Wisconsin Senate voted to approve a pair of bills making significant changes to the state’s campaign finance laws and election oversight. The latter provision entailed an official plan to replace Wisconsin’s Government Accountability Board (GAB), a nonpartisan elections and ethics board. Republican legislators had made both issues a priority in recent months, with last weekend’s vote coming less than a month after legislators held a hearing to propose sweeping changes.