[EL] Wisconsin voter id case
Rick Hasen
rhasen at law.uci.edu
Thu Jul 31 11:26:15 PDT 2014
D'oh! I sent this and neglected to change the header properly.
On 7/31/14, 11:25 AM, Rick Hasen wrote:
> If anyone responds to Brad, please use this (or another substantive)
> heading.
> Thanks.
> On 7/31/14, 11:15 AM, Smith, Brad wrote:
>> As many on this list know, I'm not a big drum beater for claims of
>> voter fraud, whether of today's GOP claims or the "black box"
>> conspiracy theories rampant in some liberal circles a decade and more
>> ago, and I agree with at least some, if not many, of the criticisms
>> of voter ID laws, although I do think most of those passed are
>> constitutional (if not necessarily wise policy).
>>
>> With that caveat, I do think that
>> 1) it's not at all clear that a voter ID law would not have prevented
>> the fraud cited by the Court. What is almost certainly the most
>> common form of ID voters would present in Wisconsin, a driver's
>> license, includes address information. Some of the other documents
>> that satisfy the law do as well. This would not absolutely "stop" the
>> type of fraud (multiple voting in more than one location, voting
>> where did not live, providing false information) that Monroe engaged
>> in, but it could certainly make it more likely to be caught - raising
>> suspicions of poll officials, for example, when the address didn't
>> match the claimed residence, or requiring a casual fraudster such as
>> Monroe to use more effort to obtain other documents he might not
>> have, that may discourage him from pursuing the fraud).
>>
>> 2) "...all of them were caught /without /a voter id requirement"
>> (emphasis in original). If I am correct that a voter ID requirement
>> would make it easier to catch some fraud, however, that's not
>> terribly relevant.
>>
>> 3) presumably the Court, in evaluating the constitutionality of the
>> law, shouldn't be overly concerned with which side benefits most from
>> fraud.
>>
>> Whether the amount of fraud that might be prevented is worth it, and
>> what standard of review judges should use in making that evaluation,
>> are other questions.
>>
>> /Bradley A. Smith/
>>
>> /Josiah H. Blackmore II/Shirley M. Nault/
>>
>> / Professor of Law/
>>
>> /Capital University Law School/
>>
>> /303 E. Broad St./
>>
>> /Columbus, OH 43215/
>>
>> /614.236.6317/
>>
>> /http://law.capital.edu/faculty/bios/bsmith.aspx/
>>
>> ------------------------------------------------------------------------
>> *From:* law-election-bounces at department-lists.uci.edu
>> [law-election-bounces at department-lists.uci.edu] on behalf of Rick
>> Hasen [rhasen at law.uci.edu]
>> *Sent:* Thursday, July 31, 2014 12:41 PM
>> *To:* law-election at UCI.edu
>> *Subject:* [EL] more news 7/31/14
>>
>>
>> Irony Dept: Only Evidence of Voter Fraud Cited by WI Supreme
>> Court Involves Scott Walker Supporter Committing Fraud ID Law
>> Would Not Prevent <http://electionlawblog.org/?p=63868>
>>
>> Posted on July 31, 2014 9:37 am
>> <http://electionlawblog.org/?p=63868>by Rick Hasen
>> <http://electionlawblog.org/?author=3>
>>
>> In both of today's Wisconsin Supreme Court voter id cases (the NAACP
>> case
>> <http://www.wicourts.gov/sc/opinion/DisplayDocument.pdf?content=pdf&seqNo=118667>
>> and the LWV case
>> <http://www.wicourts.gov/sc/opinion/DisplayDocument.pdf?content=pdf&seqNo=118665>),
>> the court majority includes an identical footnote to rebut the
>> argument that there's no good evidence of in person, impersonation
>> voter fraud to support the state's voter id requirement. (Justice
>> Crooks' dissent in the NAACP case describes the lack of good evidence
>> of impersonation voter fraud, and the testimony of Professor Kenneth
>> Mayer in some detail). Here is the footnote, in full:
>>
>> A recent filing in Milwaukee County demonstrates that voter fraud
>> is a concern. See State v. Monroe, 2014CF2625 (June 20, 2014),
>> wherein the Milwaukee County District Attorney's office filed a
>> criminal complaint against Robert Monroe that alleged 13 counts
>> of voter fraud, including multiple voting in elections and
>> providing false information to election officials in order to vote.
>>
>> My irony meter started blinking uncontrollably when I read this. The
>> Monroe allegations were recently described by TPM in Scott Walker
>> Supporter Charged With Major Voter Fraud Claims Amnesia:
>>
>> A supporter of Wisconsin Gov. Scott Walker (R) has been charged
>> with over a dozen counts of election fraud --- though he
>> reportedly claims a form of temporary amnesia has left him unable
>> to recall his actions.
>>
>> In an indictment filed in Milwaukee County court on Friday,
>> Robert Monroe, 50, of Shorewood, Wis., was charged with 13 felony
>> counts of election fraud, each of which could carry up to three
>> and a half years in prison, or a $10,000 fine, upon conviction.
>> Monroe is accused of registering to vote in more than one place,
>> voting where he didn't live, voting more than once in the same
>> election, and providing false information to election officials.
>>
>> The indictment said that Monroe, a health insurance executive,
>> "became especially focused upon political issues and causes" in
>> 2011 and 2012, and was particularly invested in the recall
>> elections that followed the state's fight over public employees'
>> collective bargaining rights. Monroe allegedly cast at least two
>> ballots in three elections (an April 2011 Supreme Court election,
>> an August 2011 state Senate recall election, and the 2012
>> presidential election) and cast five ballots in the state's June
>> 2012 gubernatorial recall.
>>
>> From TPM's description of the indictment, it does not appear that ANY
>> of the alleged 13 counts of voter fraud that Mr. Monroe was charged
>> with would have been stopped by a voter id requirement. And note that
>> all of them were caught /without/ a voter id requirement. And note
>> that despite the fact that the most rabid conservatives calling for
>> voter id claim (as Roger Clegg did at a recent event I did with him
>> at the University of Chicago's Institute of Politics) that when voter
>> fraud occurs it is usually done to help Democrats, this /only/ case
>> cited by the Wisconsin Supreme Court majority involves a rabid
>> conservative supporter of Scott Walker.
>>
>> Share
>> <http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D63868&title=Irony%20Dept%3A%20Only%20Evidence%20of%20Voter%20Fraud%20Cited%20by%20WI%20Supreme%20Court%20Involves%20Scott%20Walker%20Supporter%20Committing%20Fraud%20ID%20Law%20Would%20Not%20Prevent&description=>
>> Posted in election administration
>> <http://electionlawblog.org/?cat=18>, fraudulent fraud squad
>> <http://electionlawblog.org/?cat=8>, The Voting Wars
>> <http://electionlawblog.org/?cat=60>, voter id
>> <http://electionlawblog.org/?cat=9>
>>
>>
>> WI Supreme Court Rewrites State Voter ID Law to Prevent It from
>> Being an Unconstitutional Poll Tax
>> <http://electionlawblog.org/?p=63866>
>>
>> Posted on July 31, 2014 9:29 am
>> <http://electionlawblog.org/?p=63866>by Rick Hasen
>> <http://electionlawblog.org/?author=3>
>>
>> In today's 4-3 Wisconsin Supreme Court voter id case (the NAACP case
>> <http://www.wicourts.gov/sc/opinion/DisplayDocument.pdf?content=pdf&seqNo=118667>,
>> not the LWV case
>> <http://www.wicourts.gov/sc/opinion/DisplayDocument.pdf?content=pdf&seqNo=118665>),
>> the Wisconsin Supreme Court splits along party lines in upholding the
>> voter id law against a challenge that it violates the state
>> constitution. Nonetheless the Court rewrites the law to avoid a
>> constitutional problem it identifies. Roughly speaking, although WI
>> law lets you get a free state id if you don't have one for voting,
>> the costs of obtaining the birth certificate or other proof needed to
>> get the id is not free. The majority then imposes a requirement that
>> the DMV consider giving the birth certificate for free for this
>> purpose using its discretion. From paragraph 70:
>>
>> Stated otherwise, to invoke an administrator's discretion in the
>> issuance of a DOT photo identification card to vote, an elector:
>> (1) makes a written petition to a DMV administrator as directed
>> by Wis. Admin. Code § Trans 102.15(3)(b) set forth above; (2)
>> asserts he or she is "unable" to provide documents required by
>> § Trans 102.15(3)(a) without paying a fee to a government agency
>> to obtain them; (3) asserts those documents are "unavailable"
>> without the payment of such a fee; and (4) asks for an exception
>> to the provision of § Trans 102.15(3)(a) documents whereby proof
>> of name and date of birth that have been provided are accepted.
>> § Trans 102.15(3)(b) and (c). Upon receipt of a petition for an
>> exception, the administrator, or his or her designee, shall
>> exercise his or her discretion in a constitutionally sufficient
>> manner.
>>
>> Dissenting Justice Crooks remarks on this procedure:
>>
>> If the majority opinion leaves in place the discretion of DMV
>> administrators to issue exceptions to those burdened by the cost
>> of obtaining underlying documentation, it fails to guarantee
>> constitutional protections against poll taxes. On the other hand,
>> if the majority opinion requires DMV administrators to issue
>> photo identification cards to individuals who are burdened by the
>> cost of obtaining required underlying documentation, then it is
>> directing a nonparty to take specific action, which it has no
>> authority to do. In sum, the remedy imposed by the majority,
>> under either
>> approach, is flawed.
>>
>> Share
>> <http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D63866&title=WI%20Supreme%20Court%20Rewrites%20State%20Voter%20ID%20Law%20to%20Prevent%20It%20from%20Being%20an%20Unconstitutional%20Poll%20Tax&description=>
>> Posted in election administration
>> <http://electionlawblog.org/?cat=18>, The Voting Wars
>> <http://electionlawblog.org/?cat=60>, voter id
>> <http://electionlawblog.org/?cat=9>
>>
>>
>> "Hundreds of big donors, including Obama bundlers, are 'Ready for
>> Hillary'" <http://electionlawblog.org/?p=63864>
>>
>> Posted on July 31, 2014 9:21 am
>> <http://electionlawblog.org/?p=63864>by Rick Hasen
>> <http://electionlawblog.org/?author=3>
>>
>> WaPo reports.
>> <http://www.washingtonpost.com/politics/hundreds-of-big-donors-including-obama-bundlers-are-ready-for-hillary/2014/07/31/e9dfbdf2-181e-11e4-9349-84d4a85be981_story.html>
>>
>> Share
>> <http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D63864&title=%E2%80%9CHundreds%20of%20big%20donors%2C%20including%20Obama%20bundlers%2C%20are%20%E2%80%98Ready%20for%20Hillary%E2%80%99%E2%80%9D&description=>
>> Posted in campaign finance <http://electionlawblog.org/?cat=10>
>>
>>
>> Paul Gronke's Reflections on Being Election Observer in Ukraine
>> <http://electionlawblog.org/?p=63862>
>>
>> Posted on July 31, 2014 8:41 am
>> <http://electionlawblog.org/?p=63862>by Rick Hasen
>> <http://electionlawblog.org/?author=3>
>>
>> Top this week's Electionline Weekly
>> <http://www.electionline.org/index.php/electionline-weekly>.
>>
>> Share
>> <http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D63862&title=Paul%20Gronke%E2%80%99s%20Reflections%20on%20Being%20Election%20Observer%20in%20Ukraine&description=>
>> Posted in election administration <http://electionlawblog.org/?cat=18>
>>
>>
>> "Eric Holder Takes Voting Rights Battle to Ohio, Wisconsin"
>> <http://electionlawblog.org/?p=63860>
>>
>> Posted on July 31, 2014 8:38 am
>> <http://electionlawblog.org/?p=63860>by Rick Hasen
>> <http://electionlawblog.org/?author=3>
>>
>> WSJ reports.
>> <http://online.wsj.com/articles/eric-holder-takes-voting-rights-battle-to-ohio-wisconsin-1406752699>
>>
>> Share
>> <http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D63860&title=%E2%80%9CEric%20Holder%20Takes%20Voting%20Rights%20Battle%20to%20Ohio%2C%20Wisconsin%E2%80%9D&description=>
>> Posted in Department of Justice <http://electionlawblog.org/?cat=26>,
>> election administration <http://electionlawblog.org/?cat=18>, The
>> Voting Wars <http://electionlawblog.org/?cat=60>, Voting Rights Act
>> <http://electionlawblog.org/?cat=15>
>>
>>
>> "125,000 receive erroneous notification regarding voting status"
>> <http://electionlawblog.org/?p=63858>
>>
>> Posted on July 31, 2014 8:37 am
>> <http://electionlawblog.org/?p=63858>by Rick Hasen
>> <http://electionlawblog.org/?author=3>
>>
>> Times Dispatch
>> <http://www.timesdispatch.com/news/state-regional/virginia-politics/receive-erroneous-notification-regarding-voting-status/article_6a908c80-1822-11e4-be1e-001a4bcf6878.html>:
>> "The Virginia Department of Elections has erroneously mailed
>> notifications to about 125,000 registered Virginia voters raising
>> uncertainty regarding their voting status."
>>
>> Share
>> <http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D63858&title=%E2%80%9C125%2C000%20receive%20erroneous%20notification%20regarding%20voting%20status%E2%80%9D&description=>
>> Posted in election administration <http://electionlawblog.org/?cat=18>
>>
>>
>> "Minneapolis Registration Controversy Leads to Wider Scrutiny of
>> Private Mail Centers" <http://electionlawblog.org/?p=63856>
>>
>> Posted on July 31, 2014 8:34 am
>> <http://electionlawblog.org/?p=63856>by Rick Hasen
>> <http://electionlawblog.org/?author=3>
>>
>> A ChapinBlog.
>> <http://blog.lib.umn.edu/cspg/electionacademy/2014/07/minneapolis_registration_contr.php>
>>
>> Share
>> <http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D63856&title=%E2%80%9CMinneapolis%20Registration%20Controversy%20Leads%20to%20Wider%20Scrutiny%20of%20Private%20Mail%20Centers%E2%80%9D&description=>
>> Posted in absentee ballots <http://electionlawblog.org/?cat=53>,
>> election administration <http://electionlawblog.org/?cat=18>
>>
>>
>> "Corporations Have Found Yet Another (Secret) Way To Help Get
>> Politicians Elected" <http://electionlawblog.org/?p=63854>
>>
>> Posted on July 31, 2014 8:32 am
>> <http://electionlawblog.org/?p=63854>by Rick Hasen
>> <http://electionlawblog.org/?author=3>
>>
>> Paul Blumenthal
>> <http://www.huffingtonpost.com/2014/07/31/super-pacs-corporations_n_5635382.html>:
>>
>> On June 14, 2012, someone created a corporation in Ohio called
>> American Dream Fund LLC
>> <http://www2.sos.state.oh.us/reports/rwservlet?imgc&Din=201217001210>.
>> Six months later, this corporation made a $250,000 contribution
>> to a super PAC called Advancing Freedom Action Network
>> <http://about.me/advancingfreedom>, which supports the
>> re-election of Ohio Secretary of State Jon Husted (R).
>>
>> The actual person behind American Dream Fund LLC remains unknown.
>> The limited liability corporation was created by an incorporation
>> firm called CT Corporation System. The LLC's listed agents are
>> simply hired incorporators working for CT Corporation System.
>>
>> The contribution itself was even made harder to detect. Advancing
>> Freedom Action Network, which was registered with the Federal
>> Election Commission in August 2012 by Husted ally Kevin DeWine,
>> failed to file reports electronically, as required by law. The
>> American Dream Fund contribution appeared only on a paper report
>> <http://docquery.fec.gov/pdf/341/13031021341/13031021341.pdf>,
>> where it was apparently missed by the FEC staff and automated
>> software. It is not noted on the FEC's webpage for the super PAC
>> or in other campaign contribution databases across the Internet.
>>
>> DeWine did not respond to a request for comment.
>>
>> Share
>> <http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D63854&title=%E2%80%9CCorporations%20Have%20Found%20Yet%20Another%20%28Secret%29%20Way%20To%20Help%20Get%20Politicians%20Elected%E2%80%9D&description=>
>> Posted in campaign finance <http://electionlawblog.org/?cat=10>,
>> election administration <http://electionlawblog.org/?cat=18>
>>
>>
>> "Politicians: The Good , The Bad, and The Corrupt--and their
>> Different 'Constituencies'" <http://electionlawblog.org/?p=63852>
>>
>> Posted on July 31, 2014 8:30 am
>> <http://electionlawblog.org/?p=63852>by Rick Hasen
>> <http://electionlawblog.org/?author=3>
>>
>> Bauer blogs.
>> <http://www.moresoftmoneyhardlaw.com/2014/07/politicians-good-bad-corrupt-different-constituencies/>
>>
>> Share
>> <http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D63852&title=%E2%80%9CPoliticians%3A%20The%20Good%20%2C%20The%20Bad%2C%20and%20The%20Corrupt%E2%80%93and%20their%20Different%20%E2%80%98Constituencies%E2%80%99%E2%80%9D&description=>
>> Posted in campaign finance <http://electionlawblog.org/?cat=10>
>>
>>
>> "Groups Seek Summary Judgment Against FEC for Dismissal of
>> Crossroads GPS Complaint" <http://electionlawblog.org/?p=63850>
>>
>> Posted on July 31, 2014 8:25 am
>> <http://electionlawblog.org/?p=63850>by Rick Hasen
>> <http://electionlawblog.org/?author=3>
>>
>> See here
>> <http://www.campaignlegalcenter.org/index.php?option=com_content&view=article&id=2555:fec-general-counsels-findings-a-recommendations-to-investigate-ignored&catid=63:legal-center-press-releases&Itemid=61>.
>>
>> Share
>> <http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D63850&title=%E2%80%9CGroups%20Seek%20Summary%20Judgment%20Against%20FEC%20for%20Dismissal%20of%20Crossroads%20GPS%20Complaint%E2%80%9D&description=>
>> Posted in campaign finance <http://electionlawblog.org/?cat=10>
>> --
>> Rick Hasen
>> Chancellor's Professor of Law and Political Science
>> UC Irvine School of Law
>> 401 E. Peltason Dr., Suite 1000
>> Irvine, CA 92697-8000
>> 949.824.3072 - office
>> 949.824.0495 - fax
>> rhasen at law.uci.edu
>> http://www.law.uci.edu/faculty/full-time/hasen/
>> http://electionlawblog.org
>
> --
> Rick Hasen
> Chancellor's Professor of Law and Political Science
> UC Irvine School of Law
> 401 E. Peltason Dr., Suite 1000
> Irvine, CA 92697-8000
> 949.824.3072 - office
> 949.824.0495 - fax
> rhasen at law.uci.edu
> http://www.law.uci.edu/faculty/full-time/hasen/
> http://electionlawblog.org
>
>
> _______________________________________________
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--
Rick Hasen
Chancellor's Professor of Law and Political Science
UC Irvine School of Law
401 E. Peltason Dr., Suite 1000
Irvine, CA 92697-8000
949.824.3072 - office
949.824.0495 - fax
rhasen at law.uci.edu
http://www.law.uci.edu/faculty/full-time/hasen/
http://electionlawblog.org
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