[EL] Wisconsin voter id/still more news

Rick Hasen rhasen at law.uci.edu
Tue Sep 23 15:01:21 PDT 2014 

    Wisconsin Files Opposition to 7th Circuit Rehearing on Voter ID Law
    <http://electionlawblog.org/?p=65804>

Posted onSeptember 23, 2014 2:59 pm 
<http://electionlawblog.org/?p=65804>byRick Hasen 
<http://electionlawblog.org/?author=3>

You can read theopposition here 
<http://electionlawblog.org/wp-content/uploads/wi-opposition-en-banc.pdf>.

I would say it is great chutzpah for Wisconsin to argue, as it does, 
that one reason the en banc court should not reverse the panel is 
because another reversal would cause voter confusion: "Plaintiffs are 
asking this Court to pinball state and local election officials between 
enforcing and not enforcing the law with an election on the horizon. 
Voters would get the pinball treatment, too." This is ironic because a 
stay had been in place until last week's surprise order implementing a 
voter id plan that originally was to be part of an 8 month rollout.

The brief is also cavalier in its treatment of those voters who lack id 
before the election and their potential disenfranchisement. It notes 
that 90% of the voters have id; so a 10% disenfranchisement rate is 
okay?  Its only response to the argument that WI voters born out of 
state will not be able to get their documents in time to get the "free" 
id (not really free since the documents verifying identity costs money) 
is that the number of such voters is "speculative."  So it is okay to 
disenfranchise a speculative number of Wisconsin voters so close to the 
election?

All of thiselectoral 
<http://electionlawblog.org/?p=65382>chaos<http://electionlawblog.org/?p=65487>might 
be worth it if there were a major problem of impersonation fraud in 
Wisconsin.  But Wisconsin does not have a problem with impersonation 
fraud, something the state conceded. And the Supreme Court has cautioned 
against changing the rules just before the election in the /Purcell v. 
Gonzalez/case.  Wisconsin's attempt to distinguish /Purcell/is really 
feeble. In Purcell, the Supreme Court said:/
/

    Faced with an application to enjoin operation of
    voter identification procedures just weeks before an election,
    the Court of Appeals was required to weigh, in addition to the harms
    attendant upon issuance or nonissuance of an injunction,
    considerations specific to election cases and its own institutional
    procedures. Court orders affecting elections, especially conflicting
    orders, can themselves result in voter confusion and consequent
    incentive to remain away from the polls. As an election draws
    closer, that risk will increase.

Here's what Wisconsin says about Purcell:

    In/Purcell v. Gonzalez/, 549 U.S. 1 (2006) (per curiam), the U.S.
    Supreme Court vacated an injunction granted on appeal by the Ninth
    Circuit, which halted Arizona's enforcement of its voter ID law. The
    Ninth Circuit's injunction pending appeal was entered on October 5,
    2006./Id./at 3. The Supreme Court's decision in/Purcell/was issued
    on October 20, 2006./Id./at 1. There were elections weeks later on
    November 7, 2006. This Court's Order is consistent with/Purcell/.

This does not respond at all to the admonition that a court, especially 
an appellate court, should not change election rules midstream.

So what happens next? The court has already denied a motion for One 
Wisconsin to file anamicus brie <http://electionlawblog.org/?p=65797>f 
in the case.  I expect an order on the rehearing peitition to come any 
time.  The order can be: (1) rehearing from the panel granted, and 
presumably a reversal from the panel; (2) rehearing from the panel 
denied (that seems most likely) and (a) rehearing en banc denied, 
meaning the case can then go to the Supreme Court for emergency relief; 
(b) rehearing en banc granted, with (i) an order reversing the panel and 
putting the id law back on hold for this election, or (ii) an order for 
an oral argument (which seems unlikely given the time frame).

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Posted inelection administration 
<http://electionlawblog.org/?cat=18>,The Voting Wars 
<http://electionlawblog.org/?cat=60>,voter id 
<http://electionlawblog.org/?cat=9>,Voting Rights Act 
<http://electionlawblog.org/?cat=15>


    "Making Registering to Vote as Easy as Posting to Facebook"
    <http://electionlawblog.org/?p=65802>

Posted onSeptember 23, 2014 1:09 pm 
<http://electionlawblog.org/?p=65802>byRick Hasen 
<http://electionlawblog.org/?author=3>

NYT's First Draft reports 
<http://www.nytimes.com/politics/first-draft/2014/09/23/making-registering-to-vote-as-easy-as-posting-to-facebook/>.

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Posted inelection administration 
<http://electionlawblog.org/?cat=18>,voter registration 
<http://electionlawblog.org/?cat=37>


    "Brief filed in Wisconsin Voter ID case points out limited DMV
    access" <http://electionlawblog.org/?p=65797>

Posted onSeptember 23, 2014 12:16 pm 
<http://electionlawblog.org/?p=65797>byRick Hasen 
<http://electionlawblog.org/?author=3>

The Cap Times: 
<http://host.madison.com/news/local/writers/jessie-opoien/article_45c2d51e-4b67-5a50-8b2f-bd24763450e1.html#.VCB_X1JvpSo.twitter>

    An amicus brief filed in the effort to stop Wisconsin's Voter ID law
    from being implemented before Election Day
    <http://www.huffingtonpost.com/2014/09/16/wisconsin-voter-id-law_n_5832472.html> focuses
    on a lack of access for many to Department of Motor Vehicles service
    centers throughout the state between now and Nov. 4.

    The brief, filed by One Wisconsin Institute
    <http://www.onewisconsinnow.org/institute/> (the research arm of One
    Wisconsin Now <http://www.onewisconsinnow.org/>), demonstrates the
    differences between Wisconsin and Indiana with regard to
    implementing Voter ID laws. One Wisconsin Institute's research shows
    that Wisconsin residents have much less access to DMV centers to
    obtain necessary identification than Indiana residents do.

I have posted the proposed amicus brief, which has not yet been accepted 
by the court for filing,at this link. 
<http://electionlawblog.org/wp-content/uploads/one-wisconsin-amicus.pdf>

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Posted inelection administration 
<http://electionlawblog.org/?cat=18>,The Voting Wars 
<http://electionlawblog.org/?cat=60>,voter id 
<http://electionlawblog.org/?cat=9>,Voting Rights Act 
<http://electionlawblog.org/?cat=15>


    "Campaign Finance Reform Bill Introduced By Representatives David
    Price and Chris Van Hollen Last Week"
    <http://electionlawblog.org/?p=65795>

Posted onSeptember 23, 2014 11:50 am 
<http://electionlawblog.org/?p=65795>byRick Hasen 
<http://electionlawblog.org/?author=3>

Democracy 21 
<http://www.democracy21.org/legislative-action/press-releases-legislative-action/campaign-finance-reform-bill-introduced-by-representatives-david-price-and-chris-van-hollen-last-week/>:

    On Thursday, September 18, 2014, Representatives David Price (D-NC)
    and Chris Van Hollen (D-MD) introduced H.R. 5641, legislation to
    shut down individual-candidate Super PACs and strengthen the laws
    that prohibit outside groups from coordinating their activities with
    candidates and parties.

    The legislation is a standalone bill that contains the provisions
    dealing with Super PACs and coordination that are also found in the
    more comprehensive Empowering Citizens Act (H.R 270), introduced
    last year by Representatives Price and Van Hollen. (A summary of the
    Super PAC and coordination previsions in HR. 5641 is included in the
    summary of H.R. 270.
    <http://www.democracy21.org/ppf-notes/press-releases-ppf-notes/a-summary-of-h-r-6448-the-empowering-citizens-act-2/>)

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Posted incampaign finance <http://electionlawblog.org/?cat=10>


    "D'Souza gets community confinement for election law violation"
    <http://electionlawblog.org/?p=65793>

Posted onSeptember 23, 2014 10:46 am 
<http://electionlawblog.org/?p=65793>byRick Hasen 
<http://electionlawblog.org/?author=3>

Reuters 
<https://news.yahoo.com/dsouza-gets-community-confinement-election-law-violation-173954453.html>: 
"Conservative author and filmmaker Dinesh D'Souza was sentenced on 
Tuesday to spend eight months in a community confinement center during 
five years of probation after pleading guilty to a campaign finance law 
violation."

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Posted incampaign finance <http://electionlawblog.org/?cat=10>,chicanery 
<http://electionlawblog.org/?cat=12>


    "Kobach's Last Ploy To Thwart Dems In Kansas Senate Race Dealt Big
    Setback" <http://electionlawblog.org/?p=65791>

Posted onSeptember 23, 2014 9:47 am 
<http://electionlawblog.org/?p=65791>byRick Hasen 
<http://electionlawblog.org/?author=3>

Dylan Scott reports 
<http://talkingpointsmemo.com/livewire/kansas-supreme-court-orel-case-lowercourt>for 
TPM.

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Posted inUncategorized <http://electionlawblog.org/?cat=1>


    "Happy National Voter Registration Day!"
    <http://electionlawblog.org/?p=65788>

Posted onSeptember 23, 2014 9:32 am 
<http://electionlawblog.org/?p=65788>byRick Hasen 
<http://electionlawblog.org/?author=3>

Pew celebrates 
<http://www.pewtrusts.org/en/about/news-room/news/2014/09/23/happy-national-voter-registration-day>.

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Posted inUncategorized <http://electionlawblog.org/?cat=1>


    "Orman catches another break in legal fight over Kansas Senate
    ballot" <http://electionlawblog.org/?p=65786>

Posted onSeptember 23, 2014 9:31 am 
<http://electionlawblog.org/?p=65786>byRick Hasen 
<http://electionlawblog.org/?author=3>

The Fix reports. 
<http://www.washingtonpost.com/blogs/post-politics/wp/2014/09/23/orman-catches-another-break-in-legal-fight-over-kansas-senate-ballot/?tid=hpModule_ba0d4c2a-86a2-11e2-9d71-f0feafdd1394&hpid=z10>

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Posted inballot access <http://electionlawblog.org/?cat=46>,campaigns 
<http://electionlawblog.org/?cat=59>


    "Kansas Supreme Court orders ballot case to Shawnee County District
    Court" <http://electionlawblog.org/?p=65784>

Posted onSeptember 23, 2014 8:47 am 
<http://electionlawblog.org/?p=65784>byRick Hasen 
<http://electionlawblog.org/?author=3>

Bryan Lowry 
reports<http://www.kansas.com/news/politics-government/election/article2213098.html>for 
the /Wichita Eagle./

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Posted inballot access <http://electionlawblog.org/?cat=46>,campaigns 
<http://electionlawblog.org/?cat=59>

-- 
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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