[EL] new voting rights lawsuit in Wisconsin

[Rick Hasen]

Edit <http://electionlawblog.org/wp-admin/post.php?post=72948&action=edit>


    Clinton Lawyer Marc Elias Among Those Behind Major New Voting Rights
    Lawsuit in Wisconsin <http://electionlawblog.org/?p=72945>

Posted onMay 29, 2015 1:27 pm 
<http://electionlawblog.org/?p=72945>byRick Hasen 
<http://electionlawblog.org/?author=3>

Here is howthe 
complaint<https://drive.google.com/file/d/0B7iBFXmiN89QLU5NWkhhZnYzTkpDNHdYSE0xUXRCV2pfeWI0/view?pli=1>for 
the lawsuit filed in federal court in Wisconsin begins:

    This lawsuit concerns the most fundamental of rights guaranteed
    citizens in our representative democracy—the right to vote. That
    right has been under attack in Wisconsin since Republicans gained
    control of the governor’s office and both houses of the
    State Legislature in the 2010 election. Indeed, since 2011, the
    State of Wisconsin has twice reduced in-person absentee (“early”)
    voting, introduced restrictions on voter registration, changed
    its residency requirements, enacted a law that encourages invasive
    poll monitoring, eliminated straight-ticket voting, eliminated for
    most (but not all) citizens the option to obtain an absentee ballot
    by fax or email, and imposed a voter identification (“voter ID”)
    requirement. These measures were intended to burden, abridge, and
    deny, and have had and will have the effect of burdening, abridging,
    and denying, the voting rights of Wisconsinites generally and of
    African-American, Latino, young, and/or Democratic voters in
    Wisconsin in particular.

    As set forth below, these and the other provisions challenged in
    this Complaint (the “challenged provisions”) violate Section 2 of
    the Voting Rights Act, 52 U.S.C. § 10301, and/or the First
    Amendment, the Equal Protection Clause of the Fourteenth Amendment,
    the Fifteenth Amendment, and/or the Twenty-Sixth Amendment to the
    United States Constitution. The challenged provisions should
    therefore be declared illegal and enjoined.

A few thoughts:

1. As with thenew Ohio litigation <http://electionlawblog.org/?p=72382>, 
the case is not officially being brought by the Clinton campaign but is 
being backed by the Clinton’s general counsel, Marc Elias. It is hard to 
believe such a suit would not be brought with Marc’s involvement without 
political vetting by the Clinton campaign.

2. These lawsuits serve a political purpose even if they are not 
successful legally. They keep the issue of voter suppression in the 
minds of Democratic constituencies and help galvanize Democratic voters. 
It puts Democrats on the offensive rather than the defensive.

3. As to the chances of success, if this case gets before the same 
federal judge which initially struck down Wisconsin’s voter id law, this 
case could well have a good chance of success. [Update: The case was 
filed in Western district, and Judge Adelman (as well as Judge Randa, 
who would not be a good draw for Democrats) is in the Eastern district.] 
But its fate is much less certain before the 7th Circuit (which reversed 
that district court opinion) or the Supreme Court. These cases are hard 
to win, especially if they are premised on a “retrogression” theory. 
  But we’ll see.  It is really too early for me to to say.

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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
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http://electionlawblog.org

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