[EL] WI appeal, VA felon voting decision, more news

Fri Jul 22 15:31:14 PDT 2016

Breaking: Wisconsin Will Go to 7th Circuit to Block Softening of Voter ID Law: What’s Next?<http://electionlawblog.org/?p=84529>
Posted on July 22, 2016 3:27 pm<http://electionlawblog.org/?p=84529> by Rick Hasen<http://electionlawblog.org/?author=3>

Wisconsin will seek to reverse <https://www.doj.state.wi.us/news-releases/attorney-general-brad-schimel-appeals-preliminary-injunction-issued-frank-v-walker> the order<https://www.aclu.org/legal-document/frank-v-walker-preliminary-injunction-motion-granted?redirect=legal-document/frank-v-walker-motion-granted> of the federal district court from earlier this week requiring election officials to allow those who lack the right form of ID to vote in WI elections to be able to vote upon signing an affidavit that they face a reasonable impediment in getting the right form of ID.

The suit will go to the 7th Circuit, presumably to the Easterbook-led panel again—the same court that sent the case back to Judge Adelman in the district court and told him to entertain a remedy for those voters who face special burdens in obtaining the right form of ID.

The motion for a stay<https://www.doj.state.wi.us/sites/default/files/news-media/Motion%20to%20Stay.PDF> filed in the district court previews the kinds of arguments that Wisconsin will make when, as is inevitable, the trial court denies this motion and an emergency motion is filed in the 7th circuit. The main arguments are that the affidavit is unnecessary, as the DMV procedures are good enough, and that in any case the affidavit is overbroad (because it would allow filling in “other” and any excuse for filing the id.

What will the 7th Circuit do?  I’m not sure. It would not surprise me if the court trimmed the id requirement back a bit. But it is possible that the court does nothing and sees how it goest this election, or that it rejects the affidavit entirely.

Whatever the 7th Circuit does could be taken en banc, and the last time that court divided 5-5 on what to do. That could happen again if the 7th Circuit gets rid of the affidavit entirely for the next election.

And the Supreme Court? I don’t expect there would be 5 votes to do anything, unless it is about an issue of making a change too close to the election.
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Posted in election administration<http://electionlawblog.org/?cat=18>, The Voting Wars<http://electionlawblog.org/?cat=60>, voter id<http://electionlawblog.org/?cat=9>

Breaking: VA Supreme Court on 4-3 Vote, Reverses Gov. McAuliffe’s Blanket Felon Reenfranchisement Order<http://electionlawblog.org/?p=84523>
Posted on July 22, 2016 2:59 pm<http://electionlawblog.org/?p=84523> by Rick Hasen<http://electionlawblog.org/?author=3>

You can find the 63 pages of opinions here<http://electionlawblog.org/wp-content/uploads/va-felon.pdf>.

This is a big blow both politically to Democrats (who would have gotten a boost from the restoration of voting rights to felons who had secured their sentences) as well as to the cause of felon reenfranchisement generally.

This decision is based upon interpretation of the Va Constitution, and there does not seem to be a path to the U.S. Supreme Court (not that there would be a majority to overturn this is any case). Much of the opinions are a debate about standing. Here is the money quote from the majority on the merits;

The assertion that a Virginia Governor has the power to grant blanket, group pardons is irreconcilable with the specific requirement in Article V, Section 12 that the Governor communicate to the General Assembly the “particulars of every case” and state his “reasons” for each pardon. This requirement implies a specificity and particularity wholly lacking in a blanket, group pardon of a host of unnamed and, to some extent, still unknown number of convicted felons. No such requirement exists in the United States Constitution, and thus, the text of Article V, Section 12 of the Constitution of Virginia undermines the Governor’s argument by analogy.

From one of the two dissents:

The merits of this case do not concern the issue of whether the Governor has done 18 something he has no right to do, but rather whether he has done what he has a right to do in an 19unconstitutional manner. Indeed, it is particularly telling that the majority does not dispute the 20 fact that the Governor may remove an individual felon’s political disabilities for any reason he  chooses, including that he has served his sentence.  Moreover, the majority acknowledges that the Governorcould use many individual orders to achieve the mass restoration of rights he sought to accomplish under the Executive Order. Thus, the majority, in essence, takes the position that the SuspensionClause requires the Governor to exercise his executive powers in a different, less efficient manner.

[This post has been updated]
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Posted in election administration<http://electionlawblog.org/?cat=18>, felon voting<http://electionlawblog.org/?cat=66>, The Voting Wars<http://electionlawblog.org/?cat=60>

This Week’s Goldfeder Presidential Quiz Questions<http://electionlawblog.org/?p=84521>
Posted on July 22, 2016 12:35 pm<http://electionlawblog.org/?p=84521> by Rick Hasen<http://electionlawblog.org/?author=3>

Knock yourself out.<http://www.stroock.com/files/upload/JerryGoldfederDailyQuiz.pdf>
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Posted in Uncategorized<http://electionlawblog.org/?cat=1>

“Presidential Primary Voter Turnout at 30% with Republican Increases and Democratic Decline”<http://electionlawblog.org/?p=84519>
Posted on July 22, 2016 12:27 pm<http://electionlawblog.org/?p=84519> by Rick Hasen<http://electionlawblog.org/?author=3>

FairVote number crunch.<http://www.fairvote.org/presidential_primary_voter_turnout_at_30_with_republican_increases_and_democratic_decline>
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Posted in campaigns<http://electionlawblog.org/?cat=59>, primaries<http://electionlawblog.org/?cat=32>

“Where Does Schimel Go From Here On New Voter ID Ruling?”<http://electionlawblog.org/?p=84517>
Posted on July 22, 2016 11:04 am<http://electionlawblog.org/?p=84517> by Rick Hasen<http://electionlawblog.org/?author=3>

Wisconsin Public Radio reports.<http://www.wpr.org/where-does-schimel-go-here-new-voter-id-ruling?platform=hootsuite>
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Posted in election 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>

“Adelman provides a necessary safety net for voters”<http://electionlawblog.org/?p=84515>
Posted on July 22, 2016 10:42 am<http://electionlawblog.org/?p=84515> by Rick Hasen<http://electionlawblog.org/?author=3>

Milwaukee Journal-Sentinel editorial:<http://www.jsonline.com/news/opinion/adelman-provides-a-necessary-safety-net-for-voters-b99765825z1--387872472.html>

Wisconsin’s voter ID law was a mistake from the start; a political talking point dressed up as policy, aiming to fix a problem that doesn’t exist. And although the law isn’t particularly onerous for most people, there are some for whom obtaining the necessary ID is substantially difficult. So difficult that some won’t — or won’t be able to — go through the hassle of getting one.

On Tuesday, U.S. District Judge Lynn Adelman <http://www.jsonline.com/news/statepolitics/judge-issues-injunction-allows-voters-without-ids-to-cast-ballots-b99764677z1-387501461.html> threw those people a lifeline, or “safety net,” as he called it. Adelman issued a preliminary ruling allowing Wisconsin voters without photo identification to cast ballots by swearing to their identity. Good for Adelman; allowing people to use affidavits to vote opens the ballot door to those who otherwise might not cast a ballot.

Attorney General Brad Schimel said the ruling was disappointing but did not say whether the state would appeal it. It shouldn’t. Government should be encouraging more people to vote, not placing limits on those who legitimately can.
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Posted in election 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>

Trump Asks Pence If He Can Set Up Super PAC Against Ted Cruz (Presumably Related to Next Senate Run?)<http://electionlawblog.org/?p=84512>
Posted on July 22, 2016 8:50 am<http://electionlawblog.org/?p=84512> by Rick Hasen<http://electionlawblog.org/?author=3>

Sopan Deb<https://twitter.com/SopanDeb/status/756515016942182402> has the quotes:

[rump]<http://electionlawblog.org/wp-content/uploads/trump.jpg>

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

--
Rick Hasen
Chancellor's Professor of Law and Political Science
UC Irvine School of Law
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http://electionlawblog.org<http://electionlawblog.org/>
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