[EL] That out of state license

Jon Sherman jsherman at fairelectionsnetwork.com
Wed May 10 07:55:26 PDT 2017


Burdening voting and burdening driving are different of course. There are
usually alternatives to driving, such as public transportation, taxis,
walking, getting driven by a relative or friend, etc., all of which can get
you to a polling place or a campaign office or anywhere else. But there are
no alternatives to voting. Voting is voting - there are no substitutes.

On Wed, May 10, 2017 at 10:38 AM, Smith, Brad <BSmith at law.capital.edu>
wrote:

> Under Wisconsin law, after becoming a resident of the state in 2015,
> Reynolds had 60 days to get a Wisconsin driver's license. Wisc. Statutes
> Chp. 343, so it appears that by election day 2016, for 9 months or more Mr.
> Reynolds had been tooling around the Dairy State illegally, but fortunately
> was not caught.
>
> So, which is a worse--that until he goes to the DMV and turns in his
> Illinois license for a Wisconsin license, Mr. Reynolds can't vote, thus
> forfeiting an infintisimal chance of altering the election outcome, or that until
> he goes to the DMV and turns in his Illinois license for a Wisconsin
> license, he can't legally drive to his local party headquarters to engage
> in volunteer activity, where his activities might actually influence a
> dozen or more votes to support his favored candidate? (And can't legally
> drive himself to the polls to vote, to the airport to board a plane, to the
> bank to open a checking account, or to the drug store to buy cold medicine,
> the examples used in the article.)
>
> This is actually a serious question, to which I don't know the answer with
> certainty. I do know that governments generally have lots of rules that
> don't serve much purpose and that often infringe on ordinary liberties,
> whether constitutionally guaranteed or not, but support for such
> constraints seems widespread. I wish more people were more skeptical of
> government's asserted "interests" generally.
>
> And I thank Mr. Reynolds for his service to our country.
>
> *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 <(614)%20236-6317>*
>
> *http://law.capital.edu/faculty/bios/bsmith.aspx
> <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:* Wednesday, May 10, 2017 12:23 AM
> *To:* Election Law Listserv
> *Subject:* [EL] ELB News and Commentary 5/10/17
>
>
>
>
> *“In Wisconsin, ID law proved insurmountable for many voters”
> <https://linkprotect.cudasvc.com/url?a=http://electionlawblog.org/%3fp%3d92456&c=E,1,pq4V2ZcsBHa5fBxCb-MJvqnAQZZF7v2TYLmDCReds1r2pxFU5N7cbxcjqGZ1lNyz4UD4O64z2JFrCm7IN0hrVH3FdwwMkifll4lxc1_Db4vI&typo=1>*
>
> Posted on May 9, 2017 9:05 pm
> <https://linkprotect.cudasvc.com/url?a=http://electionlawblog.org/%3fp%3d92456&c=E,1,xNEongnvVNHg513szCSihi3ed2r9eDGEesRQscfwctPpZTjQwPy8mKLKMnSipi4JYLs3qajpkFLIRsJrlCgh-K6fDeaTW5ADSBQZsi2vq3dSGJxD1ls,&typo=1>
>  by *Rick Hasen*
> <https://linkprotect.cudasvc.com/url?a=http://electionlawblog.org/%3fauthor%3d3&c=E,1,VGx8gEWwanShCDDLAkczi9sgZ0A9RcqDazSYNzM0dT26FGYh-pnmbT_2JI1lVO6MWqScwMIjEniq_qWfL7QX8lq9UjaMOMZ3IbbsdwPugaueAr_3cPMJ&typo=1>
>
> AP:
> <http://www.seattlepi.com/news/article/In-Wisconsin-ID-law-proved-insurmountable-for-11132489.php>
>
> *When Sean Reynolds
> <http://www.seattlepi.com/search/?action=search&channel=news&inlineLink=1&searchindex=gsa&query=%22Sean+Reynolds%22> went
> to his polling place at a local ice skating rink on Election Day, he showed
> his valid driver’s license. The problem? It wasn’t issued in Wisconsin.*
>
> *Reynolds, 30, was taken aback. He had moved to Madison in 2015 to find
> work after leaving the Navy and receiving his associate’s degree from a
> university in neighboring Illinois. After successfully registering to vote
> in Wisconsin using an online website, he thought all he needed to show at
> the polls was a current photo ID. After all, his Illinois ID was good
> enough to board a plane, open a checking account and purchase cold
> medicine.*
>
> *“Coming home and being denied the right to vote because I didn’t have a
> specific driver’s license is very frustrating,” said Reynolds, who served
> in both Iraq and Afghanistan providing support for special forces. “I was a
> little incredulous that they wouldn’t accept another state’s driver’s
> license. I didn’t understand why it was not a valid form of ID.”*
>
> Reynolds said he had been working 50-hour weeks, receiving hourly pay, and
> could not afford to take time off from his job in security management to
> visit a local DMV and transfer his license from Illinois….
>
> [image: hare]
> <https://www.addtoany.com/share#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D92456&title=%E2%80%9CIn%20Wisconsin%2C%20ID%20law%20proved%20insurmountable%20for%20many%20voters%E2%80%9D>
>
> Posted in election administration
> <https://linkprotect.cudasvc.com/url?a=http://electionlawblog.org/%3fcat%3d18&c=E,1,fejluzo-pR4EIa_TOPKeQ4_06hvcXSTX_t3S16goOJud8YtAQ4n601S-bdf4SZtk1xDYjiM0iBjk0rvKAackBedN9RjMk1mXVxM6RQDczr5DKCbgqI-4n28,&typo=1>
> , The Voting Wars
> <https://linkprotect.cudasvc.com/url?a=http://electionlawblog.org/%3fcat%3d60&c=E,1,ZniLMrBOXQQTezTs6sNxeN-AQNljteSB_Ozw-fnfZl10Q9DS6fhX6OkooeT_qeAAqAEDNYqG9KC1ggw44He0QOAcmS5VzjTSpkpgwQ,,&typo=1>
>
>
>
>
>
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>



-- 
Jon Sherman
Senior Counsel
Fair Elections Legal Network <http://www.fairelectionsnetwork.com/>*
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Washington, D.C. 20006
Phone: (202) 248-5346
jsherman at fairelectionsnetwork.com
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