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Wisconsin Voter ID law will not be in effect for fall elections
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July 18, 2012
Wisconsin: A judge has again rejected Wisconsin's voter ID law. Judge David Flanagan of the Dane County Circuit Court ruled the ID law creates a "substantial impairment of the right to vote" and was unconstitutional. This ruling makes Flanagan's previous March injunction permanent.[1]
Earlier rulings
In March, Judges Flanagan and Richard Niess issued injunctions against the law.
On March 6, 2012 Judge David Flanagan ruled in favor of the NAACP, issuing a temporary injunction[2] preventing enforcement of the law during the April elections. Judge Flanagan said, "If no injunction is issued, a clearly improper impairment of a most vital element of our society will occur. The duty of the court is clear. The case has been made. Irreparable harm is likely to occur in the absence of an injunction."[3]
The second injunction was issued by Judge Richard Niess on March 12, 2012. This injunction was permanent, blocking implementation of the voter ID law. In his decision, Niess wrote: "A government that undermines the very foundation of its existence - the people's inherent, pre-constitutional right to vote - imperils its legitimacy as a government by the people, for the people, and especially of the people."[4]
Attorney General J.B. Van Hollen has appealed the March 12, 2012 ruling to the Court of Appeals in Madison. However the court will not make a ruling until November, leaving the ID law ineffective for the 2012 Fall Elections.
Van Hollen also intends to appeal the March 6, 2012 decision.[1]
See also
Footnotes
- ↑ 1.0 1.1 Milwaukee Journal Sentinel, "Second judge rejects state voter ID law," July 17, 2012
- ↑ This injunction was made permanent by his ruling on July 17, 2012.
- ↑ Wisconsin State Journal, "Judge grants temporary injunction barring enforcement of voter ID law in April election," March 6, 2012
- ↑ The Associated Press, "2nd Wisconsin judge strikes down state's voter identification law," March 12, 2012
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