MADISON — A
Wisconsin law requiring voters to show photo identification at the
polls is constitutional, a state appeals court ruled Thursday in a
decision offering hope for Republicans working to reinstate the
mandate.
The 4th District
Court of Appeals ruled the Legislature has the power to make
voters identify themselves and the photo identification
requirement extends from that authority. The decision reversed
Dane County Circuit Judge Richard Niess' finding last year that
the law was unconstitutional because it would disenfranchise
voters who lack the resources to obtain photo identification.
The ruling
doesn't mean the requirements are back in effect; another
injunction blocking the law in a separate case still stands and
two federal challenges are pending. Republican Gov. Scott Walker's
spokesman released a statement calling the ruling a victory, but
the general GOP response was measured.
"This is
certainly a huge step in the right direction for photo ID
laws," Rep. Jeff Stone, R-Greendale, the law's chief author,
said in a statement. "However, there are still major hurdles
to clear within the court system."
The photo
identification requirement has been flashpoint of controversy
since Stone and his fellow GOP lawmakers put it in place in June
2011.
The law requires
voters to show either a state-issued ID card, valid driver's
license, U.S. passport, a student ID that expires within two years
or a military ID. The GOP argues the measure will help combat
voter fraud. Democrats counter that Republicans have never
produced evidence of any widespread fraud in Wisconsin and the
mandate would keep poor people, immigrants and senior citizens
from voting.
The League of
Women Voters filed a lawsuit in October 2011 maintaining the law
creates an additional qualification for voters not contained in
the Wisconsin Constitution, imposes such a burden on voters it
essentially denies them the right to vote and the Legislature
exceeded its authority when it passed the mandate. The NAACP's
Milwaukee branch and immigrant group Voces de la Frontera filed a
lawsuit challenging the law three months later.
Municipal clerks
required photo ID at the polls for the first time during the
February 2012 primary. Niess issued a permanent injunction in the
league's case blocking the requirement a month later. Dane County
Circuit Judge David Flanagan followed suit in July, issuing a
permanent injunction in the NAACP-Voces de la Frontera case. The
state Department of Justice appealed both injunctions. The 2nd
District Court of Appeals has yet to rule in the NAACP-Voces de la
Frontera appeal.
The 4th District
Court of Appeals, though, concluded unanimously the league failed
to show how the photo ID requirement violates the constitution.
Judge Brian
Blanchard, a former Democratic Dane County district attorney,
wrote in the decision the league has conceded the Legislature can
require voters to identify themselves. He pointed to an 1856
Wisconsin Supreme Court case that held legislators can require
voters to furnish any proof of identity necessary to preserve
election integrity. In light of that ruling, requiring photo ID
doesn't amount to a new qualification for voters, Blanchard wrote.
The league didn't
develop its argument that the requirement imposes expenses and
inconvenience on voters, Blanchard added, noting the state
Department of Transportation offers free photo ID cards if
applicants say they need them to vote.
The league issued
a statement saying it regrets the appeals court overturned Niess'
"strong ruling." Lester Pines, the organization's
attorney, said he plans to discuss with the league whether to ask
the state Supreme Court to take the case.
"I don't
agree with the court of appeals decision," Pines said.
"They overlooked a fundamental problem, which is the law,
regardless of how you apply it, ends up disqualifying fully
qualified voters from voting."
Republican
Attorney General J.B. Van Hollen released a statement praising
Thursday's ruling.
"From the
start, we have defended the constitutionality of Wisconsin's voter
ID law," Van Hollen said. "While today's decision is an
important step toward full vindication of the law, we recognize
that other challenges are still pending that address different
issues. We will continue to defend the law and look forward to
favorable decisions in those other cases as well."
Federal
challenges from the American Civil Liberties Union and the League
of United Latin American Citizens of Wisconsin are pending in
Milwaukee. A status conference in both cases has been set for July
29.
Stone, the law's
key author, began circulating a new bill last week that would let
poor people opt out of showing photo ID in hopes of negating all
the legal challenges.
"I am
optimistic," Stone said in his statement, "that the
Wisconsin State Assembly will take this bill up in the near future
so photo ID laws will soon be in place and voters will have
confidence in our electoral system."