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Constitutional Law — Voter ID

By: WISCONSIN LAW JOURNAL STAFF//May 30, 2013//

Constitutional Law — Voter ID

By: WISCONSIN LAW JOURNAL STAFF//May 30, 2013//

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Wisconsin Court of Appeals

Civil

Constitutional Law — Voter ID

Requiring proof of identification to vote is not unconstitutional.

“First, we conclude that the League’s ‘additional qualification’ argument is defeated by concessions the League makes and by Wisconsin Supreme Court precedent addressing the authority of the legislature to enact laws allowing officials to ascertain at the polls which potential voters are qualified to vote. The League has not shown that the photo identification requirement is on its face an ‘additional qualification’ for voting, as opposed to a voter registration regulation that allows election officials ‘to ascertain whether the person offering to vote possessed the qualifications required.’ See State ex rel. Cothren v. Lean, 9 Wis. 254, [*279], 258, [*283] (1859).”

“Second, we reject the League’s additional, implied argument that the requirement is unconstitutional under the Article III right to suffrage because it imposes a restriction that is, on its face, so burdensome that it effectively denies potential voters their right to vote, and is therefore constitutionally ‘unreasonable.’ We express no opinion as to whether such an argument might have merit if supported by fact finding regarding the burdens imposed. However, in this facial challenge in which the League does not rely on any fact finding or evidentiary material, the implied argument falls short.”

“Finally, as to the argument that, even if the requirement is not an ‘additional qualification’ or constitutionally ‘unreasonable,’ the legislature exceeded its authority in enacting it, we conclude that this argument collapses with a concession by the League, which we believe is a warranted concession. The concession is that the legislature has implicit but broad constitutional authority to establish a voting registration system under which election officials may require potential voters to identify themselves as registered voters, including by requesting photo identification.”

Reversed and Remanded.

Recommended for publication in the official reports.

2012AP584-AC League of Women Voters of Wisconsin Education Network, Inc., v. Walker

Dist. IV, Dane County, Niess, J., Blanchard, J.

Attorneys: For Appellant: Means, Steven P., Madison; Bellavia, Thomas C., Madison; Kawski, Clayton Patrick, Madison; For Respondent: Pines, Lester A., Madison; Packard, Tamara, Madison; Crawford, Susan M., Madison

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