Tag Archives: Judge James Peterson

Judge orders probe of state’s failure to issue photo IDs to voters

A federal judge has ordered the state of Wisconsin to investigate reports that transportation workers are failing to issue temporary photo IDs for voting, as required by law.

U.S. District Judge James Peterson issued his order around the same time a civil liberties group filed a motion in a separate case demanding a federal appellate court invalidate voter ID requirements in Wisconsin because the state hasn’t abided by its pledge.

Under Wisconsin law, voters must show a form of government-approved photo identification at the polls. People who lack such identification can obtain free photo IDs at state Department of Transportation Division of Motor Vehicles field offices.

The agency in May announced that people who want IDs but lack the underlying supporting documents such as birth certificates could get a receipt valid for voting. The move was designed to blunt a pair of lawsuits alleging that voters who lack such documents face tough challenges in obtaining free photo IDs.

Peterson ruled in July that the DOT’s petition process to obtain the receipt was a “wretched failure” because it still left black and Hispanic citizens unable to obtain IDs. He ordered the state to quickly issue credentials valid for voting to anyone who enters the petition process but lack the necessary documents, including birth certificates.

The Nation published a story last week alleging that DMV workers at a field office told a man named Zack Moore that he couldn’t obtain a temporary ID because he lacked a birth certificate and that the way IDs were being handled was still up in the air. The story went on to say that Molly McGrath, the national campaign coordinator with VoteRiders, visited 10 DMV stations where employees gave people a wide range of answers about how long it would take to get an ID.

Moore tried to obtain his ID on Sept. 22. That was the same day Attorney General Brad Schimel filed an update with Peterson saying all DMV field staff had been trained to ensure anyone who fills out an application to enter the petition process will get an ID mailed to them within six days.

“These reports, if true, demonstrate that the state is not in compliance with this court’s … order, which requires the state to ‘promptly issue a credential valid as a voting ID to any person who enters (the petition process) or who has a petition pending,”” Peterson wrote.

He ordered the state to investigate and report back to him by Oct. 7.

Transportation spokeswoman Patricia Mayers called the stories of problems at the DMV offices “concerning and … not consistent with DMV protocol.” She said the agency has already launched an investigation and will report its findings to Peterson, as ordered.

“DMV remains committed to working with all eligible voters to ensure they receive free identification, as required for voting,” she wrote in an email.

Meanwhile, the American Civil Liberties Union filed a motion in a separate voter ID challenge before the 7th U.S. Circuit Court of Appeals. The motion alleges that the DOT isn’t issuing voting credentials to people in the petition process and has violated its promise that anyone who goes to the DMV for photo IDs will get an ID with whatever documents they possess.

The ACLU alleged that DMV workers have failed to tell applicants the petition process exists, that applicants have had to make multiple visits to DMV offices and that workers have incorrectly told people that in order to begin the petition process, they need proof of identity such as a social security card — which can’t be obtained without a photo ID. As many as 1,640 eligible voters in Milwaukee County lack both ID and a Social Security card, the ALCU alleged.

The group also claimed that people who present birth certificates with misspellings haven’t been allowed to enter the process and DMV field offices offer limited hours. The motion asks the court allow voters who lack photo IDs to cast ballots by affidavit or completely invalidate the voter ID law.

“People who have started (the petition process) are supposed to get a temporary ID but as we’re seeing on the ground that’s not happening,” ACLU attorney Sean Young said in a telephone interview. “DMV employees aren’t implementing their own procedures. DMV cannot be trusted to this correctly.”

The state Department of Justice is defending the voter ID law in the case. DOJ spokesman Johnny Koremenos said agency attorneys are reviewing the ACLU’s filing.

— By Todd Richmond, AP writer

Voter ID states have no voter impersonation problem

Continue reading Voter ID states have no voter impersonation problem

Judge strikes down Wisconsin election laws that thwart Democratic voters

A federal judge has thrown out a number of Wisconsin election laws passed in recent years, ruling they’re unconstitutional and serve no purpose except to unfairly benefited Republicans by making it more difficult for Democrat-leaning groups to vote.

Unlike rulings against similar election laws enacted by Republicans in North Carolina and Texas, U.S. District Judge James Peterson’s ruling did not eliminate Wisconsin’s voter identification law. But he ordered the state to quickly issue valid voter credentials for anyone who seeks a free photo ID but lacks documents, such as birth certificates, that are required under the Republican law.

Peterson call the state’s current process for getting free IDs to people who lack such documents “a wretched failure,” because it left a number of overwhelmingly black and Hispanic citizens unable to obtain IDs, The Associated Press reported.

Peterson also struck down election laws limiting municipalities to one location for in-person absentee voting and limiting in-person early voting to weekdays. He said that denying the right to vote on weekends intentionally discriminates against blacks in Milwaukee.

Peterson also struck down: an increase in residency requirements from 10 to 28 days; a prohibition on using expired but otherwise qualifying student IDs to vote; and a prohibition on distributing absentee ballots by fax or email.

“Wisconsin has the authority to regulate its elections to preserve their integrity, and a voter ID requirement can be part of a well-conceived election system,” Peterson wrote. “But … parts of Wisconsin’s election regime fail to comply with the constitutional requirement that its elections remain fair and equally open to all qualified electors.”

Peterson’s ruling came in response to a lawsuit brought by two liberal groups — One Wisconsin Institute and Citizen Action of Wisconsin Education Fund Inc. They argued that the election laws were unconstitutional and discriminate against the poor, racial minorities and younger voters — all of whom are more inclined to vote Democratic. They presented evidence at trial to show that Republicans passed the laws not in reaction to voter fraud, which is not a problem in the state but rather to suppress Democratic turnout.

Defense attorneys countered that the laws, all passed since Walker and Republicans took control of the Legislature in 2011, have not suppressed turnout and that the state works hard to ensure everyone who needs a free ID to vote gets one.

“We argued Gov. Walker made it harder for Democrats to vote and easier for Republicans to cheat, and the judge agreed,” said Scott Ross, director of One Wisconsin Now, an arm of One Wisconsin Institute.

Hillary for Wisconsin released a statement praising Peterson’s decision..

“Attempts to restrict the democratic rights of Americans were defeated,” said Jake Hajdu, state director. “Now, Wisconsin residents who are eligible to vote, will be able to participate in our democracy and cast their constitutionally protected ballot.

“Hillary Clinton believes we must do everything we can to make it easier — not harder — for Americans to vote. And we cannot take our democratic rights for granted. The stakes are too high in this election. It is a choice between building walls between us and tearing people down or an optimistic and unifying vision where everyone has a role to play in building our future.”

The changes ordered to the laws cannot be implemented in time for the Aug. 9 primary elections in the state. But Peterson ordered them to be in place by the November general election.

Meanwhile, Wisconsin’s  Republican leaders are not giving up their fight to make it harder for likely Democratic voters to cast ballots. The state Department of Justice, which defended the laws, told AP that the agency plans to appeal to the 7th District Court of Appeals.

[UPDATED: Adds response to the decision from Hillary for Wisconsin.]