Oct 22, 2013

Wisconsin Voter ID Trial to Feature Mountain of Social Scientific Evidence

Update: See also Nicholas Stephanopoulos' piece on the Voting Rights Act and Section 2. "[E]ach [challenge under Section 2] failed because the plaintiffs couldn’t show that minorities were less likely than whites to possess valid IDs—proof that is now becoming more available. This means that Section 2 should be an increasingly useful weapon against the voting restrictions popping up around the country." Stephanopoulos points to a collaboration between Cal Tech and MIT by Charles Stewart III, entitled Racial Differences in Election Administration. The League of United Latin American Citizens of Wisconsin et al v. Deininger case is the first trial post- Holder v. Shelby County claiming a violation of Section 2 of the Voting Rights Act of 1965.

GOP War on Voting, Spotlight Moving to Wisconsin

Those with even a passing interest in voting rights will be watching Wisconsin on November 4 when a highly politicized photo voter ID trial begins.

The entire, years-long Republican Party lie, or if one prefers falsehood, of purported massive in-person voter fraud will be put to trial and is in jeopardy, as will the GOP objective of disenfranchising non-GOP voters.

The trial follows the highly publicized recantation of Judge Richard Posner, the author of a federal appellate opinion that upheld Indiana’s voter ID law, whose theory of photo voter ID was used by the US Supreme Court in the case of Crawford v. Marion County Election Board, that has been touted as justification for voter obstruction laws in states across the country.

Once in power, GOP legislatures and governors across the nation raced to enact restrictive photo voter ID law since 2011.

"Defendants (Scott Walker et al) have not put forward any compelling government interest that their stringent photo ID law actually addresses—such as a single prosecution for in-person voter impersonation fraud in all of Wisconsin history—that would justify these oppressive burdens. For all these reasons, the law as applied to these classes violates the Fourteenth and Twenty-Fourth Amendments [poll tax] to the United States Constitution," reads the PLAINTIFFS’ CIVIL L. R. 16(c) PRETRIAL REPORT in Frank v. Walker.

The witness list includes academic experts, veterans, students and civil rights workers who will establish the undue burden imposed on 100,000s of Wisconsin citizens by Wisconsin Act 23, passed in 2011 with sole GOP support and unanimous opposition from civil rights groups.

For witness list, see PLAINTIFFS’ CIVIL L. R. 16(c) PRETRIAL REPORT in Frank v. Walker, and PLAINTIFFS’ CIVIL L. R. 16(c) PRETRIAL REPORT in League of United Latin American Citizens of Wisconsin et al v. Deininger et al.


The trial is expected to last some two weeks.

League of United Latin American Citizens of Wisconsin et al v. Deininger is the first trial post- Holder v. Shelby County claiming a violation of Section 2 of the Voting Rights Act of 1965.

Judge Lynn Adelman (1997-present) will preside in Milwaukee.

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