Oct 2, 2016

Republicans Got What They Want in Wisc DMV Clerks Deciding Who Votes; Fight's Not Over

Thank you Ruthelle Frank and Eddie Lee Holloway Jr.
for sticking up for our rights in 2011 and beyond, (ACLU)

Wisconsin Republicans frustrated, confused and blocked voters: Mission Accomplished

Wisconsin is better than North Carolina in voting rights, but that's nothing to brag about.

For the some 300,000 registered voters without a Republican-approved voting ID, Wisconsin voting rights activists face a situation where DMV clerks, intrepid students of the Constitution, are making value decisions about who gets to vote.

The result and Republican Party objective is voter confusion, frustration and obstruction.

Writes EPWisco this weekend: "We hope DMV now following correct rules - u should be able to get ID w/whatever docs u have. Let us and @VoteRiders @votermolly know [if] u can't[.]"

From February 2015, consider the unthinkable state of affairs (also seen from 2011) we face today, we did not get here by accident:

[from 2015] If Republicans and Scott Walker get their way, [they did], DMV clerks will make the decision on whether 10,000s of Wisconsin citizens get to vote, exercising the clerks' "discretion in a constitutionally sufficient manner." [Frank v. Walker, p.36]

Election law expert, Rick Hasen [in 2015], says Wisconsin voting right activists make a persuasive case for the U.S. Supreme Court to hear the Wisconsin photo voter ID case, Ruthelle Frank v. Scott Walker and League of United Latin American Citizens (LULAC) of Wisconsin v. Barland.

Hasen notes the timing and disposition of the Wisconsin voting rights case facing the U.S. presidential elections next year, and the five-to-five split of the Court of Appeals for the Seventh Circuit pitting Judge Easterbrook's opinion with Judge Richard Posner's.

"This case comes to the Court with an extensive trial record, an exhaustive district court decision, and a pair of diametrically opposed Seventh Circuit opinions by Judges Easterbrook and Posner." [p.11 of 2015 Reply Brief]

If the Supreme Court does not grant cert, the GOP-passed bill signed into law by Scott Walker would become effective.

From Wisconsin voting rights activists' Reply Brief filed [in 2015]:

...The district court identified other problems with the saving construction [by the Wisconsin Supreme Court]. A voter applying for photo ID “must still provide ‘[w]hatever documentation is available which states the person’s name and date of birth,’ and then the [DMV] administrator, in his or her discretion, may accept or reject ‘such extraordinary proof of name and date of birth.’” App. 197a (quoting Wis. Admin. Code § Trans. 102.15(3)(b), (c)). To guide DMV clerks, the Wisconsin Supreme Court offered this cryptic instruction: ‘the administrator, or his or her designee, shall exercise his or her discretion in a constitutionally sufficient manner.’” Id. (quoting NAAC, 851 N.W.2d at 279). It is unthinkable that the right to vote could depend on the “constitutionally sufficient” exercise of discretion by a DMV clerk. See Louisiana v. United States, 380 U.S. 145, 153 (1965) (voting rights “cannot be obliterated by the use of laws ... which leave the voting fate of a citizen to the passing whim or impulse of an individual registrar”).  [p. 14]
Repulsive work by Republicans and bureaucrats.

No comments:

Post a Comment