Nov 30, 2018

Wisconsin Republicans Want to Close Early Voting Sites for Weeks in Desperate Move to Clamp Down on Voters in Lameduck Session

Federal litigation would likely doom anti-voting measure


Madison, Wisconsin — Wisconsin Republicans are going to consider several anti-voting measures in an extraordinary session of the lameduck legislature, the Wisconsin State Journal reports today.

The anti-voting measures include a proposed clampdown on voting that would effectively shutter early voting sites for weeks.

A similar early voting clampdown was found unconstitutional and "pretextual" (misrepresentative) in the Summer of 2016 in a sweeping opinion in U.S. District Court, One Wisconsin Institute v. Thomsen.

That federal voting rights court case, One Wisconsin Institute v. Thomsen, is now before the full United States Court of Appeals for the Seventh Circuit, (Marley, Milwaukee Journal-Sentinel).

Wisconsin Republicans risk offending some Republican-leaning appellate judges in the Seventh Circuit because Republican justification of consistency is identical to its past justifications of "uniformity," ruled to not serve a rational state purpose by U.S. Dist Judge James Peterson in One Wisconsin.

Also complicating new Republican-enacted restrictions against voting is the election of Democratic Party Attorney General Josh Kaul. 

Republicans are unlikely to prevail in statewide races here if free and fair elections continue in the voter-friendly manner of post-One Wisconsin.

In One Wisconsin a U.S. District judge ruled much of the Republican transformation of Wisconsin election law and many Republican "arguments for its restrictive voting rules [are] pretexual, [misrepresentative], and really aimed at giving Republicans advantage in elections," as noted by Rick Hasen, an election law expert living in California, (see Becker, The Capital Times, Mal Contends, One Wisconsin Institute v. Thomsen, Mal Contends, Moritzlaw, Rick Hasen, One Wisconsin Institute v. Thomsen).

The Seventh Circuit includes four new judges who were nominated by Donald Trump.

The four judges are expected to be hostile to voting rights, and were nominated because of their rightwing jurisprudence and fidelity to the Republican Party.

The Trump-nominated judges are: Amy C. Barrett, Michael B. Brennan, Michael Y. Scudder, Jr., and Amy J. St. Eve.

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