Voting Rights Battle in Fitchburg, Wisc; Pursuit of Poll Worker, Civil Rights Activist Proceeds

Fitchburg, Wisconsin Municipal Judge
Hamdy Ezalarab is a popular figure on the
 bench in Dane County, Wisconsin.
Photo is from 1969,
(Schmidt, University of Wisconsin-Madison
Memorial Union TerraceViews)

Fitchburg, Wisconsin — Who knew advocating for voters would provoke the wrath of a handful of white bureaucrats of a small Wisconsin suburb?

If you knew Fitchburg aldermanic district number one like I do, you would know.

I've worked roughly 10 years as a poll worker in Fitchburg, Wisconsin, and voted at the same polling place for some 18 years.

Fitchburg is heavily segregated, stained by open racism, and my voting district's poll workers include a handful of white racists who loathe me, I calculate, roughly to the degree I regard them as miserable, xenophobic and deceitful.

The all-white Fitchburg City Clerk's office backs the racists, fervently.

On August 9, 2016, I was obstructed from voting by this group, and after I objected, citing election law and election authorities, I received a civil citation for disorderly conduct.

Why did this happen? The full context is I regularly embarrassed the City Clerk's office by pointing out defects in the operation of my polling place. I'll get specific in Dane County, (Wisconsin), Circuit Court.

The United States and Wisconsin Constitutions and state election law are diminishing under the white-power banner predominating among this small number of racists in our city.

On May 10, 2017, Fitchburg Municipal Court, (a fine, municipal judge), found me guilty of the civil citation, ordering no fine. No fine.

Clearly, I will avail myself of a jury trial in Dane County Circuit Court and appeal this bogus citation.

Not easy to hear racists, whom I explained are the "White Power Caucus," lie repeatedly in open court but at trial I followed advice of friends and more or less went along with a few objections.

I will prevail in Dane County Court in front of a jury, Dane County Circuit Court is a different forum.

Of note, before defamations from the City Clerk's office were ruled inadmissible, the City Attorney's office in the person of one asst. City Attorney Valerie Zisman, threatened in a conference in the hall to write a new citation for August 9, 2016, which is precisely what happened after court adjourned.

I am confident.

Now, however, I have two disorderly conduct citations, one going to Dane County Court, and the new citation in limbo for now.

The second citation was indicated by the City Atty's office in court, to which the judge replied, not in my court. The judge also stated, he was finished with the citation and the matter was closed, stating he had enough, (not a direct quote).

Stay posted. This may appear light stuff from a small, corrupt Wisconsin city. It's not light stuff. From an email sent by me to the Wisconsin Elections Commission on Aug. 5, 2016, four days before I was obstructed from voting on Aug 9, received the first two of four visits to our home by armed Fitchburg Police, and received the first of now two civil disorderly conduct citations:

From: Mike Leon [ ...]
Sent: Friday, August 05, 2016 8:42 AM
To: Lowe, Diane - ELECTIONS
Subject: Polling Place
Importance: High

Diane,

Could you email me a URL or GAB (WEC) memo that would indicate how many election inspectors are supposed to hand out ballots at a table in a polling place? I believe it to be two.

A ... chief election inspector in our polling place, where I worked on April 5, positioned one election inspector at the ballots table, and predictably quite a voter bottleneck ensued.

Other elections to my memory featured two inspectors on ballots.

I need a memo or other publicly available authority on this two-people-on-ballots question.

I emailed our election and city clerk, around late April on this but no one got back to me. They are not too crazy about questions RE what they regard as their apparent turf, though I believe myself as a resident and long-time election inspector to be a stakeholder.

Administering elections should be about rules and regulations, to my view.

Mike
--
More to come. Much more.

Wisconsin Republicans' Voter-Suppression Project Stopped 10,000s in 2016

Human Being, Gladys Harris of Milwaukee,
stopped by Wisconsin Republicans
from voting in 2016. From photo by
 Carrie Antlfinger, Associated Press.

2,976,150 Votes Is Less than 3,068,434 Votes
- "They prevented us from voting," says human being.

Update - See Berman, The Nation.
Fitchburg, Wisconsin — When Wisconsin Republicans began their massive voter-suppression project in 2011, mandating a new voting qualification in photo voter IDs, the prospect made Republicans "giddy," noted a staffer, Todd Allbaugh, present at a Republican Party caucus, (Marley, Milwaukee Journal-Sentinel, Sommerhauser, Wisconsin State Journal).

Associated Press writers, Christina A. Cassidy, Ivan Moreno, have a piece out showing Wisconsin Republicans' transformation of election law yielded significant results in stopping people from voting, lowering the total vote in Milwaukee and statewide, (Wisconsin State Journal). [See also Mal Contends, Mal Contends, Chris Carson and Milwaukee Journal-Sentinel).

"Overall, nearly 3 million people in Wisconsin voted last November, about 91,000 fewer than in 2012. Milwaukee, a power center for Democrats, reported that 41,000 fewer people voted there than in 2012," note Cassidy and Moreno.

The 41,000 voting decrease in Milwaukee alone, where "urban" types reside as noted by Rep. Paul Ryan in 2012, nearly doubles Donald Trump's 2016 victory margin of some 22,000 votes.

In 2012, some 3,068,434 votes were cast for president in Wisconsin. In 2016, this figure is 2,976,150 votes.

The Republican voter suppression project, not often acknowledged, extends to the polling place where voters are harassed in a corruption of the voting process.

Fitchburg, Wisconsin

Today, at 5:00 p.m. (Central), this writer, a Wisconsin voter and a current, 11-year election inspector, will attend the Fitchburg, Wisconsin Municipal Court to challenge a bogus civil citation for disorderly conduct, issued in retaliation for years of sticking up for voters obstructed and harassed in Fitchburg, Wisconsin, an increasingly racist and toxic city of some 25,000 people.

I urge you to attend the proceeding, or view on on of these Charter Communication cable channels: Fitchburg City Channel 985, Fitchburg City Channel 986, or Fitchburg Access Community TV, (FACT) Channel 987, as possible.

A small number of white citizens in Fitchburg, Wisconsin aspires the community to become a white-dominated police state, and is making consequential strikes.

Dem VP Nominee Blasts Wisconsin Voter Obstruction

Democratic vice presidential nominee Tim Kaine paid a surprise visit to Milwaukee and blasted Republicans in Wisconsin for voter obstruction.

"Your state officials here have been trying to put barriers up to participation. They’ve been trying to close down participation, rather than open it up," said Kaine, (Marley, Milwaukee Journal-Sentinel).

I wonder if Kaine and the Democratic Party know how bad it's become.

Local municipal voting districts are staffing up Party-named, out-of-district Republicans to administer elections at the polling place in an effort to control another level of government for the specific benefit of the Republican Party, and with the intent to obstruct unwanted voters, especially brown, black and young voters.

This writer has voted at Fitchburg Fire Station, Number 2, for some 15 years, working as a sworn election inspector, (contract employee), for some nine years, and I was prevented from voting for 35 minutes facing a gauntlet of four hostile, white election inspectors.

Never seen anything like it, but I'm guessing I will in November.

As noted in these pages, our state has some 3,583 voting precincts.

In 2011, Wisconsin Republicans decided to name their polling workers across the state, (Barbour, Wisconsin State Journal.

No Republican need live in the district of the polling place at which they are assigned to harass targets of opportunity.

Take some 3,500 voting sites, harass and obstruct non-Republicans across the state and Republicans have a decent suppression regime, if they can frustrate and obstruct even two people in each district.

Local municipal clerks, bureaucrats and typically not the brightest bulbs, will go along.

US Dist. Judge: Wisconsin Voter Obstruction Laws Remain Halted, Injunction Against Voter ID Is Delayed

Update: Ernest A. Canning has the story and analysis of an emergency appeal before the full court of U.S. Court of Appeals for the Seventh Circuit. Writes Canning, "The plaintiffs in One Wisconsin Institute v. Thomsen, one of several long-running court challenges to Wisconsin Republicans' strict Photo ID voting restriction, have filed an emergency petition with the full en banc U.S. 7th Circuit Court of Appeals, asking that it overturn its previous photo ID decision in Frank v. Walker.
The still pending Frank case as well as the One Wisconsin challenge have, to say the least, undergone a circuitous recent history in a number of federal courts that oversee Badger State election law," (Brad Blog).
---
In a victory for voting rights, numerous Republican-enacted voter obstruction laws remain halted from enforcement, and one aspect of a July 29 order against the Republican-enacted voter ID law will take effect after the November 8 presidential election, ordered U.S. District Judge James Peterson yesterday in One Wisconsin Institute v. Thomsen.

The status of two Wisconsin federal voting rights cases, One Wisconsin Institute v. Thomsen and Frank v. Walker, is fluid and the September 22 date at which the Wisconsin Elections Commission will begin mailing absentee ballots is approaching.

On or after Sept. 22, it is unlikely the Court of Appeals for the Seventh Circuit will change the status quo of the amassed injunctions, stays and motions to vacate as voting rights advocates continue the fight against Republican laws to obstruct Wisconsin voters.

It is a judicial doctrine, the Purcell Principle, that federal courts will not change election laws after the voting process has begun.

"District Court in Other WI Case Mostly Denies WI Request for Stay of Ruling," reads an Election Law piece by Rick Hasen, referring to two federal voting rights Wisconsin cases now likely facing scrutiny soon in federal appellate court.

Notes Hasen:

The State of Wisconsin tries to spin this as a win.

I assume the next step will be a request for a stay at the 7th Circuit, and one question is whether this goes to the same panel that just stayed the affidavit softening in the first WI voter id case. 

The plain language of the Peterson order puts the lie to the Republican spin-doctors at the Wisconsin Dept. of Justice. Writes Hasen, noting:

IT IS ORDERED that defendants’ motion to stay the court’s permanent injunction pending appeal, Dkt. 241, is DENIED in substantial part. As explained above, only the provisions of the injunction requiring the state to reform its IDPP within 30 days of the date of the court’s opinion on the merits are STAYED pending the outcome of the parties’ appeals. The rest of the injunction remains in effect, [p. 12, August 11, 2016 order].

Wisconsin corporate media without exception has brought the Republican spin.

Why is the DoJ spinning instead of informing and reporting? Because the Wisconsin DoJ is a Republican operation.

The Republican effort took a new turn at the polling place last Tuesday, as Republicans are using control of the polling place to obstruct voters, in violation of Wisconsin statutes and administrative rules, to obstruct voters.

This points to potential trouble at the polling place, and one hopes placement of U.S. DoJ officials in Dane, Racine and Milwaukee counties, as Republicans look to obstruct on a larger scope in November.

Wisconsin Voter ID Status Unclear as Frank Easterbrook Takes Refuge in Fact-free Cocoon

Judge Lynn Adelman's injunction against the Republican-enacted photo-voter ID law has been stayed, or halted by three Republican-appointed appellate judges in the voting rights case, Frank v. Walker.

Judge Frank Easterbrook's order from the U.S. Court of Appeals for the Seventh Circuit reads in part, "Because the district court has not attempted to distinguish genuine difficulties of  the kind our opinion mentioned, 819  F.3d  at  385–86, or any other variety of substantial  obstacle to voting, from any given voter’s  unwillingness to make the effort that the Supreme Court has held that a state can require, there is  a substantial likelihood that the injunction will be reversed on appeal," (Wisconsin DoJ document).

With Judge James Peterson's injunction in One Wisconsin Institute, inc v. Thomsen, against a wide range of Republican obstruction laws, including voter ID, still in place, the question is, will voter ID be in place for the presidential election in November?

Writes Peterson, "I conclude that the IDPP, [ID Petition Process], is unconstitutional and needs to be reformed or replaced. Because time is short with the fall elections approaching, I will issue an injunction targeted to the constitutional deficiencies that I identify."

Even election law experts can only offer speculation on what happens next.

Leading Wisconsin writers on the voting rights battle, Jason Stein and Patrick Marley of the Milwaukee Journal Sentinel, can only find sources to offer this in their coverage: "Voters should keep following the news — the rules could change again between now and the Nov. 8 presidential election."

What is clear is that the Republican Party of Wisconsin and voting rights activists are at cross purposes.

The most likely next legal moves include the State of Wisconsin enacting last-minute administrative rules changing the ID Petition Process, (IDPP), to make the rules acceptable to Judge Peterson to save the voter ID legal regime in One Wisconsin, and an emergency appeal to the full court of the U.S. Court of Appeals for the Seventh Circuit by voting rights attorneys in Frank v. Walker.

From the Washington Post, (Zapotosky):

Dale Ho, director of the Voting Rights Project for the American Civil Liberties Union, said that as many as 300,000 registered voters in Wisconsin lack the right photo ID, although he acknowledged that not all of those people would vote and some probably could obtain documentation without much trouble. The ACLU had sued over the law.

As to whether requiring ID could tip the election in favor of the Republicans who support the law, Ho said: 'Obviously, the people behind these laws think it can help them. Whether or not it can, from our perspective, it really doesn’t matter. We’re just trying to make sure everyone can vote.'

As noted here, on September 22, 47 days from Election Day on November 8, the Wisconsin Elections Commission (WEC), will begin mailing absentee ballots to local election clerks who in turn mail ballots to several classes of voters, per Wisconsin Statute, including permanent absentee voters, (Wisconsin Elections Commission (WEC)).

Wisconsin voters should receive absentee ballots around September 29.

It is a judicial doctrine, the Purcell Principle, that federal courts will not change election laws after the voting process has begun. So, the clock is ticking.

Still, the Republican voter obstruction project is continuing in other ways:

During Election Day yesterday, Republican election inspectors, began a tactical voter suppression action that resulted in this voter being denied my right to vote for 35 minutes. This voter suppression action apparently includes use of outright hostility, mocking, and prevention of voting by Republican election inspectors who are now individually named by the Republican Party of Wisconsin.

Similar reports, including one incident involving the mother of a Fitchburg, Wisconsin alder, were fielded by elected office holders who say the tactical suppression program may spell trouble for voters on November 8, Election Day.

The obstruction incident at Fitchburg Fire Station, Number 2 yesterday, will be investigated by the Dane County District Attorney's office and the Wisconsin Elections Commission, upon receipt of complaints and relevant reports, top officials of the two agencies said yesterday after being reached by phone.

Voting Rights Winning Against Republicans, Still Desperate to Stop Voting

Voting rights rabble-rousers have really done it.

Voting rights activists, including attorneys from the U.S. Dept of Justice, won major victories against Republican efforts to stop voters in North Carolina, Texas, Wisconsin, North Dakota, Ohio and Kansas.

Richard L. Hasan has a piece in the New York Times today. Concludes Hasan:

The struggle is not over, but this wave of court decisions means that more eligible voters should get a chance to register to vote and cast a ballot in November. These votes will help elect a president whose choices for judges and justices will very likely seal the fate of voting rights (and much more) for a generation.

Not over, indeed.

The Republican Wisconsin Dept. of Justice filed an Emergency Stay motion yesterday with the Court of Appeals for the Seventh Circuit in Frank v. Walker, (Wisconsin Dept of Justice).

This is a last-ditch effort to stop as many blacks, Latinos, college students, elderly folks, and other undesirables as possible from voting.

The state DoJ uses its new partisan, appellate unit in federal litigation, (Mal Contends).

What's the big emergency?

The Court of Appeals for the Seventh Circuit calendar has no scheduled August or October oral argument days, so if Republicans are going to stop voters in time for Election Day, (voting will begin in late September), there is a rush.

On September 22, 47 days from Election Day on November 8, the Wisconsin Elections Commission (WEC), will begin mailing absentee ballots to local election clerks who in turn mail ballots to several classes of voters, per Wisconsin Statute, including permanent absentee voters, (Wisconsin Elections Commission (WEC)).

Wisconsin voters should receive absentee ballots around September 29.

It is a judicial doctrine, the Purcell Principle, that federal courts will not change election laws after the voting process has begun.

Fortunately, the battle for voting rights is turning in favor of voters against Republican governments working to stop our most fundamental of rights.