The Independent View: Wisconsin Voter ID Law Struck Down

Wisconsin became the latest state to have its voter identification law struck down by the courts, with a federal judge in Milwaukee on Tuesday concluding that opponents of the requirement have shown it has a "disproportionate impact" on many voters. The Wisconsin case is Frank v. Walker (11-cv-1128).

Judge Lynn Adelman in Milwaukee ruled the requirement that voters present one of nine forms of government-approved photo ID was in violation of the landmark Voting Rights Act. He issued an injunction blocking enforcement of the law. A state judge had earlier tossed out the law on similar legal grounds.

Wisconsin officials had argued there was a legitimate government interest to prevent voter fraud and impersonation, by requiring those casting ballots to prove their identity. However, "Act 23 serves the state's interest in orderly election administration and accurate record-keeping only to the extent that it serves the state's interest in detecting and preventing voter fraud," concluded Adelman. "Act 23 weakly serves the latter interest."

He added "Perhaps the reason why photo ID requirements have no effect on confidence or trust in the electoral process is that such laws undermine the public's confidence in the electoral process as much as they promote it."

The state's attorney, General J.B. Van Hollen, responded, saying, "I am disappointed with the order and continue to believe Wisconsin’s law is constitutional. We will appeal."

It is unclear whether separate appeals of the state and now federal rulings will be resolved before November's statewide elections.

Various coalitions of private plaintiffs, civil rights groups, and the federal government have filed challenges to laws in some states, and have generally been successful on stopping enforcement, at least temporarily.

The issue has become a key part of the Obama administration's domestic agenda.

"This law had robbed many Wisconsin citizens of their right to vote. Today, the court made it clear those discriminatory actions cannot stand," said Karyn Rotker, Wisconsin senior staff attorney for the American Civil Liberties Union.

Many conservative lawmakers have said the voter ID requirements have not inhibited the ability of minorities to vote.