Friday, July 22, 2016

WI Elections Board Moves Quickly to Soften Voter ID Ordered by Court


On July 19, 2016, Federal District Judge Lynn Adelman in the Eastern District of Wisconsin issued an order requiring the Wisconsin Elections Commission to implement an Affidavit option for voters unable to obtain an acceptable Photo ID with reasonable effort.

The order requires the Affidavit to be in place for the November 8, 2016 General Election, therefore there is no change in the Voter Photo ID process and there is no Affidavit option for the upcoming August 9, 2016 Partisan Primary.

In addition, the Department of Justice may seek an appeal and stay of the order, and we will notify Local officials if any future court action modifies this guidance.

The Commission is required to train Election Officials on how to inform voters without a qualifying Photo ID at the polls about the Affidavit option.

The Commission is also required to use reasonable efforts to inform voters about the Affidavit option, and will need to revise Voter Photo ID publicity materials to include information about the Affidavit option being available for the November election.

The order specifies the contents of the Affidavit which will be offered by Election Officials and completed by the Voter.

The order states that the Affidavit must contain the following language:

I declare under penalty of perjury that I am the individual identified below, and that I have been unable to obtain acceptable photo identification with reasonable effort.

This is due to the following reason(s):

__ Lack of transportation
__ Lack of birth certificate or other documents need to obtain photo ID
__ Work schedule
__ Disability or illness
__ Family responsibilities
__ Other (please identify): ________________________________________________

The Affidavit must also have spaces for voters to print and sign their name, and provide the date it is signed. There may also be spaces for Election Officials to enter administrative information such as the polling location at which the Affidavit was received. The Affidavit does not have to be notarized or sworn before an Officer that can administer oaths or affirmations. The Commission has begun the process of creating the Affidavit form, and will provide it to all Election Officials once it is complete.

The Commission is required to ensure that copies of the Affidavit are available at the polls and to those who vote by Absentee ballot. If voters complete and submit an Affidavit, they are to receive a regular ballot. No person may challenge the sufficiency of the reason given by the voter for failing to obtain an ID.











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