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Gothmog

(145,124 posts)
2. The decision in the Wisconsin voter id case should be coming out soon
Tue Jan 21, 2014, 11:26 PM
Jan 2014

I would love for this opinion to come out soon

dragonlady

(3,577 posts)
4. Let the judge take as long as he needs
Wed Jan 22, 2014, 03:02 PM
Jan 2014

to craft a water-tight opinion that will stand up to any criticism.

Gothmog

(145,124 posts)
5. I just want the opinion in time for the Texas voter id trial
Wed Jan 22, 2014, 03:08 PM
Jan 2014

The trial is set for September 2, 2014 but there will be summary judgments and other similar motions due over the summer. The Texas and the Wisconsin voter id laws both are different from the Indiana statute discussed by the SCOTUS . Indiana has a provision that allows a voter to sign an affidavit saying that they are indigent and cannot obtain an id without paying a fee.

IC 3-11.7-5-2.5(c)(2) provides

(c) If the voter executes an affidavit before the circuit court clerk or county election board, in the form prescribed by the commission, affirming under the penalties of perjury that:
(1) the voter is the same individual who:
(A) personally appeared before the precinct election board; and
(B) cast the provisional ballot on election day; and
(2) the voter:
(A) is:
(i) indigent; and
(ii) unable to obtain proof of identification without the payment of a fee; or
(B) has a religious objection to being photographed;
http://www.in.gov/legislative/ic/2010/title3/ar11.7/ch5.html

This difference was raised in the Wisconsin litigation on the Wisconsin voter id bill http://m.jsonline.com/230511991.htm

One difference between Wisconsin's law and Indiana's concerns those unable to get identification. In Indiana, people who can't get IDs can sign sworn statements and still vote. In Wisconsin, there is no such system.

Wisconsin makes state IDs available for voting for free, but some voters find they still have to pay fees for birth certificates or other documents necessary to qualify for the free IDs. That amounts to an unconstitutional poll tax, opponents of the law say.

Leaders of the state Assembly have said they plan to pass a bill this month allowing indigent people to sign affidavits so they can vote. But state Senate Majority Leader Scott Fitzgerald (R-Juneau) has said he does not want to take up changes to the voter ID law until there are more court rulings

A decision on the Wisconsin voter id law on this issue could be very helpful in the Texas voter id case.

dragonlady

(3,577 posts)
6. That affidavit proposal troubles me
Wed Jan 22, 2014, 04:00 PM
Jan 2014

How many voters would want to single themselves out as poor in front of everybody at the polling place? And how many would be scared stiff that they would later be prosecuted because their sworn affidavit was deemed false? (Exactly how poor is too poor to afford a $20 copy of your Wisconsin birth certificate or marriage license? Better not to chance it.)

The Indiana mechanism for voting a provisional ballot and then appearing later to claim indigence is even worse because the voter has to come back again, probably to an office far from home. Either way, it cuts down on people's exercise of their right to vote.

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