Could be circumvented by constitutional amendment
Wisconsin voters will on the same day this April choose a new state Supreme Court justice and also decide whether the state’s voter ID law will become part of the state Constitution — issues yoked by what almost certainly will happen in the months thereafter.
State Sen. Van Wanggaard, chair of the Committee on Judiciary and Public Safety, said during a committee hearing on Jan. 7 that the state “can be sure that a new lawsuit challenging constitutionality (of the current statute on voter ID) is coming to the Wisconsin Supreme Court.”
Wanggaard, R-Racine, introduced the original resolution asking voters to weigh in on whether voter ID should be placed in the constitution in 2023, six months after progressive Milwaukee County Judge Janet Protasiewicz won a bitter race for a state Supreme Court seat and gave liberals the majority for the first time in 15 years.
Supporters of current Supreme Court candidate Susan Crawford, a Dane County circuit court judge, are hoping to maintain that progressive majority past the retirement of one of the court’s liberals.
In private practice, Crawford was part of a legal team that tried to invalidate the picture ID requirement in 2014. They lost the case. In a newspaper profile in 2018, Crawford referred to the voter ID law as “draconian.”
When asked by the Badger Institute what Crawford’s current position is on voter ID, campaign spokesman Derrick Honeyman responded by email, “It would be inappropriate for any judge or candidate for the Wisconsin Supreme Court to comment on an issue that could come before the court in the future.
“Previously, as a private-practice attorney, Judge Crawford represented the League of Women Voters of Wisconsin and advocated on their behalf to protect voting rights and to strengthen the photo ID law. Judge Crawford believes in safe and secure elections, while protecting the right of all eligible citizens to vote.”
Asked the same question, the campaign for Brad Schimel, a Waukesha County circuit court judge also running for Supreme Court, responded with a statement.
“Judge Schimel has never and will never prejudge a case,” spokesman Jacob Fischer told the Badger Institute. “On the contrary, Susan Crawford was the attorney who fought to abolish Wisconsin’s voter ID law, which raises serious ethical questions. Can Wisconsinites trust her to rule objectively on this matter?”
The voter ID ballot question was approved for placement on the spring ballot by a vote entirely along party lines in the Legislature last week.
It calls for voters to consider this question:
“Shall section 1m of article III of the constitution be created to require that voters present valid photographic identification verifying their identity in order to vote in any election, subject to exceptions which may be established by law?”
The current law, which will remain in place regardless of the outcome of the April 1 vote, allows a variety of IDs:
- A driver’s license, whether revoked or not, or an identification card issued by the Wisconsin Department of Transportation.
- A military ID.
- A U.S. passport.
- A dated and signed photo ID issued by an accredited state college or university.
- An ID issued by an Indian tribe recognized by the federal government.
Voters without an ID can cast a provisional ballot if they return with an ID later to the polling place.
Speaker Robin Vos, R-Rochester, told the Assembly that concern about an activist court was the reason for the ballot question.
“Any supposedly nonpartisan candidate who opposes simple constitutional voter ID requirements disqualifies themselves from elected office,” Vos told the Badger Institute Wednesday.
Vos said roughly 80% of the voting public in Wisconsin supports requiring a voter to present a photo ID. He cited three messages on X from Tony Evers, a Democrat, prior to the November election touting the ease with which voters can obtain and use an ID.
Still, he said he expected opposition from “the fringe far left.”
“They are going to be so far outside of the mainstream they are going to be in opposition to Tony Evers when you are not on the side of 80% of the people for something that is commonplace in our society.”
“A ‘yes’ vote strengthens Wisconsin’s existing statutory requirement and protects it against removal by a future legislature or an activist judiciary,” Vos said in a statement. “Accusations that the law suppresses votes also have no basis. Voter turnout in Wisconsin has increased since the initial passage of the requirement.”
Eighty-four percent of Americans favor requiring photo ID to vote and 83% think voters ought to provide proof of citizenship when registering to vote for the first time, according to a Gallup poll in October.
Wisconsin is one of nine states that require a photo ID, but another 27 require other forms of non-photo identification, like bank or other personal documents and proof of address according to the National Conference of State Legislatures. Of the nine with a photo ID requirement, Wisconsin is alone in also permitting new voters to register on election day at the polls. Non-photo forms of “proof of residence” suffice when registering, including bank statements or utility bills.
Progressive activist groups continue to flog studies that suggest voter ID laws suppress voting among lower income and minority groups. Supporters point to states such as Georgia that, despite suppression allegations, smashed a record for voter turnout in the November presidential election.
Mark Lisheron is the Managing Editor of the Badger Institute.
Any use or reproduction of Badger Institute articles or photographs requires prior written permission. To request permission to post articles on a website or print copies for distribution, contact Badger Institute President Mike Nichols at mike@badgerinstitute.org or 262-389-8239.
Submit a comment
"*" indicates required fields
