Wednesday, March 14, 2012

Why the Voter ID Law is Unconstitutional pt. 1

I've posted a short section of the full opinion piece written up by the Journal Sentinel, regarding the unconstitutional voter ID law. There's so much more, so check it out:
Monday's ruling by Dane County Circuit Judge Richard Niess spells out in compelling argument why Wisconsin's voter ID law is unconstitutional. He also argues in passing that the law's restriction would fall disproportionately on those with the fewest resources to obtain an ID.

We think Niess got it exactly right, although we acknowledge, as does the judge, that voter ID in some form is constitutional. It's just that Wisconsin legislators went too far in constructing this measure.

That's our argument, but we couldn't say it any better than Niess did in his ruling, which we excerpt at length below.

Judge Richard Niess' order granting a permanent injunction of the state's voter ID law:

Article III, Section 1 of the Wisconsin Constitution specifies who may vote in Wisconsin:

Section 1. Every United States citizen age 18 or older who is a resident of an election district in this state is a qualified elector of that district. . . .

Article III is unambiguous, and means exactly what it says. It creates both necessary and sufficient requirements for qualified voters. Every United States citizen 18 years of age or older who resides in an election district in Wisconsin is a qualified elector in that district, unless excluded by duly enacted laws barring certain convicted felons or adjudicated incompetents/partially incompetents.

The government may not disqualify an elector who possesses those qualifications on the grounds that the voter does not satisfy additional statutorily created qualifications not contained in Article III, such as a photo ID . . . .


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