Recent court action puts use of new law for Tuesday’s election in question
After spending the better part of the past month educating municipal clerks and voters that they will not have to use photo identification for next Tuesday’s election, the state Government Accountability Board is now advising voters to bring a photo ID to the polls just in case.
“We say voters should be prepared because there is still some uncertainty about whether an acceptable photo ID will be required to vote on Tuesday,” said Kevin Kennedy, director and general counsel of the GAB “As of today, a photo ID will not be required, but voters should pay attention to news reports on Election Day in the event of a change.”
Kennedy said he believes it would be unfair to voters and local election administrators to reinstate the requirement so close to Tuesday’s election after they’ve been coached to proceed without voter ID for the past three weeks.
While municipal clerks throughout the area were preparing for an election without the photo ID requirement, things changed rapidly on Wednesday after state appeals courts referred two separate legal challenges to the state’s voter ID law to the state Supreme Court.
It is possible, according to officials, the Supreme Court could decide to reinstate the voter ID requirement in the days and hours leading up to Tuesday’s vote.
Editor apologizes
Wednesday’s about-face also burned three local weekly newspapers – the Burlington Standard Press, Waterford Post and Westine Report – which ran a story based the GAB’s earlier pronouncements that photo ID will not be in effect for the election.
Ed Nadolski, editor in chief for Southern Lakes Newspapers – which publishes those three newspapers and this website – said the story confusion is the unfortunate result of deadline timing and an unanticipated court action.
“The story had gone to press by the time the appeals court decision to send the matter directly to the Supreme Court was announced,” Nadolski said. “We apologize to readers and sincerely hope it doesn’t exacerbate an already confusing situation for voters.
“Unfortunately, we don’t have another print deadline until after the election,” he added.
State Attorney General J.B. Van Hollen has appealed two Dane County District Court orders enjoining the GAB from enforcing photo ID provisions of 2011 Wisconsin Act 23. On Wednesday, those appeals were certified to the Wisconsin Supreme Court, which had not as of early Thursday afternoon, taken action on the matter.
“We are just a few days away from the April 3 election, and we have taken extensive steps to comply with the March 6 and March 12 court orders enjoining us from implementing and enforcing the photo ID provisions of the law,” Kennedy said. “While we understand the need to have this issue settled, as election administrators we believe it would be unfair to voters and local election officials to have the rules concerning photo ID changed again so close to the election.”
Be prepared
The GAB has instructed local election officials to train poll workers on the photo ID requirements of the law so they will be prepared in case the court orders blocking photo ID are reversed. However, the local election officials have been instructed not to enforce the photo ID requirements for the April 3 election unless a new court orders otherwise.
Likewise, voters who have an acceptable photo ID (state driver license, state ID card, student ID card with proof of enrollment, military ID card, U.S. passport, tribal ID card) should bring it with them to the polling place, in the event the Supreme Court reinstates the photo ID requirement immediately before the April 3 election, Kennedy said.
“When you get to the polling place, be ready to state your name and address to the poll workers,” said Nathaniel E. Robinson, elections division administrator. “This is something Wisconsin voters have always needed to do to vote. It doesn’t matter if the poll workers know you.”
Voters should also be ready to sign the poll book – another new requirement in Act 23 that was not changed by the court orders.
“Having you sign the poll book helps ensure your voter participation records are accurate, and will also provide evidence in case of suspected voter fraud,” Robinson said.
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