Note To Those Pushing Unneeded, Punitive Voter ID Law: See You In Federal Court
One of the reasons we have Federal courts independent of governors, legislators and local officials is to make sure states don't legislate against phantom wrongs and step on Constitutionally-protected rights.
I'm not a lawyer, but I'm betting litigation is being drafted as we speak to check Wisconsin's bill against federal laws and the Constitution.
1 comment:
Looks like these particular effort is going to have be fought in the state courts.
A federal court challenge seems unlikely as one effect of the U.S. Supreme Court ruling in Crawford v. Marion County Election Board (No 07-21) (2008) upholding an Indiana voter ID law is that "future challenges to voter laws must be filed with respect to the application of a specific law—after its controversial mandates are already applied in an election," as noted by the Brennan Center, a leading civil rights organization. See
http://www.brennancenter.org/content/resource/brennan_center_criticizes_supreme_court_decision_to_uphold_indiana_voter_id/
Voting is not very well protected under federal Constitutional law.
Voting is however, extremely well protected under Wisconsin Constitutional law.
"... The Wisconsin Constitution vests and warrants the right [to vote] at the time of election. Every one having the constitutional qualifications then, may to go the polls, vested with this franchise, of which no statutory condition precedent can deprive him, because the [Wisconsin] constitution makes him, by force of his present qualifications, a qualfied voter at such election" [Wis. Const, art III, section 1] Wood v. Baker, 38 Wis. 71: (August 1875)] Wisc. - Wisconsin Supreme Court
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