A Dane County judge issued a temporary injunction against Wisconsin’s voter identification law Tuesday, freezing the law requiring identification in order to vote, on the grounds that the provision disproportionately affects certain groups of voters.
Circuit Judge David Flanagan ordered Gov. Scott Walker’s administration and the Government Accountability Board to stop enforcing the requirement that voters present photo identification to receive a ballot, which has been in effect since the state’s Feb. 21 primary elections.
Because of his ruling, voters will not have to present valid photo identification at the polls for the state’s April 3 elections, which include the Republican presidential primary and other local general elections.
With the voter ID law in effect, UW-Madison had provided students with free voter identification. Because of the injunction, students can now vote without the university-issued IDs.
“If no injunction is issued, a clearly improper impairment of a most vital element of our society will occur,” Flanagan wrote in his decision. “The duty of the court is clear ... Irreparable harm is likely to occur in the absence of an injunction.”
The Republican Party of Wisconsin called the validity of the ruling into question, however, because Flanagan signed a petition to recall Walker. RPW communications director Ben Sparks said they would ask the Wisconsin Judicial Commission to further investigate the matter.
Flanagan will determine whether to grant a permanent injunction against the law in a trial scheduled for April 16.
The Milwaukee branch of the NAACP and Voces de la Frontera, a Latino rights group, filed the lawsuit last year, arguing the photo ID requirement created an undue burden for minority voters, who were found to be less likely to possess state identification.
In response to the decision, Government Accountability Board Director Kevin Kennedy said in a statement that the board would adjust their procedures in line with the temporary injunction.
Rep. Mark Pocan, D-Madison, applauded Flanagan’s decision, saying the voter ID law made it more difficult for citizens to exercise their Constitutional right to vote.
“Today’s ruling affirms what we’ve known all along; the photo ID for voting bill passed by Republicans disproportionately affects seniors, the indigent and minorities,” Pocan said in a statement.
Walker spokesperson Cullen Werwie said he remains confident the state will protect election integrity and successfully implement voter ID.
“Gov. Walker looks forward to implementing common sense reforms that protect the electoral process and increases citizens’ confidence in the results of our elections,” Werwie said in an e-mail.
Three other lawsuits have also been filed against the state’s voter ID law, including one at the federal level by the American Civil Liberties Union of Wisconsin.
If the state Department of Justice decides to appeal the decision, the case will likely move to the Wisconsin Supreme Court.
Attorney General J.B. Van Hollen’s office could not be reached for comment Tuesday.
