For the second time in two days, a state appeals court said Thursday it will not hear an appeal to an earlier decision that permanently froze parts of the voter ID law. This means voters will not have to show an ID at polling places for the coming recall elections.
Last month, Dane County Circuit Judges Richard Niess and David Flanagan ruled in separate cases that part of the voter ID law requiring voters to show a valid form of photo identification at polling places is unconstitutional, blocking implementation of the law.
The Wisconsin Department of Justice challenged both the rulings, but the state Supreme Court declined to rule on the challenges, sending them back to the court of appeals.
On Wednesday the Waukesha District 2 Court of Appeals declined to take up the DOJ appeal, and on Thursday the Madison District 4 Court of Appeals declined as well. Their rulings mean that no decision will be made before the May 8 and June 5 recall elections and the law will remain invalid.
“The Wisconsin Supreme Court’s decision to decline our certification means, as a practical matter, that there will be no definitive court ruling before the May 8 and June 5 recall elections,” said the ruling from the District 4 Court of Appeals. “Given that the briefing period in this appeal has just begun, there is no realistic possibility that this court will issue an opinion before the June 5 election.”
Republicans had hoped the voter ID law, which passed last summer with a Republican majority in the Senate and Assembly, would be reinstated in time for the recall elections.
“It is my hope that this matter is concluded expeditiously,” said Attorney General Van Hollen in a statement earlier this month. “Continued uncertainty surrounding the conduct of elections represents the potential for irreparable harm to electors and the franchise.”
But Democrats applauded the courts’ recent decisions.
“We have important elections coming up,” said Andrea Kaminski, executive director of the Wisconsin League of Women Voters, one of the groups to initially challenge the law. “No matter how you feel about the candidates or the recall itself, if you are an eligible citizen you should be allowed and encouraged to vote in these elections.”
Experts are expecting the Wisconsin Supreme Court will make a final decision on the Voter ID law by November elections.
