The 7th U.S. Circuit Court of Appeals put on hold a ruling by a federal judge in Milwaukee last month saying those having trouble getting the required photo ID could still cast a ballot by signing an affidavit affirming their identity.
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Under the ruling by U.S. District Judge Lynn Adelman, Wisconsin voters who did not have photo identification would have been able to vote in the November 8 presidential election. In that case Peterson struck down several changes to state election law, including voter identification and limits on weekend and early voting.
“The decision by the Seventh Circuit panel guarantees the disenfranchisement of vulnerable Wisconsin citizens in November”, said ACLU voting project Director Dale Ho.
A federal appeals court has issued a stay of a ruling that would have allowed Wisconsin voters to provide an affidavit instead of photo ID.
The state appealed that ruling, leading to Wednesday’s decision in the Seventh Circuit. His order would have allowed voters to declare who they are while allowing them to cite a number of reasons for not being able to obtain an ID, including: lack of transportation; lack of birth certificate or other documents needed to obtain photo ID; and disability or illness. Walker, concluding that “both that the district court’s decision is likely to be reversed on appeal and that disruption of the state’s electoral system in the interim will cause irreparable injury”, the department said in a statement.
But part of the voter ID law remains blocked because of a separate ruling in another federal trial court in recent weeks.
Governor Scott Walker issued a statement: “Voter ID is a reasonable measure to protect Wisconsin voters against cheating and make sure every vote counts”.
The American Civil Liberties Union had asked for the injunction in June.
The DOJ also has requested an emergency stay of a ruling by James Peterson in Madison.
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The full court split 5-5 in 2014 on whether to strike down Wisconsin’s voter ID law.
