Legal challenges to Wisconsin Act 23 (2011) are not over, (Associated Press).

[midnight]

"Neither Act 23 nor the Wisconsin Government Accountability (GAB) website notes a Photo Voter ID, proof of identification, as a condition to vote for permanent absentee voters."

"Not all voters are not treated the same under the onerous photo voter ID regime.

This poses the question whether the inequitable treatment of classes by the state towards one class in not having to present a photo ID, and another class having to present such an ID is a violation of the Due Process and Equal Protection Clauses of the Fourteenth Amendment under the United States Constitution.

What makes this question different from recent other past challenges is that this line of reasoning argues for a facial challenge of the 2011 Wisconsin Act 23."

http://malcontends.blogspot.com/2015/12/a-legal-challenge-to-wisconsin-voter.html

[Scuba]

1. If Republicans truly believed ...

[dragonlady]

2. The rationale for excepting permanent absentee voters

These voters are the ones who apply as "indefinitely confined because of age, illness, infirmity, or disability." The GAB has not interpreted it to require that the voter never leaves home, but that he "has trouble getting to the polls" because of those conditions. A presentation by GAB personnel that I attended left the impression that it is up to the voter to decide whether he qualifies.

The article linked in this post says such a voter has to produce a photo ID at the clerk's office when originally applying to vote absentee in this way, but this is not accurate. The GAB section on this says only to indicate being confined on the application for absentee status. Confined voters then "may" send a copy of photo ID with the ballot but "may also choose to have their absentee witness verify their identity." The same goes for voters who reside in places like nursing homes where either a special voting deputy or an official of the facility can verify identity.

If a witness is sufficient to identify these permanent absentee voters, why not anyone who votes in person or absentee? I'll verify my husband's identity and he will verify mine--it's as simple as that. My son and neighbor and other friends can go along at the same time. Before the Republican regime change, it was also possible to have someone else vouch for your residence when you registered to vote--that now requires one item from a mandatory list of documents. There is way too much needless suspicion nowadays (actually, political machinations).

[midnight]

3. Dragon lady look at this link. Tell me what you think about these directions.

http://www.gab.wi.gov/sites/default/files/publication/137/absentee_overview_4_20_15_pdf_15427.pdf

[dragonlady]

4. They are for "regular absentee voters"

The voters we were discussing above are a special case with special privileges when it comes to photo ID laws. That's what MAL, the author of your quote, rightly points out as a violation of equal protection.

Starting now, "regular" absentee voters have to send a copy of their driver's license or other approved ID with their request for absentee ballots. The application lets you ask for all the ballots for the rest of the year but you don't need to send the copy of ID again unless you move or change name during the year. The directions seem to say you can renew the request by calling the clerk and presumably don't have to send another copy, but that's not made explicit.

All this is a lot more complicated than it needs to be, but blame that on the legislature's majority. The GAB does the best they can with what they are given.

[midnight]

5. Thank you for clarifing this. You did a great job!