Monday’s ruling by Dane County Circuit Judge Richard Niess spells out in compelling argument why Wisconsin’s voter ID law is unconstitutional. The law, he essentially says, creates a new class of citizen who is barred from voting, those without the right form of state-mandated photo ID. That the Wisconsin Constitution does not allow, he says. That’s not the final word – this one was always destined for the state Supreme Court – but Niess makes a good case.
He also argues in passing that the law’s restriction would fall disproportionately on those with the fewest resources to obtain an ID, a point made by Circuit Judge David Flanagan last week on Wisconsin’s law and the U.S. Department of Justice in ordering Texas on Monday from enforcing its voter ID law.
We think Niess got it exactly right, although we acknowledge, as does the judge, that voter ID in some form is constitutional. It’s just that Wisconsin legislators went too far in constructing this measure.
Via Editorial @ Milwaukee Journal Sentinel.
See, also, Court Opinion.