Peterson Stays IDPP Provision of His Voter ID Order

Peterson Stays IDPP Provision of His Voter ID Order

Judge James D. Peterson stayed one part of his order in the One Wisconsin Institute / Citizen Action of Wisconsin case. The portion of the order that created a "permanent" receipt good for voting when a voter initiated the ID petition process (IDPP) at the DMV was stayed, because the current IDPP process creates a receipt that allow voters to get through the November election. A final determination on this issue will be made on appeal.

Judge Peterson refused to stay any other orders in his decision prior to appeal.

Read the stay order, issued August 11, 2016.

Original orders, excerpted from the full July 29, 2016 decision.

  1. The IDPP as implemented is unconstitutional under the First and Fourteenth Amendments to the United States Constitution; 
  2. 2013 Wis. Act 146 is unconstitutional under the Fifteenth Amendment to the United States Constitution;
  3. The restriction limiting municipalities to one location for in-person absentee voting is unconstitutional under the First and Fourteenth Amendments to the United States Constitution;
  4. The state-imposed limits on the time for in-person absentee voting, with the exception of the prohibition applicable to the Monday before election day, are unconstitutional under the First and Fourteenth Amendments to the United States Constitution;
  5. The requirement that “dorm lists” to be used as proof of residence include citizenship information is unconstitutional under the First and Fourteenth Amendments to the United States Constitution;
  6. The increase of the durational residency requirement from 10 days to 28 days is unconstitutional under the First and Fourteenth Amendments to the United States Constitution;
  7. The prohibition on distributing absentee ballots by fax or email is unconstitutional under the First and Fourteenth Amendments to the United States Constitution;
  8. The prohibition on using expired, but otherwise qualifying, student IDs is unconstitutional under the First and Fourteenth Amendments to the United States Constitution;
  9. Plaintiffs’ request for a permanent injunction is GRANTED, and defendants are permanently enjoined from enforcing any of the provisions held unlawful in sections 1 through 8 of this ORDER;
  10. [THIS PROVISION IS STAYED] Defendants, and their officers, agents, servants, employees, attorneys, and all those acting in active concert or participation with them, or having actual or implicit knowledge of this order, are further ORDERED to:
    1.     Promptly issue a credential valid as a voting ID to any person who enters the IDPP or who has a petition pending;
    2.     Provide that any such credential has a term of expiration equivalent to that of a Wisconsin driver license or photo ID and will not be cancelled without cause;
    3.     Inform the general public that credentials valid for voting will be issued to persons who enter the IDPP;
    4.     Further reform the IDPP so that qualified electors will receive a credential valid for voting without undue burden, consistent with this opinion;
  11. [THIS PROVISION IS STAYED] Provisions 10.a. through 10.d. are to be effectuated within 30 days so that they will be in place and available for voters well before the November 8, 2016, election.
  12. The court retains jurisdiction to oversee compliance with the injunction;
  13. The court intends this ruling to be immediately appealable; for the avoidance of doubt, the court grants permission to any party to file an interlocutory appeal if this order is not final for appeal purposes. 

UPDATE: Attorney General Brad Schimel and others with the Wisconsin Department of Justice filed a motion with the 7th Circuit Court for an emergency stay of Judge Peterson's other orders on August 13, 2016. Read the motion here.