A second Dane County judge handed down a decision on Monday that ruled the state’s voter ID law is unconstitutional and legally barred any further attempts to enforce the law.

The League of Women Voters of Wisconsin challenged the new voter ID law on the basis that it was unconstitutional because it took away citizens’ inherent right to vote. Dane County Court Judge Richard Niess permanently upheld an injunction against the state voter ID law, preventing the state from enforcing the law until they take further legal action.

According to the decision, Niess found the suffrage provision of the state constitution does not give the Legislature the power to enact a voter identification provision that has the effect of disenfranchising otherwise qualified voters because they lack one of the forms of acceptable identification.

Niess added the voter ID law goes beyond the mere regulation of elections by eliminating the right to vote altogether for certain constitutionally qualified electors.

“Because the Wisconsin constitution is the people’s bulwark against government overreach, courts must reject every opportunity to contort its language into implicitly providing what it explicitly does not,” Niess said in the decision.

Niess said the Wisconsin constitution “unequivocally” says the right to vote belongs to all Wisconsin citizens who are qualified electors, not just “the fortunate majority” for whom the voter ID law poses little obstacle at the polls.

In a statement released hours after the judge upheld the injunction, Wisconsin Attorney General J.B. Van Hollen announced the Department of Justice will appeal the decision issued today by Niess and contended the voter ID law is consistent with the constitution.

“We’re confident that the law will be appealed during all 2012 elections,” Republican Party of Wisconsin spokesperson Ben Sparks said.

The campaign for Kathleen Falk, Democratic candidate for governor and former Dane County executive, released a statement on the injunction in support of the judge’s decision.

In the statement, Falk said the voter ID bill is a $17 million “scheme” that makes it harder for hundreds of thousands of eligible citizens such as seniors, minorities and students to vote, and purports to ‘solve’ a problem that does not exist.

Wisconsin Democracy Campaign spokesperson Mike McCabe said his organization supported the League of Women Voters of Wisconsin’s challenge and supported their determination that the law should be struck down.

“We applaud the judge’s decision,” McCabe said. “This law discriminates against certain groups. It creates a barrier in participating in elections.”

He added he believes yesterday’s challenge was based on the constitution, and nowhere does the document say under the voting requirements a person will qualify if they have an ID. 

“This law goes beyond what the Wisconsin constitution permits,” McCabe said. “It makes people jump through hoops just to exercise their right to vote.”
Although there have been two challenges against the voter ID law within a short period of time, the Republicans are still positive.

McCabe also characterized the current law as unjust.

“This is only one step in a long process,” McCabe said. “It’s like a caste system for voting; only those with a privileged status get to vote.”