141 F. Supp. 3d 932
E.D. Wis.2015Background
- Plaintiffs challenged Wisconsin Act 23's photo ID requirement as unconstitutional and a VRA §2 violation; trial court found an undue burden on voting rights and issued an injunction prohibiting enforcement.
- Seventh Circuit reversed the injunction on Class 1 relief, holding Crawford v. Marion County controls facial challenges based on predictions of effects rather than actual results.
- Plaintiffs seek relief for unresolved claims, including whether technical college IDs are acceptable and whether denial of veteran’s IDs violates equal protection vs. a rational-basis framework.
- GAB historically interpreted Act 23 to allow technical college IDs; emergency rule followed, but permanent rule not yet in place; mootness/ ripeness issues arise.
- Plaintiffs move for class certification for three groups: Class 1 (lack of ID with barriers), out-of-state license holders, and veterans with VA IDs.
- Court dismisses/denies relief on several grounds: Class 1 not reconsidered due to binding Seventh Circuit Crawford ruling; technical college claim unripe; out-of-state license claim moot for Meszaros and Dearing; veteran’s ID claim rejected on merits under rational-basis scrutiny.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Class 1 relief viability | Frank seeks affidavit-based voting without ID for Class 1. | Crawford forecloses; predictive claim indistinguishable from Crawford. | Class 1 relief not reconsidered; Crawford controls. |
| Ripeness of technical college ID claim | GAB interpretation creates ongoing risk to ID access. | Rules already in place; actions are contingent. | Claim unripe; denied relief. |
| Mootness of out-of-state license poll-tax claim | Surrendering out-of-state license to obtain Wisconsin ID is a poll tax. | Class representatives obtained qualifying IDs; mootness applies. | Meszaros and Dearing moot; class overruled; Frederick insufficient to certify. |
| Veteran's ID exclusion and rational basis | Excluding veteran’s ID is arbitrary; equal protection violation. | Rational basis; list must be finite for manageability; veteran’s ID not required. | Exclusion rationally grounded; no equal-protection violation; claims fail on merits. |
Key Cases Cited
- Crawford v. Marion County Election Bd., 553 U.S. 181 (U.S. 2008) (facial challenges based on predictions foreclosed)
- Beach Communications, Inc. v. FCC, 508 U.S. 307 (U.S. 1993) (rational-basis scrutiny permits broad lines of classification)
- Center for Inquiry, Inc. v. Marion Circuit Court Clerk, 758 F.3d 869 (7th Cir. 2014) (illustrates perils of irrational or arbitrary exclusions from a list)
- Wis. Right to Life v. Barland, 664 F.3d 139 (7th Cir. 2011) (ripeness concerns in constitutional challenges)
- Kovacs v. United States, 739 F.3d 1020 (7th Cir. 2014) (mandate rule; lower court bound by higher court resolution)
- Bauer v. Shepard, 620 F.3d 704 (7th Cir. 2010) (ripeness and practical considerations in structural challenges)