Frank v. Walker, 835 F.3d 649

Two consolidated petitions for initial en banc review challenge Wisconsin’s voter photo ID requirement; cases originated in the Eastern and Western Districts of Wisconsin.
Eastern District ordered that registered voters could vote by signing an affidavit claiming obtaining qualifying photo ID would be unreasonably difficult; a Seventh Circuit panel stayed that order.
Western District (One Wisconsin Institute v. Thomsen) declined the affidavit route but required reforms to Wisconsin’s ID Petition Process (IDPP), including issuance of temporary credentials to those who initiate the IDPP.
The State represented it had enacted a rule (EmR1618) requiring the DMV to mail a free photo ID to anyone who comes once to initiate the free ID process without demanding specific documents like birth certificates.
The Seventh Circuit considered whether exigent circumstances justified initial en banc review before the November 2016 election and whether the State’s representations addressed the district court’s requirements.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether initial en banc hearing is necessary to resolve the dispute before Nov 2016	Urgent en banc review needed to issue a decision in time for the election	State says DMV rule and reforms address concerns, making en banc unnecessary	Denied: urgency not shown given State's representations and Western District oversight
Whether voters should be allowed to vote by signing an affidavit that obtaining ID is unreasonably difficult	Eastern District: affidavit should permit voting for every registered voter who signs it	State opposed broad affidavit remedy	Panel stay of affidavit order; en banc denied (no change to stay)
Whether ID Petition Process must yield temporary voting credentials upon initiation	One Wisconsin: initiation of IDPP that shows eligibility entitles petitioner to a credential unless readily available info shows ineligibility	State contends its DMV rule ensures access and suffices	Court relied on State’s representation that initiation occurs by showing up with whatever documents one has; Western District will monitor compliance
Whether public must be informed that IDPP entrants will promptly receive voting credentials	Plaintiffs sought public notice to ensure access	State agreed to notify via DMV rule and other measures	Court conditioned denial on State’s compliance and Western District’s monitoring

Frank v. Walker, 819 F.3d 384 (7th Cir. 2016) (held state may not make it unreasonably difficult for any eligible voter to obtain a qualifying photo ID)