League of Women Voters of Wisconsin Education Network, Inc. v. Walker
834 N.W.2d 393
Wis. Ct. App.2013Background
- 2011 Wisconsin Act 23 requires photo ID to vote, with limited exemptions; League sues for facial invalidity under Article III only.
- Circuit court grants summary judgment for League, declaring the ID requirement unconstitutional and enjoining enforcement.
- State officials appeal; they argue Act 23 facially constitutional.
- Court reverses, holding the League fails to show facial unconstitutionality; concessions by League bolster authority to require identification.
- Court relies on established doctrine that legislature may require identification to ascertain voter qualifications within a registration system, not constituting an impermissible new qualification.
- Remands for further proceedings consistent with the opinion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether photo ID is an 'additional qualification' under Article III | League argues ID adds a new qualification | State argues it is a registration-ascertainment tool, not an extra qualification | Not an additional qualification under Article III |
| Whether the ID requirement is facially 'unreasonable' under Article III | League contends the burden denies some qualified voters | No sufficient fact-finding; facial challenge fails as a matter of law | Facial challenge fails; cannot show burden in absence of facts |
| Whether the legislature exceeded Article III authority in enacting Act 23 | League claims excess of authority | League concessions show broad authority to establish a registration system | Authority exists; Act 23 valid under Article III |
| Effect of League concessions on the analysis | Concessions limit the League's position | Concessions support the State's interpretation | Concessions resolve key authority issue in State's favor |
Key Cases Cited
- State ex rel. Cothren v. Lean, 9 Wis. 254 ((1859)) (allowed legislature to require proof used to ascertain qualifications)
- Knowlton v. Williams, 5 Wis. 308 ((1856)) (addressed residency-related qualification; not an added qualification)
- Cornish v. Tuttle, 53 Wis. 45 ((1881)) (discussed additional qualification concept alongside Knowlton)
- Baker v. State, 38 Wis. (1883) ((1883)) (discussed reasonable proof of right to vote under registry framework)
- State ex rel. O'Neill v. Trask, 135 Wis. 333 ((1908)) (regarding proof of right to vote where not registered)