Frank v. Walker: Fighting Voter Suppression in Wisconsin
What's at Stake
Wisconsin’s voter ID law is one of the harshest in the country and requires voters to produce one of a few specified forms of photo identification in order to vote. This restriction imposes a substantial burden on the right to vote by requiring photo identification that many voters do not have, and that many voters cannot easily obtain, in violation of the Fourteenth Amendment of the Constitution. In addition, the Wisconsin voter ID law violates Section 2 of the Voting Rights Act, which prohibits the use of voting practices that have a negative impact on racial and language minorities. The law has a disproportionate impact on black and Latino voters, who are twice as likely to lack photo ID accepted for voting in Wisconsin compared to white voters.
Summary
On December 13, 2011, the American Civil Liberties Union filed a lawsuit in the U.S. District Court for the Eastern District of Wisconsin challenging Wisconsin's voter ID law. On April 29, 2014, the district court ruled that the law was unconstitutional and in violation of the Voting Rights Act, and struck down Wisconsin’s voter ID law in its entirety. On October 6, the Court of Appeals for the Seventh Circuit reversed that ruling, but the ACLU successfully blocked the law from taking effect for both the November 2014 midterms and the April 2015 primary.
The ACLU subsequently asked the federal district court to allow certain people who have difficulty obtaining identification to vote by affidavit. On October 19, 2015, the district court denied our request, but on April 12, 2016, the appeals court revived the ACLU's challenge to the voter ID law, directing the district court to consider the claims of voters who have trouble obtaining identification under Wisconsin’s strict voter ID law.
UPDATE: On July 19, 2016, the federal district court ruled that voters who have trouble obtaining identification under Wisconsin’s strict voter ID law can vote by affidavit. The state has appealed that decision to the Seventh Circuit.
Legal Documents
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06/10/2016
Frank v. Walker-Motion for Preliminary Injunction -
06/29/2016
Defendants' Response to Plaintiffs' Motion for PI -
07/06/2016
Plaintiff's Reply in Support of MPI -
07/19/2016
Preliminary Injunction Motion Granted -
08/03/2016
Petition for Initial Hearing En Banc -
08/10/2016
Frank v. Walker - Order Granting Stay -
08/11/2016
Frank v. Walker - Emergency Motion for Rehearing En Banc -
08/15/2016
Frank v. Walker - Panel Denial of Reconsideration -
08/26/2016
Frank v. Walker - En Banc Denial -
09/30/2016
Brief and Short Appendix of Plantiffs-Appellees/Cross-Appellants
Date Filed: 06/10/2016
Court: District Court (E.D. Wis.)
Affiliate: Wisconsin
Date Filed: 06/29/2016
Court: District Court (E.D. Wis.)
Affiliate: Wisconsin
Date Filed: 07/06/2016
Court: District Court (E.D. Wis.)
Affiliate: Wisconsin
Date Filed: 07/19/2016
Court: District Court (E.D. Wis.)
Affiliate: Wisconsin
Date Filed: 08/03/2016
Court: District Court (E.D. Wis.)
Affiliate: Wisconsin
Date Filed: 08/10/2016
Court: District Court (E.D. Wis.)
Affiliate: Wisconsin
Date Filed: 08/11/2016
Court: District Court (E.D. Wis.)
Affiliate: Wisconsin
Date Filed: 08/15/2016
Court: District Court (E.D. Wis.)
Affiliate: Wisconsin
Date Filed: 08/26/2016
Court: District Court (E.D. Wis.)
Affiliate: Wisconsin
Date Filed: 09/30/2016
Court: District Court (E.D. Wis.)
Affiliate: Wisconsin
Press Releases
ACLU Comment on Appeals Court Action in Wisconsin Voter ID Challenge
Federal Court Rules Against Restrictive Wisconsin Voter ID Law
Federal Appeals Court Revives Challenge to Wisconsin’s Voter ID Law
ACLU Comment on Wisconsin Voter Ballot Access Decision
ACLU Asks Federal Court to Expand Wisconsin Voter Access Opportunities
Wisconsin Voter ID Law on Hold for April Election