Senate Republicans push forward voter ID constitutional amendment proposal
Sen. Van Wanggaard and Rep. Patrick Snyder testified about the voter ID constitutional amendment proposal Tuesday. (Screenshot via WisEye)
Wisconsin Senate Republicans — worried about potential future actions that could weaken current laws — pushed forward a proposal Tuesday to amend the state constitution to require that voters provide photo identification when casting their ballots.
The state implemented voter ID laws fully for the first time in 2016, requiring voters to show a valid photo ID when casting their ballots. Republican lawmakers said they want to add it to the state constitution to make it harder to repeal the requirement and harder for the state Supreme Court to overrule the law. With the measure added to the constitution, it would take another constitutional amendment to remove it.
Republicans on the Senate Judiciary and Public Safety Committee passed the measure Tuesday, despite Democrats complaining that it was being rushed through, is redundant given current state law and that voter ID laws are harmful.
The Senate plans to consider the measure as a whole Wednesday morning, so it can then be sent to the Assembly in time for it to be placed on the April ballot, coinciding with the election to fill a consequential open Supreme Court seat from which Justice Ann Walsh Bradley is retiring.
“It is no secret that liberal activists and Democrats are filing court cases left and right, trying to overturn laws that have been previously found constitutional by the Wisconsin Supreme Court and/or the federal courts,” said Sen. Van Wanggaard (R-Racine), who co-authored the proposal, during the hearing.
Wanggaard noted that since 2023, when the state Supreme Court shifted from a conservative to a liberal majority, there have been challenges to the state’s 1849 law that banned abortion for a time following the overturning of Roe v. Wade and a challenge to Act 10. He said that some have suggested online that voter ID should be challenged also.
“We can be sure that a new lawsuit challenging its constitutionality is coming to the Wisconsin Supreme Court. I cannot say for certain how the Wisconsin Supreme Court would rule on voter ID laws, but I’m also not willing to risk Wisconsin’s Supreme Court unburdened by precedent,” Wanggaard said. “The only way to ensure that… our future Supreme Courts will not overturn voter ID is to enshrine this basic election integrity law in Wisconsin’s Constitution.”
Wanggaard also mentioned past comments made by the Judge Susan Crawford, who is running for a seat on the state Supreme Court and has drawn backing from Democratic and liberal interest groups. She has opposed the state’s voter ID law in the past and called such measures “draconian.”
Crawford faces Brad Schimmel, a former Wisconsin attorney general in the race, who has supported voter ID and suggested that the state’s requirement may have helped President-elect Donald Trump and U.S. Sen. Ron Johnson win Wisconsin in 2016.
To protect voter ID requirements, Republicans’ proposal would add language in the state constitution requiring that to vote, a qualified elector in any election must first present a photo ID issued by the state, by the federal government, by a federally recognized American Indian tribe or band, or by a college or university in Wisconsin. The amendment would require acceptable forms of ID to be specified in law, authorize lawmakers to pass laws establishing exceptions to the photo ID requirement and require that a person unable to present valid ID before voting on Election Day must be given the opportunity to cast a provisional ballot and present a valid photo ID at a later time and place.
To enact a constitutional amendment, lawmakers must pass identically worded proposals in two consecutive legislative sessions before sending it to voters, who decide whether to ratify the change. Republicans passed the proposal the first time in November 2023.
Tuesday’s hearing in the Senate Judiciary and Public Safety Committee was the first of the new legislative session, and Democratic lawmakers criticized both the measure and the last-minute scheduling of the hearing, which was noticed late Monday afternoon following lawmakers’ swearing-in ceremony.
Sen. Kelda Roys (D-Madison) said she was disappointed that Republicans were rushing to impose their “policy choices on the state of Wisconsin in perpetuity,” but have been hesitant to act after other rights, including reproductive rights and the right to privacy, have been threatened.
“When those rights are stripped away by the federal Supreme Court, this body refuses to act,” Roys said. “But when we want to hurt people and make it harder for them to exercise one of the most fundamental rights in our democracy, the right to vote, we’re very, very eager to do that.”
Wanggaard said that lawmakers have “tripped over” themselves trying to make it easy to get an ID. He noted that free ID cards for voting are accessible through the Wisconsin Department of Motor Vehicles.
“I can’t think of any other reason why they shouldn’t be able to get that identification unless they’re not lawfully eligible to begin with,” Wanggaard said.
Roys said that there can be barriers to fulfilling voter ID requirements, even if an ID itself is ostensibly free. She said those include the cost of obtaining necessary documents to get a voting ID, such as a birth certificate or proof of residence, as well as accessibility of and transportation to the DMV for an ID.
A report by UW-Madison political scientists about the laws impact during the 2016 election found that in Dane and Milwaukee counties between 8,000 and 17,000 registered nonvoters were deterred from voting, and between 4,000 and 11,000 were prevented from voting due to the state’s voter ID law.
“It doesn’t really matter how many people voted or what percentage of people voted. When it comes to people’s rights, one eligible voter who is not able to exercise their right is too many,” Roys said. She pointed to the study, saying that “there is a lot of evidence that we have just in Dane and Milwaukee counties that… voters were turned away not able to vote or deterred from voting because of our restrictive voter ID laws.”
“Because they were required to have an identification card?” Wanggaard retorted. “Come on, that’s ridiculous. Go get an ID if you want to vote and that’s so important.”
Roys said she was concerned that the lawmakers were overlooking the problems that people could be facing.
“When you gloss over the actual problems that real people have, just because you didn’t experience it, I think that’s evidence of very lazy policymaking,” Roys said. “We’re not here to decide what’s the best policy… for anyone who has the privilege of sitting at this table, we are here to make policy for for a single mom who’s got a disabled kid and has limited access to transportation and lives in a rural county that doesn’t even have a DMV that’s open three days a week.”
Apart from the authors, no one at the hearing testified in favor of the proposal. Representatives from the League of Women Voters Wisconsin, Disability Rights Wisconsin, the Wisconsin Democracy Campaign and All Voting is Local testified in opposition to the resolution, with many bringing up similar concerns about accessibility for certain people, including those with disabilities, students, low-income voters
Rep. Patrick Snyder (R-Weston) noted that a voter who doesn’t have ID at the polling place can still cast a provisional ballot.
A provisional ballot is one issued to a voter who is unable to provide the poll workers with documentation as required by Wisconsin or federal law. A provision ballot can be marked at the time, but is set aside and not counted until the voter either returns to the polling place during polling hours to show a photo ID or present a valid voter ID at their clerk’s office before 4 pm on the Friday after the election.
Sen. LaTonya Johnson (D-Milwaukee) said provisional ballots can pose another barrier for voters. Returning to the polls can be difficult if someone doesn’t have reliable transportation or needs to take time off from work, she said
Johnson also said she was frustrated lawmakers decided that the measure was Republicans’ first priority for the session.
“If we want to ensure that everybody has the right to vote, we could make automatic registration at the time people turn 18, which would give everybody in this state equal opportunity to vote. We can make it automatic, and we can make voter IDs free automatically… But we’re not,” Johnson said.
“This is our No. 1 priority — on top of our kids, on top of mental health, on top of lack of need and so many other issues. Voter ID is our priority,” Johnson continued. “I think it sets a precedent in this committee about the people that we send here and what we think our constituents care about.”
The Assembly Campaigns and Elections plans to meet Wednesday morning to consider the proposal.
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