First Temporary Reversal of Recent Bad Decisions on Voter ID

The three-judge panel, led by Judge Frank Easterbrook, says in the stay order, the Seventh Circuit had “concluded that anyone who is eligible to vote in Wisconsin, but cannot obtain a qualifying photo ID with reasonable effort, is entitled to an accommodation what will permit him or her to cast a ballot.” But Judge Adelman, on remand of the case to his court by the Seventh Circuit, “instead of attempting to identify those voters, or to identify the kinds of situations in which the state’s procedures fall short,” instead “issued an injunction that permits any registered voter to declare by affidavit that reasonable effort would not produce a photo ID — even if the voter has never tried to secure one, and even if by objective standards the effort needed would be reasonable (and would succeed).”

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