MADISON, Wis. — A federal judge on Friday ordered the state of Wisconsin to investigate whether transportation workers are failing to issue temporary photo identification for voting, as promised.
U.S. District Judge James Peterson issued his order around the same time a civil liberties group filed a motion in a separate case demanding a federal appellate court invalidate voter ID requirements in Wisconsin because the state hasn’t abided by its pledge.
Under Wisconsin law, voters must show a form of government-approved photo identification at the polls. People who lack such identification can obtain free photo IDs at state Department of Transportation Division of Motor Vehicles field offices.
The agency in May announced that people who want IDs but lack the underlying supporting documents such as birth certificates could get a receipt valid for voting. The move was designed to blunt a pair of lawsuits alleging that voters who lack such documents face tough challenges in obtaining free ID.
Peterson ruled in July that the DOT’s petition process to obtain the receipt was a “wretched failure” because it still left black and Hispanic citizens unable to obtain IDs. He ordered the state to quickly issue credentials valid for voting to anyone who enters the petition process but lack the necessary documents, including birth certificates.
The Nation published a story on Thursday alleging DMV workers at a field office told a man named Zack Moore that he couldn’t obtain a temporary ID because he lacked a birth certificate and that the way IDs were being handled was still up in the air. The story went to say that Molly McGrath, the national campaign coordinator with VoteRiders, visited 10 DMV stations where employees gave people a wide range of answers about how long it would take to get an ID.
Moore tried to obtain his ID on Sept. 22. That was the same day Attorney General Brad Schimel filed an update with Peterson saying all DMV field staff had been trained to ensure anyone who fills out an application to enter the petition process will get an ID mailed to them within six days.
“These reports, if true, demonstrate that the state is not in compliance with this court’s … order, which requires the state to ‘promptly issue a credential valid as a voting ID to any person who enters (the petition process) or who has a petition pending,'” Peterson wrote.
He ordered the state to investigate and report back to him by Oct. 7.
Transportation spokeswoman Patricia Mayers called the stories of problems at the DMV offices “concerning and … not consistent with DMV protocol.” She said the agency has already launched an investigation and will report its findings to Peterson, as ordered.
“DMV remains committed to working with all eligible voters to ensure they receive free identification, as required for voting,” she wrote in an email.
Meanwhile, the American Civil Liberties Union on Friday filed a motion in a separate voter ID challenge before the 7th U.S. Circuit Court of Appeals. The motion alleges that the DOT isn’t issuing voting credentials to people in the petition process and has violated its promise that anyone who goes to the DMV will get an ID with whatever documents they possess.
The ACLU alleged that DMV workers have failed to tell applicants the petition process exists, that applicants have had to make multiple visits to DMV offices and that workers have incorrectly told people that in order to begin the petition process, they need proof of identity such as a social security card — which can’t be obtained without a photo ID. As many as 1,640 eligible voters in Milwaukee County lack both ID and a Social Security card, the ALCU alleged.
The group also claimed that people who present birth certificates with misspellings haven’t been allowed to enter the process and DMV field offices offer limited hours. The motion asks the court allow voters who lack ID to cast ballots by affidavit or completely invalidate the voter ID law.
“People who have started (the petition process) are supposed to get a temporary ID but as we’re seeing on the ground that’s not happening,” ACLU attorney Sean Young said in a telephone interview. “DMV employees aren’t implementing their own procedures. DMV cannot be trusted to this correctly.”
The state Department of Justice is defending the voter ID law in the case. DOJ spokesman Johnny Koremenos said agency attorneys are reviewing the ACLU’s filing.
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