Take Action: Tell Attorney General Holder to Protect Every Citizen's Right to Vote

Tell Attorney General Holder: Protect Every Citizen's Right to Vote

If you share our concern about the new restrictions on voting rights in Wisconsin, including the requirement to show photo ID in the 2012 elections, here's an action you can take right now. 

Tell AG Holder to review how these restrictions in Wisconsin and across the country violate the Voting Rights Act.

Share the action alert with your friends on Facebook or Twitter

More than four decades ago, the Voting Rights Act put an end to the widespread discrimination that robbed people of color of their voice at the ballot box. This year, in state capitals across the country, we are again seeing a pernicious attack on one of the American people's most cherished and fundamental rights: the right to vote.

Tell the federal Department of Justice to fully enforce the Voting Rights Act by aggressively scrutinizing new voting restrictions for discriminatory impact, refusing to pre-clear laws that have a discriminatory purpose or effect, and bringing cases in other states where necessary to challenge regressive voter laws. Don't let America turn back the clock on the fundamental right to vote.  

Contact Attorney General Holder and help stop these voter suppression tactics.

ACLU of Wisconsin Resources on Voting Rights Are Available On-line
With special and recall elections scheduled in various parts of Wisconsin in July and August and the recent passage of a "voter id" law, many people have questions about voting procedures. The FAQ below may answer most of voters’ common questions. Perhaps most important, voters should know that the photo identification requirement does not go into effect until 2012. Voters will be asked for identification, but they are not required to provide it at elections in 2011 and will be able to vote if they do not have an id. However, there are some changes to registration and voting procedures that will be in effect for the July and August elections. The Government Accountability Board, which oversees elections in Wisconsin, has more information on the Voter ID law and other aspects of voting.
Fact Sheet: Wisconsin Voting: Know Your Rights; Voting Rights FAQ (detail)

More on the Why the Voting Rights Act Protects our Democracy
Today, 30 states have passed laws requiring voters to present identification to vote, and in 15 of those states, voters must present a government-issued photo ID. These laws will result in untold numbers of legal voters being turned away from the polls because over 21 million Americans do not have government-issued photo identification. Obtaining a photo ID presents a substantial — and unnecessary — barrier for many of our nation's citizens. There is no credible evidence that in-person impersonation voter fraud — the only type of fraud that photo IDs could prevent — is even a minor problem in our country.

The attacks are not just limited to voter ID. Some states are engaging in other voter suppression tactics like restricting voter registration drives and reducing the amount of time for early voting. All these laws disfranchise eligible voters — especially racial and ethnic minorities, the elderly, low-income individuals, students, and voters with disabilities.

The Voting Rights Act vests significant authority in the Department of Justice to ensure laws are not implemented in a discriminatory manner. Because of some states' troubling history of voter suppression, any changes in their elections laws are subject to approval — or "pre-clearance" — by the Justice Department under Section 5 of the Voting Rights Act. In jurisdictions not covered by Section 5, the Department must ensure that these laws are implemented in a way that does not discriminate against protected groups in violation of Section 2 of the Voting Rights Act.

Volunteers Needed Statewide: Be a Poll Watcher on August 9th and 16th!

Want to volunteer during the recall elections in a nonpartisan effort? The ACLU of Wisconsin Foundation is asking our poll watchers and volunteers to connect with the League of Women Voters of Wisconsin in their effort to monitor the implementation of new voting restrictions during the upcoming recall elections. Sign up today!

Volunteer with the League of Women Voters
 

Be an Election Observer August 9th and 16th!

Sign up today: 2011 Election Observer Volunteer Form 

at www.lwvwi.org.

 

The Voter ID law was recently signed and parts of it are now in effect. The LWV-WI wants to be sure the law is implemented evenly across the state and does not disenfranchise voters. Working with many non-partisan groups across the state, we are looking for volunteers to be our eyes and ears to report on what happens in the Senate recall elections in August. We will be observing in six recall districts on August 9 and in three recall districts on August 16.

You can find the full list of which Senate districts are facing recall elections on the Government Accountability Board's website. You can find a map of the Wisconsin Senate districts (as of today's blog post on 7/25/2011) online (PDF). 

Anyone can volunteer who:

• Can spend six to seven hours (or all 13 hours) at a polling place in one of the nine state Senate districts with recall election,
• Is willing to participate in a two-hour training session—a webinar—prior to the election,
• Agrees to mail in a report following the election,
• Has access to a cell phone.
• You don't need to be a League member to volunteer.

League of Women Voters will provide:

• Nonpartisan materials that let you know your role, what to look for, what to do if there are problems at the polls,
• Online training,
• A number to call on election day to report problems.

How to Volunteer
Go to the state League’s website, lwvwi.org, and sign up on our 2011 Election Observer Volunteer Form to give us your name, address, cell phone number and the date(s) you would like to observe. We will get back to you about where you are needed and times for online training.



Tell your friends about this opportunity. We need over 1,000 volunteers to cover the nine Senate districts!

 
Questions?
Contact Sharon Munson at 414-358-8393 or sharonsnorkels@hotmail.com
or Dorothy Sherman at 414-425 0127 or dorothy-sherman@sbcglobal.net

Redistricting Is In a Rush: Legislators Must Slow Down As Proposals May Pose Violations of Federal Law

The ACLU of Wisconsin today urged the Wisconsin legislature to slow down the rush to redraw state legislative districts so that affected communities have time to fully review and respond to the proposals. 

Federal law prohibits the drawing of districts that have the effect of diluting minority voting strength.  Determining whether a plan dilutes minority voting strength requires careful consideration of a number of factors and alternative plans.  That analysis cannot be completed on the timeline contemplated by the legislature. 

The important task of redrawing of district lines demands deliberation and public input. Rushing the plan through without thorough analysis creates the risk that an illegal plan will be adopted.

This Eau Claire Leader-Telegram editorial gets is right on why partisans shouldn't draw political maps. Critical editorials were published all over the state by the Appleton Post-Crescent (which had another critical editorial on how the process hurts municipalities), the Oshkosh Northwestern, the Green Bay Press-Gazette, the Beloit Daily News, the Marshfield News Herald, and the Cap Times.

FAQs About Voting in the Summer 2011 Recall and Special Elections in Wisconsin

Frequently Asked Questions About Voting in the summer 2011 Recall and Special Elections in Wisconsin

Do I have to show proof of identification/photo id to vote in recall or special elections this year?

No. The new “Voter Identification Act,” 2011 Wis. Act 23, does not require a voter to present proof of identification to vote until the Spring 2012 primary election and all elections thereafter.

However, election officials will ask voters to present proof of identification at elections prior to the Spring 2012 primary. A person who does not show proof of identification will still be able to vote, but will be given information about the new identification requirements. 2011 Wis. Act 23, § 144(2). There is no requirement that a person give a reason for not presenting proof of identification.

If you choose to show identification at elections this year, poll workers will compare the name on the identification to the name on the poll list to verify that the names “conform” to one another. Names may still “conform,” even if there are small differences, such as presence or absence of a middle initial, use of a shortened version of a first name (such as “Bob” for “Robert”) or variations of upper and lower case letters (such as “Maclane” for “MacLane”). GAB, Polling Place Voting Step-By-Step for All Elections Prior to 2012 February Primary (June 22, 2011). Poll workers will also compare the photograph on the identification to the voter’s appearance to verify that the photograph “reasonably resembles” the voter. ID. For all elections prior to the 2012 February Primary, there is no consequence if election inspectors believe the photo ID does not reasonably resemble the voter. Once photo ID is required in the February 2012 election, election inspectors will be instructed to challenge a voter if they believe a voter does not reasonably resemble the photograph on the identification presented.

I am not registered to vote. Can I register on election day?

Yes. The voter ID law did not change election-day registration. As long as you are at least 18 years of age, a U.S. citizen, have lived at your current address for 28 days, have proof of residence (see below), and are not serving a sentence – including imprisonment, probation, parole or extended supervision – for a felony conviction, you can register at the polls on election day. If you have a current and valid driver license, you will need to provide the license number on the registration form. Wis. Stat. § 6.33(1). If you do not have a current and valid driver license, you will have to provide your Wisconsin state identification card number or the last 4 digits of your social security number. If you do not have a current and valid driver license, state identification card or social security number, you will have to check a box saying you do not have any of these numbers, but you will still be allowed to register. You will also have to provide the location of your two “previous residence immediately before moving to” your current residence. Wis. Stat. § 6.33(1), as amended by 2011 Wis. Act 23, § 30.

I moved to my current address two weeks ago. Can I vote at the polling place for
my new address?

No. The new law requires a person to have lived in a ward or election district for 28 consecutive days prior to the election to be eligible to vote in that ward or district. Wis. Stat. § 6.02(1), as amended by 2011 Wis. Act 23, § 10. If you moved more recently than 28 days from another location in Wisconsin, you may vote at your previous polling place. Wis. Stat. § 602.02(2), as amended by 2011 Wis. Act 23, § 11. If you moved to Wisconsin from another state more recently than 28 days before any election in 2011, you may not vote in that election.

What documents will I need to register?

Any of the following documents are sufficient to prove residence, if they have your first and last name and your current street address:
• Current & valid Wisconsin driver’s license. Wis. Stat. § 6.34(3)(a)1.
• Current & valid Wisconsin state photo identification card. Wis. Stat. § 6.34(3)(a)2.
• An official identification card or license issued by a Wisconsin governmental entity. Wis. Stat. § 6.34(3)(a)3.
• An employer-issued photo identification card (not a business card). Wis. Stat. § 6.34(3)(a)4.
• A university, college or technical college identification card, along with either a receipt for tuition or fees paid within the previous 9 months or a certified list from the college or university of students currently living in student housing who are U.S. citizens. Wis. Stat. § 6.34(3)(a)7., as amended by 2011 Wis. Act 23, § 33m.
• A utility bill that is no more than 90 days old. Wis. Stat. § 6.34(3)(a)8.
• A bank statement. Wis. Stat. § 6.34(3)(a)9.
• A property tax bill or receipt from the past year. Wis. Stat. § 6.34(3)(a)5.
• A current residential lease in effect on election day. Wis. Stat. § 6.34(3)(a)6.
• A paycheck. Wis. Stat. § 6.34(3)(a)10.
• A check or other document issued by a unit of government. Wis. Stat. § 6.34(3)(a)11.3

Documents like credit card bills, collection notices, magazine subscriptions, personal mail and mail solicitations do not qualify for proof of residence.

I don’t have any of the documents for proving residence that are in my name. Can I have someone vouch for where I live?

No. Until the voter ID law passed, another eligible voter from your municipality who knew where you lived could “corroborate” your residence by signing a statement confirming where you live. The new law eliminates corroboration as proof of residence. See 2011 Wis. Act 23, § 17, amending Wis. Stat. § 6.15(2)(d)1r.

I heard that I will have to sign the poll list when I vote. Is that true?

Yes. If you are registered to vote before Election Day, there will be a box on the poll list for your signature. Wis. Stat. § 6.79(2)(a), as amended by 2011 Wis. Act 23, § 45. If you are unable to sign because of a disability, you can get an exemption from the signature requirement.

My signature changes all the time. Will the poll workers let me vote if my signature doesn’t look like it did when I registered?

Yes. The law does not require election officials to compare your signature on the poll list to the signature on your registration, the signature on your proof of identification or residency or to any other signature.

Can I vote in person before Election Day?

Yes. You can vote an in-person absentee ballot at your municipal clerk’s office or, in the City of Milwaukee, at the Election Commission Office starting the 3rd Monday before Election Day until 5 p.m. the Friday before Election Day. Wis. Stat. § 6.86(1)(b), as amended by 2011 Wis. Act 23, § 57. When you vote before Election Day in this way, your ballot is set aside for counting with other absentee ballots on Election Day. As with voting on Election Day, you will be asked, but not required, to show photo identification when you vote in person absentee in 2011. GAB, Major Impacts of the New Voter Photo ID Bill: Changes to the Election Process Effective Immediately at 3 (June 20, 2011). If you have not already registered, you may also register at the municipal clerk’s office before voting in person absentee. Wis. Stat. § 6.29(2)(a), as amended by 2011 Wis. Act 23, § 29.

Can I vote by mail?

Yes, you can cast an absentee ballot by mail. You can request an absentee ballot from the municipal clerk or election commission by mail, email or facsimile. Wis. Stat. § 6.86(1)(a). The application must be received by the municipal clerk no later than 5 p.m. the Thursday before the election. Wis. Stat. § 6.86(1)(b), as amended by 2011 Wis. Act 4 23, § 57. Municipal clerks will begin accepting in person applications for absentee ballots no earlier than the third Monday before the election. Id.

You may either vote the absentee ballot in the clerk’s office, or the clerk can mail it to you. If you request, the clerk must also send the ballot by email or facsimile. Wis. Stat. § 6.87(3)(d), as amended by 2011 Wis. Act 23, § 65.

You must return the completed ballot to the municipal clerk or election commission in a properly completed ballot envelope. The envelope will have a certification, which the voter and a witness (who is an adult U.S. citizen) must sign. Wis. Stat. § 6.87(2) & (4)(b)1., as amended by 2011 Wis. Act 23, § 66. The absentee ballot must be received by the clerk or election commission no later than 8 p.m. on election day. Wis. Stat. § 6.87(6). You can return the ballot in person or by mail, but remember that if you send it by mail it must arrive (not just be postmarked) by 8 p.m. on election day.

You must be registered in order to vote absentee, but you can register in person at the clerk’s office when you submit a request for an absentee ballot. You can also register by mail, but your registration must be postmarked no later than the third Wednesday before the election. Wis. Stat. § 6.28(1). You will not be sent an absentee ballot until you are registered and submit an absentee ballot request.

This document only deals with elections in 2011. When the voter identification requirement takes effect next year, a number of other questions will arise. Election Protection will produce a revised FAQ prior to elections in 2012.

Recounts Shed Light on Elections Process

In light of this afternoon’s request by the Kloppenburg campaign for a recount in the Supreme Court election, the American Civil Liberties Union of Wisconsin affirms the right of candidates to pursue recounts as state law allows. The ACLU traditionally does not call for or participate in recounts. However we believe that recounts can shed welcome light on the electoral process and give Wisconsin voters confidence in the results of elections and municipal procedures.

“Wisconsin should be proud of how we conduct elections,” said ACLU of Wisconsin Executive Director Christopher Ahmuty. “Our state election officials have emphasized transparency and consistency in election procedures. They have the experience in conducting recounts in close elections on the local level and we expect they will ensure that any recount is conducted properly.”

Unfortunately irregularities in reporting occurred in Waukesha County and led to inquiries by the Government Accountability Board. After an investigation, the GAB reported that they were satisfied that the final vote totals matched the vote totals reported by the municipalities. The GAB looked at vote totals from the county since 2006 and is planning to release a more comprehensive report on what happened in Waukesha County.

“Waukesha County’s reporting system appears to have been flawed,” said Ahmuty. “That system has lead voters across the state to mistrust the accuracy of the results. The reporting controversy in Waukesha County clearly illustrates the importance of having transparent and accountable election procedures. The ACLU of Wisconsin looks forward to the GAB’s final report and we hope municipalities across the state will review their reporting rules to prevent reoccurrences of the events that marred the reporting in Waukesha.”

The Government Accountability Board said today that they are prepared to move forward with the recount. The recount procedures manual is available online. While critics of the call for a recount say that the race wasn't close enough to merit a recount and that the action would be frivolous, the recount is within the legal guidelines (a margin within one half of one percent) and is the right of candidates to request one.

For an explanation of how a recount works, Attorney Rebecca Mason gives Wisconsin Bar blog readers a quick rundown of the state statutes. Mason outlines what happens in a recount, why a recount is the first needed step before court action, the difference between the Election Day preliminary results and the day-after’s canvass in each county and how it is up to the campaigns during the recount to collect evidence of voting irregularities for court action.

Election Day - Photo ID NOT Required (yet...)

The American Civil Liberties Union of Wisconsin would like to remind voters that they don’t have to show a photo ID to vote on Election Day, Tuesday April 5.

Though photo ID is not required to vote in Tuesday’s election, voters across the state may be confused about current voting laws due to a proposal before the legislature (SB 6) that if passed would require eligible voters to show one of a limited number of state-issued photo identification documents each time they vote.

“First we hope that confusion about the proposed law doesn’t keep eligible voters without a current ID from exercising their right to elect officials on Tuesday,” said ACLU of Wisconsin Associate Director Renee Shavers. “But further, people should know there is still time to voice their opposition to photo ID requirements for voting.” The Government Accountability Board issued a statement Monday that also reminded voters that ID was not required for the upcoming Election Day.

The Wisconsin Department of Transportation estimates that if the proposed law were passed, it could cost the state nearly $3 million dollars in training, equipment, materials and lost revenues from a requirement to provide free identification. The Government Accountability Board estimates that over $2.3 million dollars would be needed to update databases, forms, provide voter education, poll worker training and other costs associated with major changes in voting rights laws (find more on the bill’s fiscal estimate online).

Also, the Department of Transportation estimates that about 20% of Wisconsin’s eligible voters do not have a state-issued photo ID. Citizens who tend not to have current photo identification include a disproportionate number of people of color as well as the elderly, people with disabilities, those who rely on public transportation, and mobile populations such as college students. The ACLU of Wisconsin opposes SB 6 because it would restrict the free and fair voting rights of eligible voters while having a discriminatory effect on minorities. Read more about our opposition to voter ID on our blog.

“When our state has such a long history of free and open elections, we need to work to make sure every citizen has the right to vote, no matter what’s in their wallets,” said Shavers.

The ACLU of Wisconsin has information on the right to vote (including people who have had criminal convictions) at aclu-wi.org. Please contact the Milwaukee or Madison office if you have complaints about voter access at your local polling place on Election Day.

Voter ID Law Would Disenfranchise Citizens, Not Fix Illegal Votes

The new session of the Wisconsin Legislature has barely begun and legislators are pushing a bill that will require all voters to present a government-issued photo ID every time they go to the polls. The bill (Senate Bill 6 - PDF) will have a public hearing this Wednesday, January 26.

Vote Fraud is a Myth
The American Civil Liberties Union of Wisconsin will be there to speak out against an attempt to treat all voters as potential crooks rather than as citizens in a democracy with free and fair access to cast their ballot.

Proponents of this measure exaggerate the instances of illegal votes cast in Wisconsin. Despite considerable resources spent to prosecute vote fraud in recent years, only 18 cases of substantiated illegal voting led to convictions. None of the cases would be avoided by requiring a photo ID to vote at the polls on Election Day. To the extent that a small number of felons on probation or parole who are ineligible to vote may cast ballots, this measure will not stop them from voting because they have or may get photo IDs.

For more information on the debunked allegations of voter fraud in Wisconsin, see the Brennan Center for Justice report, "The Truth About Voter Fraud."

SB 6 Will Disenfranchise Minority Voters
The ACLU of Wisconsin opposes the proposal because it would place a significant barrier to voting rights would have a discriminatory effect on minority voters. Citizens who tend not to have current or state-issued photo identification include people of color as well as the elderly, people with disabilities, those who rely on public transportation, and mobile populations such as college students. This is an unconstitutional burden on the fundamental right and freedom to vote.

Even if the bill allows for individuals to obtain government-issued photo identification free of charge, the documents required for qualification for an ID often cost money and take time to obtain (see the state DMV's website on the documents generally needed to acquire an ID card and specifically those required for proof of identity). Additional barriers can be experienced by citizens who face the circular challenge of obtaining documents for their photo ID when a photo ID is required to obtain documents. When individuals, especially low-income workers and those who rely on public transportation face the costs of taking time off of work, traveling to motor vehicle departments with limited locations and hours and paying fees for certified documents to obtain a photo ID simply for the freedom to vote, the ACLU of Wisconsin pledges to act on behalf of those disenfranchised by the proposed law.

The ACLU has opposed these deeply flawed laws in other states. But the law as proposed in Wisconsin is the worst and most restrictive we've ever seen. To deny potentially thousands of voters the right to freely cast a ballot to fix a non-existent problem is unconscionable in a free society.

Other Opinions About the Proposed Law
The Milwaukee Journal Sentinel issued an editorial against voter ID along with many suggestions of how the law would have to be fixed in order to avoid significant disenfranchisement. The Capitol Times took a stand against fast-tracking the bill and Dave Zwiefel said the law was a solution in search of a problem. There was also a cautious editorial from the Oshkhosh Northwestern. The League of Women Voters has issued a statement against the law. On student rights and voter ID, the Huffington Post featured this opinion from a Rock the Vote field director. And the Journal Sentinel's Craig Gilbert discusses the photo ID issue along with problems with the proposal to eliminate another Wisconsin voting rights institution, Election-Day registration.

Why Photo ID at the Polls is Bad for Voters - Stories from Indiana

Media reports are saying that incoming legislators want a voter photo identification requirement bill to be top priority next year. It's unfortunate that legislators who coasted to victory on a platform emphasizing economic development would first want to pass a law requiring a government-issued photo ID card at the polls, a barrier that would most likely impact low-income people. Perhaps the votes of those with the greatest need for economic salvation aren't that valuable to next year's leaders.

Originally posted on the national ACLU's Blog of Rights, this story illustrates exactly why photo ID at the polls is a problem. We give you the example of Indiana:

"Voting rights cases extol the right to vote as fundamental and preservative of all rights. Indeed, the right to vote without regard to race, gender, age, or class is protected by numerous constitutional amendments and federal laws. Therefore, Indiana's voter identification law departed from well-established constitutional principles when it required voters to possess a valid, current government-issued photo identification in order to cast a ballot on this past Election Day. After a long partisan battle, Indiana imposed new burdens on minorities, women, students, the elderly and the poor.

"In Crawford v. Marion County, the Supreme Court upheld Indiana's voter ID law, ignoring the plight of a 78-year-old Ft. Wayne woman who attempted to get a photo ID. After three separate trips to the Bureau of Motor Vehicles over several weeks and finally obtaining a certified birth certificate, she was turned away because her birth certificate contained only her maiden name. The law also denied ballots to elderly nuns in South Bend, who were turned away solely because they lacked photo ID. Students from the University of Notre Dame were denied ballots because their student IDs lacked an expiration date and their driver's licenses were out-of-state. They were told they could only vote absentee, while those who possessed Indiana-approved ID were able to go to the polls on Election Day. Instead of treating these voters' ballots as necessary parts of our democracy that preserve all other rights, their denial was characterized as minor collateral damage in the battle to prevent unsubstantiated voter impersonation.

"While the Supreme Court held the state photo ID requirement did not violate federal law, the Indiana Court of Appeals found it violated the Equal Privileges and Immunities Clause of the state constitution because it unjustifiably exempted select groups — absentee voters and voters living in state-licensed care facilities — from having to comply with the law.

"Now the Supreme Court of Indiana has an opportunity to affirm that discriminating against citizens at the polls violates the Indiana Constitution. On Monday, the ACLU's Voting Rights Project filed an amicus brief encouraging the Supreme Court of Indiana to see these injustices and restore equal rights to all of Indiana's voters."

In Wisconsin, your driver's license number helps the state match you to your registration information. But if you aren't licensed to drive in this state, there are other ways you can prove your identity such as using a state ID number or the last four digits of your social security number. You can even bring a voting neighbor to vouch for you.

The idea of a democracy is that every citizen of age gets a vote. Everyone. Not just everyone who can drive. Not just everyone who hasn't lost a birth certificate to a house fire or when fleeing domestic violence. Not just everyone who isn't a student or who isn't elderly or disabled. We should oppose photo ID at the polls in Wisconsin and maintain the integrity of voter access in our state.

VOTE: Your Rights at the Polls on Election Day in Wisconsin

Each individual’s right to vote is the foundation of our democracy. The American Civil Liberties Union of Wisconsin wants all eligible voters to exercise their full right to vote on Election Day. Report problems to 866-OUR-VOTE, contact the ACLU of Wisconsin or tweet a report on your polling place to @ACLUofWisconsin or @ACLUMadison.

Before heading to the polls, be sure to check vpa.wi.gov to locate your polling place and verify that you are registered. For answers to more frequently asked questions, download the ACLU of Wisconsin’s Voter Empowerment Card or our mini flier on voting for those with criminal convictions.

Learn more about what the ACLU is doing to inform voters about their voting rights across the country.

Wisconsin:
Download the ACLU’s Wisconsin Voter Empowerment Card (PDF)

Download the ACLU’s Facts Flier on Voting with Criminal Convictions (PDF)

Mobile version for your smartphone

Voting Rights: Unfinished Business on the Anniversary of the Voting Rights Act

Today is the 45th anniversary of the passage of the National Voting Rights Act of 1965. Until the height of the civil rights movement, state voting laws allowed discriminatory practices like poll taxes, “literacy” tests and grandfather clauses. Additionally Jim Crow segregation and even intimidation and violence led to the systemic disenfranchisement of African American voters.

The National Voting Rights Act helped to return voting rights to how the 15th Amendment of the Constitution read: “the right of U.S. citizens to vote shall not be denied or abridged … on account of race or color.” By trumping the state laws that had a grossly discriminatory effect of African American voter disfranchisement, the Voting Rights Act was a major step forward for the civil rights movement and taught our country that barriers to voting are unconstitutional.

But as we look back at the history of this landmark legislation, we must remember that there is unfinished business in the area of voting rights. One holdover from the days of Jim Crow laws is the idea that citizens who commit felonies should be denied their right to vote. The American public is still split on this issue and some still support the idea of taking away voting rights as a form of "civil death" as a fair part of punishment.

However it must be said that America is doing an excellent job of putting people behind bars since we have the highest incarceration rates in the world. And Wisconsin is among our country’s leaders for disproportionate imprisonment of people of color. Punitive trends started with Reagan’s War on Drugs, led to “truth in sentencing” and today politicians emphasize incarceration and harsh sentences for even non-violent drug offenses. Add in racial profiling and a systemic imbalance on how sentences are meted out in court rooms across the country and the truth is simple: we are locking up more people of color than ever before.

In Wisconsin, our state law says that people with felony convictions cannot vote until they have served time behind bars as well as completed probation and parole. Our state’s disproportionate minority incarceration means that minority voters on probation and parole in our communities are working and paying taxes but remain locked out of the voting booth.

The ACLU of Wisconsin and the Restore the Vote coalition worked hard this year to convince our state legislators that the time is now to change our state law to allow voting access for every citizen who is not incarcerated. Meanwhile state laws and court decisions across the country are moving toward making ex-felon disfranchisement a thing of the past. Wisconsin shouldn’t wait for the courts or Congress to restore the vote to those who are no longer incarcerated.

For more on this topic, check out Linda Greenhouse’s opinion piece in the New York Times from last week where she describes who goes to prison, why the racial imbalance of those who are incarcerated combined with felon disfranchisement has a discriminatory result, and how this issue has the attention of the Supreme Court and the Obama Administration. Greenhouse is a Yale Law professor, an expert on SCOTUS and a Pulitzer Prize winning writer.

For news from around the country on the work of the ACLU to secure voting rights for those who are no longer incarcerated, visit our national website.

Racine! Come Out to the Advancing Voting Rights Event on Saturday

Racine - here's an opportunity to hear from Renee Shavers Crawford of the ACLU of Wisconsin and Craig Oliver from the Racine NAACP talk about how to advance voting rights in our state.

Hosted by Community for Change
Saturday, Feb 6, 2010 (9:30 AM) at Hopes Center
506 Sixth Street, Racine, WI Google Yahoo Mapquest
554-7669 communityforchange@gmail.com
communityforchange.com

Should Felons Be Allowed to Vote? Yes Says Conservative Waukesha Blogger

Reposted from the Wigderson Library & Pub blog and published on January 14, 2010 in the Waukesha Freeman opinion page. Wigderson has been maintaining his conservative blog on local and state politics since 2004 and has been a guest commentator on greater Milwaukee radio and television shows.

Should felons be allowed to vote?
We’re in another election cycle, and I’m in training. I am asking everyone I know about the candidates, talking to the professionals, reading the Web sites, and getting antsy waiting for the first campaign finance reports. It is a fun time to be a political writer.

Unfortunately, for far too many of us, elections are just another day on the calendar. Worse, they are just days that remind them that while society pretends these people should be among us, they are really secondclass citizens.

Over 42,000 Wisconsinites will not be allowed to vote this spring. They are not illegal aliens. They are not underage. They are not in prison.

They are people who were convicted of felonies, but are now free. If, as a condition of their release, they remain under the state’s supervision, such as probation or parole, they are not eligible to vote. They are free in most respects, but not in the most fundamental way.

In the state Legislature right now is a bill that would grant these freed felons the right to vote in Wisconsin, the same right in at least 18 other states. Supporters of the bill are trying to round up the necessary votes to win.

It should not be that difficult. After all, the Democrats are in control of both legislative chambers. But there are some Democrats who fear what their Republican opponents will do with this issue in October and November.

Some Republican legislators, too, are willing to give the idea a chance. But they have legitimate concerns about whether it is proper to allow felons to vote, even if they are not in state custody.

From a practical point of view, we need to ask ourselves if it’s really worth it to prosecute someone for doing what we tell the rest of our citizens is the responsible thing to do.

The state of Wisconsin spent $22 million on a voter database. Trying to match the list to the list of released felons ineligible to vote proved nearly impossible, with election officials resorting to unreliable paper lists to try to keep felons from voting.

If someone is actually caught, the case is then referred to the district attorney for prosecution. At a time when the state is cutting back on staff in district attorney offices, do we really want them to put this as a priority? Or would we rather have them spend more time prosecuting real criminals?

Yes, I can hear the critics already. “But it’s vote fraud. Of course the DAs should make it a priority.”

Is it really vote fraud? Fraud would imply an attempt to deceive for personal gain. Our situation, that of a felon trying to be a responsible member of society by casting a ballot, to gain a stake in the direction of our society, is hardly fraud.

Fraud would be the alleged stuffing of the voter rolls by groups like ACORN. Fraud would be the cases where someone might vote two or three times. These are actions that diminish the legitimate votes and harm democracy.

Asking a felon to vote does not diminish legitimate votes. Asking someone who is no longer incarcerated by the state to vote does not harm democracy. Asking a felon to vote only makes that person a better, more responsible citizen.

We know that in those states where we can measure the progress of felons that do vote they are half as likely to re-offend. We can argue the cause and effect, but there is a relationship, and we would be fools not to recognize it and take advantage.

Democrats in the legislature are debating whether they have the votes to pass the voting rights bill. Admittedly, the timing is terrible, as the first prisoners are coming out now under the early release program. Nobody wants to be seen as soft on crime.

However, it appears that they are close to having enough support to put the bill on the legislative agenda. If that happens, Wisconsin Republicans should remember 14 Republican governors have already allowed this change in their states. Republicans can support the change in the law here, too.

James Wigderson is a blogger publishing at and a Waukesha resident. His column runs Thursdays in The Freeman.

Felon Disfranchisement is Voting Rights Violation - Appeals Court Says Justice System "Infected" With Racism

There is news in the area of voting rights for formerly incarcerated people. On January 5th, the U.S. Court of Appeals for the Ninth Circuit ruled that felon disfranchisement is a direct violation of Section 2 of the Voting Rights Act. The court case, Farrakhan v. Gregoire, overturned previous court decisions on barring ex-felons from voting as judges said that the vast racial disparities in the criminal justice system in the State of Washington were a significant, institutional barrier to the right to vote for people of color.

The ACLU filed an amicus brief in the case because in the state of Washington, as well as in Wisconsin and around the country, taking away a citizen’s right to vote based on a past conviction has a racially discriminatory effect in a system that locks up a disproportionate number of minorities.

The court found among many other things that the state of Washington's criminal justice system was "infected" with racial discrimination. That’s a strong statement. The numbers of disproportionate minority incarceration don’t lie: In Washington, three percent of the population is African American, but 29% of their offenders are black. In Wisconsin, around five percent of our population is African American while 39% of our offenders are black.

Worst case scenarios are in Kentucky and Virginia where people never get their right to vote back, even after finishing their parole and probation. The ACLU of Virginia was among the organizations that demonstrated this week and called for an executive order to end the discriminatory policy.

The reasons for disproportionate minority incarceration are complicated, but denying ex-felons the right to vote is un-American and anti-democratic. Plain and simple. You can read the court’s opinion and you can find the ACLU amicus brief online. The ruling got some coverage in the Seattle Times and in the Seattle PI.

Our Wisconsin state legislature will start its January session on the 19th and it is a good time to remind them about how important this issue is for voting rights in our state. Call your state legislator today and remind them why the Wisconsin Democracy Restoration Act needs to be passed immediately. If you would like to volunteer for this issue, contact the ACLU of Wisconsin. Find out more about the ACLU's work on voting rights.

Call TODAY for voting rights in Wisconsin!

All legislators in the state Assembly (Republicans AND Democrats) need to hear from their constituents by Thursday, October 29th at noon on the Wisconsin Democracy Restoration Act. Voters who demand that they vote YES for AB 353 could help the bill get a floor vote this session and restore voting rights to over 42,000 Wisconsin citizens.

It’s this simple: It comes down to you making one phone call or sending one email.

CALL YOUR ASSEMBLY REPRESENTATIVE NOW and tell them:

“I am your constituent and I support AB353 the Wisconsin Democracy Restoration Act. I want you to vote YES and restore the vote in Wisconsin!”

Find your Assembly representative at the Who Are My Legislators? website

Some important things to know about the legislation:

- Wisconsin law bars individuals with felony convictions from voting while incarcerated and while on probation, parole or extended supervision. The Wisconsin State Legislature is currently considering legislation, known as the Wisconsin Democracy Restoration Act, that would restore the right to vote to individuals upon release from incarceration. This law would enfranchise the over 42,000 Wisconsin citizens who live in the community, work and pay taxes but are unable to participate in the political process.

- Disfranchisement is unfair and un-American. Over 42,000 Wisconsin citizens living, working, raising families and paying taxes in Wisconsin are barred from voting due to a past felony conviction.

- Disfranchisement perpetuates Jim Crow in Wisconsin. Racial disparities in Wisconsin’s criminal justice system mean that 1 in 9 African Americans in Wisconsin cannot vote compared to 1 in 50 of all Wisconsin citizens.

- Voting may make us safer. Studies show that ex-offenders who do not vote re-offend at a rate of 27%, ex-offenders who vote re-offend at a rate of 12%.

- Wisconsin voters support enfranchisement. A May 2009 poll showed that 57% of Wisconsinites support automatic, post-sentence enfranchisement.

- We need to simplify the voting process and save taxpayer dollars. Enfranchising people upon release from incarceration streamlines the restoration process, conserves government resources and saves taxpayer dollars.

- Wisconsin has more restrictive felony disfranchisement laws than 20 other states, including neighboring Michigan, Illinois, Indiana, Ohio and Pennsylvania.

CALL YOUR ASSEMBLY REPRESENTATIVE NOW!

Wanna do more?
Call your State Senator as well and forward this to 5 friends!

News roundup: more support for voting rights, postponed Kenosha cursing decision and more

A news round up from the week – good civil liberties articles and issues you don’t want to miss!

Voting Rights
Rep. Joseph Parisi made a supportive statement about the committee hearing for the Wisconsin Democracy Restoration Act bill. His comments on how racial bias in the criminal justice system disfranchises a larger amount of people of color gives good support for the bill. The Capital Times had a supportive editorial and the On Milwaukee blog gave it a shout out.

Free Speech
ACLU of Wisconsin board member and law professor Jon Marshall was interviewed on a Fox 6 news report on the proposed Kenosha cursing ticket ordinance. The Kenosha City Council decided to postpone their vote. The ACLU of Wisconsin continues to urge them to drop the proposal.

There were also articles in the Madison Isthmus on the police crackdown on selling political newspapers on State St. as well as a Green Bay Press Gazette editorial questioning the timing of a park gun ban so soon after a man carried his firearm as a public statement of Second Amendment rights. And did you catch the news about the Wisconsin Representative who wants the legislature to advise journalists to stop calling H1N1 influenza the "swine" flu?

Milwaukee Examiner blog features story about a biker from Hudson, WI who is biking across the country for charity. He brought attention to the West Bend book banning controversy and the Examiner blog post has some fun facts about Banned Books Week. Celebrate Banned Books Week this month in Wisconsin.

Domestic Partnerships
The Cap Times had a scorcher of an opinion piece on the political motivations for Attorney General Van Hollen to not represent the state in the challenge against the new statewide domestic partnership registry and benefits. The Duluth News Tribune had a similar article with an overview of the AG's opinions in the course of his tenure. The ACLU of Wisconsin also sent out a Tweet earlier this week on the legal opinion from UW Law School professor David Schwartz which described how the registry and benefits are Constitutional.

Census
There was an article on madison.com on how non-profit organizations are lining up to help people understand more about their participation in the Census. There was also a timeline on what to expect. While their is a national organization urging immigrants to not participate in the Census, Wisconsin immigrant rights groups are underscoring the need and the benefits of full participation of everyone in our community.

News roundup: voting rights bill gathers momentum, update on DP registry challenge

A news round up from the week – good civil liberties articles and issues you don’t want to miss!

LGBT Rights
The Governor is hiring an outside council to represent the state in the challenge to the domestic partner registry. Lester Pines has represented the state before, most recently in the challenge against the Attorney General’s plan to make the Government Accountability Board purge the voter rolls before the 2008 elections.

Also, don’t get too confused as there is another challenge still pending. This one against the language of the ballot question itself. That hearing is set for November of this year.

Voting Rights
The ACLU of Wisconsin was a part of the hearings for AB 353, a bill that would restore voting rights to felons who are no longer incarcerated and are now living in our communities. The bill made the issues section of the Wisconsin State Journal and there was a supportive letter to the editor. The hearing got some media hits including on WPR headlines, a clip on the Wisconsin Radio Network site.

It’s difficult to find organizations that oppose this common sense voting rights measure. But the Attorney General made a statement against it. Read more about the issue and write your own letter to the editor of your local paper.

News roundup: ACLU weighs in on Tasers in Madison, returning prisoners and voting rights, upside-down flag case gets more press

Here’s a quick wrap-up of some civil liberties related news of the week…

Police Practices
ACLU of Wisconsin legal director quoted in Cap Times article on Taser use by Madison police.

Criminal Justice
Here’s a nice article in the Wisconsin State Journal about Madison-area support groups for returning prisoners. While we are working with a large coalition on important voting rights reform in Wisconsin, this is a good reminder about the barriers people face when trying to integrate back into society after incarceration.

Free Speech
We’re taking the case for the guy in Crivitz, WI who had his upside-down flag removed by police after community complaints. A Green Bay NBC-26 website shares some hostile emails between the DA and a constituent upset by the DA’s role in the flag issue. The news got a mention in On Milwaukee and on the TMJ-4 Milwaukee station website.

And the web is all atwitter about the Kenosha curse word issue. Did you catch our post earlier today? The news also gets attention on the Examiner Milwaukee blog. Share the Cap City Liberty blog post with your friends by clicking on the "share" button at the end of the section.

News roundup: fair housing victory, NIMBY on detainees, blogging on profiling and more

Here’s a quick wrap-up of some civil liberties related news of the week…

Fair Housing
The ACLU of Wisconsin won a court case against the city of South Milwaukee to prevent the razing of an apartment building that housed a large portion of the city’s minority population. More details to come.

Close Guantanamo
Last month, some legislators introduced a bill to reject any Gitmo detainees from being housed in Wisconsin jails. It’s a move that legislators are attempting across the country to stir debate about terrorism, even though we already have many convicted terrorists behind bars on US soil (remember the perps from the 1993 World Trade Center bombing? Oklahoma City fed building bombing? Even Sept. 11 conspirator Zacarias Moussaoui is in Colorado). But this week, the Obama Administration was talking about the complexity of dealing with the often-uncharged detainees and that they might try to build a courthouse/supermax combo in Michigan or Kansas.

If you haven’t already, tell President Obama to reject indefinite detention and close Guantanamo asap.

Census and Redistricting
Census folks have been out in neighborhoods to confirm addresses since the spring, but the big count won’t happen until 2010. One of the big questions will be around how the count of prisoners will be used in future redistricting of politicans’ turf. A timely op-ed from the NY Times describes why counting prisoners where they are incarcerated makes redistricting complicated and unbalanced. Our own Wisconsin state legislators will be talking about Assembly Joint Resolution 63 which would exclude the census’ prisoner count from redistricting plans. The hearing will be on September 3.

Voting Rights
Senator Russ Feingold helped to introduce legislation at the federal level to end discrimination in voting rights against people with felony convictions. This interesting article gives the perspective from the southern states and describes why this voting rights issue echoes the long history of both Jim Crow and the prison industrial complex.

Response to the Wisconsin Democracy Restoration bill has been good. A large coalition of organizations is behind it and to date we have only found two blog posts against it (one from Sen. Mary Lazich and another from the same folks who brought complaints about gay and lesbian books in the West Bend community library.

Speaking of voting, did you get a letter from the Government Accountability Board about your voter registration status? They are cleaning up their databases. See your city clerk to get your info updated.

Racial Profiling
Opinions are mixed about the new seat belt/racial data collection item the budget the Governor signed last month. The Wisconsin Department of Transportation cited the new law that would give police the power to pull drivers over for not wearing a seat belt as a reason for record-low traffic fatalities in July. However, the Milwaukee County Sheriff is blogging about how the racial profiling data collection is a tool of exploitation by “race hustlers” and that ACLU has nothing better to do than to sue police.

Sheriff Clarke might have missed the report and recommendations issued last year by the Office of Justice Assistance and the Governor’s Commission on Reducing Racial Disparities in the Wisconsin Justice System. The commission included police, corrections and housing experts, judges, lawyers, academics, community and faith leaders. The report strongly recommended that “throughout the state, we must increase and improve the validity and reliability of data, e.g. collecting and making data available,” and that “appropriate state agencies should be directed to conduct a county-by-county baseline study of racial disparity using existing traffic citation and arrest data to determine (racial) disparity levels in the state.” The report is supposed to be a blueprint for effectively addressing our disproportionate minority incarceration rate in our state.

The reality is that racial profiling is one slice of the pie that makes Wisconsin one of the worst states for putting people of color behind bars. Anyone could suggest that a Governor's commission and an OJA report is politically motivated. But disproportionate minority contact by law enforcement is a systemic problem. A systemic problem is bigger than a few racist cops. A systemic problem is bigger than one sheriff who feels politically targeted. And a systemic problem needs a systemic analysis. Buckle up drivers!

Gay and Lesbian Rights
The domestic partner registry began this week. In Dane County, 50 couples registered on the first day. County clerks had geared up for lines of couples waiting to register. While the Cap Times article says that applying for the registry has the same process as getting a marriage license, both the state Legislative Council and the ACLU of Wisconsin said that the registry does not equate marriage.

But organizations like the “Wisconsin Family Action” are still insisting that the domestic partnership provisions are “marriage-like” and have filed a complaint with the Wisconsin Supreme Court. The ACLU of Wisconsin has committed to fighting a legal challenge to domestic partnerships in the state.

Our legislators in both DC and Wisconsin are leading on voting rights

On Friday, July 24, Wisconsin Senator Russ Feingold and Congressman John Conyers introduced federal legislation to restore the right to vote to ex-offenders immediately upon release into their communities nationwide. This legislation called the Democracy Restoration Act (DRA) is similar to the Wisconsin Democracy Restoration Act (WDRA) introduced last week by State Senator Lena Taylor, State Assembly Rep Tamara Grigsby and 16 other state senators and assembly representatives across the state.

The Restore the Vote Wisconsin NOW! Coalition supports this important voting rights legislation along with over 70 labor, voting rights, corrections, law enforcement, faith and community organizations in Wisconsin and nationally. We are working to restore the right to vote to people who have been deemed safe to return to our communities to work, go to school, raise families and pay taxes while they reintegrate into society.

In Wisconsin, people with felony convictions are not allowed to vote after they are released from incarceration. Once "off paper," or when they are finished with all probation and parole, these citizens can then register. It is estimated that over 62,000 citizens in Wisconsin cannot vote: only 39% of them are still behind bars while 40% are on probation and 21% are on parole. See how Wisconsin compares to other states' policies.

Nationally, each state sets its own voting restrictions and thus each state has a spectrum of rules on how people with past felony convictions can vote. Virginia and Kentucky take voting rights away permanently, while Maine and Vermont allow people with felony convictions to vote even while they are still incarcerated. With a lack of consistency in eliminating discrimination based on conviction record, the Democracy Restoration Act is needed to eliminate the confusion and misinformation that often happens around Election Day. An estimated 5.3 million citizens cannot vote as a result of felony convictions, and nearly 4 million of those individuals are living and working in their communities.

“The Democracy Restoration Act is necessary to restore the voting rights of millions of American citizens who have had their right to vote revoked because of a past felony conviction," said Deborah Vagins, national ACLU Legislative Council. "These citizens work, pay taxes, live in our communities and bring up families, yet they are without a voice.

“Worse still, felony disfranchisement laws are rooted in the Jim Crow era and were intended to bar minorities from voting. To this day, they continue to have a disproportionate impact on minority communities. Moreover, revoking the right to vote for millions of citizens is not only undemocratic, it is counterproductive to the rehabilitation and reintegration into society of those released from prison.”

Get a copy of the ACLU's factsheet on the Democracy Restoration Act. You can also find more information on felon disfranchisement in the co-authored ACLU and Brennan Center report.

For more information on the Democracy Restoration Act or the Wisconsin DRA or the Restore the Vote WI NOW! Coalition, please contact Renee Crawford, rcrawford@restorethevotewi.org or (414) 331-8907

Restore the Vote Now - Wisconsin "Democracy Restoration Act" would end taxation without representation

The Restore the Vote Wisconsin NOW! Coalition announced on July 3 the circulation of an important voting rights bill in our state legislature and encourages legislators from both sides to the aisle to co-sponsor it. The Wisconsin Democracy Restoration Act will enfranchise more than 42,000 Wisconsin citizens who live, work, go to school, raise families and pay taxes in our communities.


“Without a vote, citizens have no voice," said Sheila Cochran, President of the Milwaukee County Labor Council/AFL-CIO. "Encouraging active participation in our democratic society is an essential part of the reentry process for ex-offenders returning to their home communities. The exercise of that responsibility to society can foster safer communities for all of us.”

The Restore the Vote Now coalition is a group of over 70 organizations who have committed to public education and direct action to restore the right to vote in Wisconsin. Nationally, voting rights for people with felony convictions are being restored on a bi-partisan basis as state legislatures and governors increasingly recognize the discriminatory implications of denying any US citizen voting rights. In Wisconsin, the Restore the Vote Wisconsin NOW! (RTV-WIN!) coalition has brought together citizens, civil rights, law enforcement, labor, faith and community organizations groups committed to working for fairness and the fundamentally American right and responsibility to cast a ballot.

“The Restore the Vote Wisconsin NOW! coalition will be encouraging legislators to sign onto and quickly pass this important and timely bill,” said Renee Crawford, Associate Director of the ACLU of Wisconsin and coalition organizer. “On the day we celebrate our independence, we also thank the State Senator Lena Taylor and State Assembly Representative Tamara Grigsby for their patriotic legislation to end taxation without representation for 42,000 Wisconsin citizens.”

For more info on the RTV-WIN Coalition including a list of the more than 70 organizations who have signed onto the coalition, go to www.restorethevotewi.org. For more information about the work of the ACLU to restore voting rights to ex-offenders, please visit the national ACLU voting rights page.