Judge orders Wisconsin to explain voting credentials process

A federal judge ordered Wisconsin transportation officials Thursday to immediately produce documents clearly explaining how people who lack a photo ID can obtain voting credentials, and to perform checks to ensure field workers are giving applicants correct information about the process.

U.S. District Judge James Peterson refused to invalidate the state's entire voter ID law, as a liberal advocacy group had asked. He said he lacks the authority to do so because the 7th U.S. Circuit Court of Appeals has upheld it, and he expressed reluctance to make sweeping changes so close to the Nov. 8 election.

Peterson's order came in the wake of media reports showing Division of Motor Vehicles workers have been giving credential applicants inaccurate information about the process. Liberal advocacy group One Wisconsin Institute filed a motion with Peterson earlier this month alleging that the misinformation violated his July 29 order that the DOT must clarify a process that he labeled "a wretched failure."

Peterson repeated that characterization on Thursday and added, "What we're doing here it patching it up to get to the election."

State law requires voters to show photo ID at the polls. People who lack IDs can get free ones at DMV stations if they can provide identifying documents such as birth certificates or Social Security cards.

Under regulations the state Department of Transportation adopted in May, anyone who lacks such documents can apply for a temporary voting credential. All applicants who pass a precursory DOT check to ensure they don't already have ID are supposed to get a credential in the mail within six days, regardless of what documents they lack.

According to DOT data, only 1,680 people had applied for the credentials as of Sept. 30; 1,350 had received them.

Media reports late last month show DMV workers have been telling people they need birth certificates to enter the application process and that it could take as long as eight weeks for their credentials to arrive.

Peterson's order Thursday requires DOT to produce a one-page explanation of how the process works as well as a document applicants can take with them after entering the process that explains what happens next. The agency must submit the documents to him by Friday and distribute them to voting rights groups, municipal clerks, the media and anyone else on DMV contact lists beginning Monday.

DOT also must perform spot checks on DMV workers to make sure they're giving out accurate information and create a script for workers to follow when dealing with applicants. DOT must submit status reports to him every Friday through the election.

He also ordered state attorneys and OWI lawyers to hammer out plans for a new public information campaign on the process, telling them to get a final strategy to him by the end of next week. He exempted the state from the normal bidding process to help it hire vendors to execute the campaign quickly.

The judge said he considered requiring DOT to issue applicants credentials on the spot but thought better of it because of security risks.

OWI attorney Josh Kaul said he was pleased with the judge's order. The state Justice Department, which is defending DOT in the case, could ask the judge or the 7th Circuit for a stay of the ruling pending appeal.

DOJ attorneys referred questions to agency spokesman Johnny Koremenos, who didn't immediately respond to an email seeking comment.