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The Wisconsin Department of Justice Asks Court to Stay Order Enjoining Voter ID Law


MADISON — Wisconsin Attorney General J.B. Van Hollen announced today that the Department of Justice has asked the Court in Milwaukee Branch of the NAACP, et al. v. Walker, et al., Dane County Case No. 11 CV 5492, to stay the injunction against the State's Voter ID law that entered on March 6, 2012.


“For close to a year, Voter ID has been the law of this State. It has already worked in the most recent elections. An injunction now, this close to the April election, will confuse people about what is required and discourage them from obtaining a qualifying ID. If, as we hope, the injunction is overturned before the election, those relying on the injunction may be left without an opportunity to obtain their IDs by the date of the election,” Attorney General Van Hollen said.


The Motion states that a stay is appropriate because an appeal will be pursued. If people rely on the injunction and choose not to obtain a qualifying ID, and if the injunction is overturned before the April election, they may be left without a qualifying ID and be unable to vote. The Motion further argues that a stay will prevent election officials and others from having to change their existing procedures for absentee ballots and other activities, only to be forced to go back to those practices if the injunction is overturned on appeal.


Late this afternoon, the Honorable David T. Flanagan issued an order asking the plaintiffs to respond by March 13, 2012, to defendants' motion for relief pending appeal. The Department of Justice is counsel for the Governor and members of the Government Accountability Board in the court action.


A copy of the Motion is available at the following link:


2012 file: