Judge Orders Parties To Reconvene To Discuss Public Education On Voter ID Law

A federal judge sharply criticized the Wisconsin Division of Motor Vehicles for its implementation of the state’s voter ID law at a Wednesday hearing.

U.S. Western District Judge James Peterson did not issue a ruling after Wednesday’s hearing, which examined how DMV workers have interacted with people seeking free state IDs for voting and public education efforts surrounding the state’s voter ID law.

Instead, Peterson called for all parties to reconvene Thursday to collaboratively identify ways to increase public knowledge about the law, particularly a petition process available to people who can’t easily obtain a free state ID for voting.

“The ID petition process is really a prerequisite to a constitutionally sound voter ID law,” Peterson said.

Peterson called for Wednesday’s hearing after recent tumult over allegations state DMV workers have provided inaccurate information to people seeking a free, state-issued ID that can be used for voting. Peterson issued a ruling in July ordering the state to educate the public about the voter ID law and to promptly issue voting credentials.

“I think that it’s pretty clear that the state fell short,” Peterson said. “The DMV is just not in its main lane here in communicating to people what they need in order to vote.”

Peterson said he was not inclined to strike down the entirety of the voter ID law, as plaintiffs are requesting in light of the new allegations. He also said he wasn’t sure if he had the authority to strike down the law.

Late last month, VoteRiders, a voter education organization, released audio recordings the organization alleges show DMV workers giving individuals inaccurate information about a petition process available for people who can’t easily obtain a free state ID for voting.

Individuals who don’t have the required documents to receive a free state ID, such as a birth certificate, are allowed to enter the petition process and must be sent a receipt within six days that’s valid for voting.

Following the allegations DMV workers weren’t following the protocol, Peterson ordered a state investigation. A report on the investigation was filed with the court Friday.

In the interim, the state implemented new training processes for DMV workers statewide.

On Wednesday, Peterson chided the state for waiting to begin those new training procedures until concerns were raised.

“The state is willing to make minimal efforts, unless it’s compelled to do so by this litigation,” he said.

Peterson also expressed concern about the state providing adequate public information materials about the voter ID law and petition process, both online and through materials like printed handouts.

“There’s still a real failure to communicate in simple terms what you need to get an ID. This isn’t rocket science level stuff here, something as simple as a one-page handout is still not available to the citizens of the state,” Peterson said.

“I would be at a loss to figure out what I need to come in and get an ID,” he added. “The DMV website does not provide a simple explanation of what you need to get an ID if you don’t have a birth certificate.”

Witnesses for the plaintiffs Wednesday morning included Madison City Clerk Maribeth Witzel-Behl and Milwaukee Election Commission head Neil Albrecht. Both testified about complications and confusion caused by the voter ID law.

Plaintiffs also called state Elections Commission member Ann Jacobs to testify. Jacobs and a fellow commission member, Mark Thomsen, submitted a letter to the court Tuesday outlining concerns about the efficacy of a statewide voter ID education campaign approved by lawmakers earlier this year.

The state asserted Wednesday that Jacobs and Thomsen don’t speak for the entire commission.

Molly McGrath, the national organizer for VoteRiders who released the DMV recordings last month, also took the stand for plaintiffs. McGrath testified about the recordings and other experiences working with individuals attempting to get a free state ID at their local DMV.

For the defense, state lawyers called Elections Commission Administrator Mike Haas and Division of Motor Vehicles Administrator Kristina Boardman, who explained the state’s efforts to provide a functioning petition process and educate the public about the voter ID law.

Early on in the hearing, the state expressed concern about the court ordering any changes to election administration as a result of Wednesday’s hearing as in-person absentee voting is already underway for the Nov. 8 election.

Haas said drafting different or expanded public education materials was not concerning.

“We’re happy to try to take whatever steps we can to comply with what he expects,” he said.

Haas also said the judge’s concerns with the public information campaign thus far are “subjective.”

“The Elections Commission has done as much as it can with the resources it has and the direction it has had,” he said.

The court will reconvene at 9 a.m. Thursday.