Law Forward

The Wisconsin Supreme Court election is not the only statewide matter on the April 1 ballot. We’re also voting for the Superintendent of Public Instruction and on a proposed constitutional amendment. The proposed amendment would add a voter ID requirement to our state constitution. Law Forward joined a broad coalition of democracy organizations urging Wisconsinites to reject this proposed change: https://lnkd.in/gS3TQHYf   Since Wisconsin first became a state, we have repeatedly expanded the right to vote. The initial state constitutional language said that only white men could vote, but it expressly allowed the franchise to be offered to others if a statewide referendum approved that change. In 1849, just one year after statehood, Wisconsinites passed a referendum allowing black men to vote. It took another 17 years—until Ezekial Gillespie pressed the issue and the Wisconsin Supreme Court said that the referendum vote was binding—for that change to be effective. Wisconsin was, famously, the first state to ratify the 19th Amendment, which expanded voting rights to women. Wisconsin is one of only a few states that has long allowed new voters to register and cast a ballot on election day. And Wisconsin has been a leader in expanding absentee voting.   In 2011, Wisconsin adopted one of the nation’s most stringent voter ID laws. This was a solution in search of a nonexistent problem—there simply is no evidence of any significant voter fraud. And data shows that the voter ID law has stifled turnout for some segments of our population. Nonetheless, the law is broadly popular, and both state and federal courts have rejected those challenges brought against the law to date. But it still does not belong in our state constitution.   The constitution is the charter of our state. It contains the foundation of our government, and it begins with the Declaration of Rights, which enumerates specific freedoms retained by the people. Unlike the federal constitution, our state constitution expressly addresses and protects the right to vote. And it leaves space—appropriately—for us to use our laws to fashion the administration of elections to meet the changing needs of our society across time. Enshrining in the constitution a limitation that blocks some eligible voters from exercising their rights is inconsistent with our Declaration of Rights. Even those who support Wisconsin’s voter ID law should vote against this amendment, which changes nothing about voter ID but demeans our constitution.

Last week, the Wisconsin Supreme Court dismissed Brown v. WEC on standing - but the opinion contained no mention of how this lawsuit sought to curtail fundamental voting rights in Wisconsin. This lawsuit sought to restrict absentee voting in one of Wisconsin’s most diverse communities, Racine, and attacked the right to vote and equal protection under the Wisconsin Constitution. We were proud to represent Black Leaders Organizing for Communities in this case and will never stop fighting for everyone to have the freedom to vote in the way that works best for them and their schedule. https://lnkd.in/gVHJva77

Black History Month is a time to honor our resilience - and remember that we, the people, hold the power to protect our freedoms.

Under both state and federal law, Wisconsin municipalities are required to provide voting systems that enable voters with disabilities to cast their ballots independently and securely. We've filed an amicus brief in the U.S. Department of Justice's case against Thornapple, Wisconsin, to protect access to electronic voting options. Access to voting is a fundamental right that must be protected for everyone, period: https://lnkd.in/gA5f36Jb

Law Forward is hiring—twice over!   We’re currently looking for an experienced lawyer to join us as a staff counsel. This is a perfect job for someone leaving federal government service or inspired by what is happening in our country to dedicate themselves to pro-democracy litigation.   In addition, we run a paid, two-year fellowship program for early-career attorneys. The next fellowship will begin around August or September (negotiable), and we are accepting applications now on a rolling basis.   We’re a small, collaborative team doing exciting, important, novel work. Please share these opportunities widely. https://lnkd.in/g-PvPYYU

One year ago today, Gov. Evers signed fair maps into law - marking the first time in more than half a century that a politically divided legislative and executive branch in Wisconsin had enacted new maps. Here's what's happened since: https://lnkd.in/gCazJERY

The Court was right to toss Mr. Brown’s lawsuit, which sought to restrict absentee voting in one of Wisconsin’s most diverse communities. But a standing deficiency was perhaps the least problematic aspect of Mr. Brown’s lawsuit, which openly targeted Racine’s efforts to make voting more accessible. Mr. Brown’s suit attacked the right to vote and equal protection under the Wisconsin Constitution. Avoiding any comment on such fundamental civil rights issues does little to strengthen our shared democracy. https://lnkd.in/gGCy5ifT

This lawsuit openly targeted Racine's efforts to make voting more accessible, and the Court was right to toss it. But avoiding comment on the fundamental civil rights issues at stake in this case - namely, our right to full access to the ballot, including safe and secure absentee voting options - does little to strengthen our democracy: https://lnkd.in/gVHJva77

Presidents swear an oath to faithfully execute the laws of our nation. When they break that oath, it's up to us - we, the people - to hold them accountable.

Thank you to the LEAGUE OF WOMEN VOTERS OF WISCONSIN, INC. Dane County for having our General Counsel, Jeff Mandell, discuss what voters should look for in the Wisconsin Supreme Court race ahead of the April 1 spring election. https://lnkd.in/gSuYwiWn