Conservatives seek immediate purge of voters in Wisconsin

[Omaha Steve]

Source: AP

By SCOTT BAUER

MADISON, Wis. (AP) — A conservative law firm on Thursday asked a judge to find the Wisconsin Elections Commission in contempt and fine its members $2,000 a day until it immediately purges more than 200,000 voters from the rolls, a move Democrats are fighting in the key battleground state.

A judge last month ordered the purge of voters who may have moved and didn’t respond within 30 days to notification sent by the elections commission in October. The bipartisan commission has deadlocked twice on attempts by Republicans to do the purge immediately while an appeal to the court order is pending.

Rick Esenberg, leader of the conservative Wisconsin Institute for Law and Liberty that brought the lawsuit, said the commission must purge the voters now. The judge in December ruled that the commission was breaking state law by not removing voters who did not respond to the October mailing asking that they confirm their address.

“Court orders are not suggestions,” Esenberg said on WISN-AM. “They are not rendered inoperative by the fact that you filed an appeal.”



FILE - In this Nov. 6, 2018 file photo, people vote at Jamestown Town Hall in Kieler, Wis. Conservatives are asking a judge to find the Wisconsin Elections Commission in contempt for not immediately purging more than 200,000 voters from the rolls. A judge last month ordered the purge of voters who may have moved and didn't respond within 30 days to notification sent by the elections commission in October 2019. (Nicki Kohl/Telegraph Herald via AP, File)


Read more: https://apnews.com/ea39036616cb894830236e091ab4bb08

[abqtommy]

1. I love it when cultists try to tell a judge about the law. Many judges don't like that. At all.

[bucolic_frolic]

2. Don't quite understand why this doesn't get flipped back on them

They are suing to deprive people from voting. Why not countersue for depriving people of their right to vote?

And what standing does WI Institute for Law and Liberty have? They have harm to themselves in what way when people are registered to vote?

In many states it is almost impossible to sue the state for anything. Zoning enforcement for example. To sue your town for lack of enforcement is to ask them to enforce which requires, I have read, a writ of mandamus. Don't push me on the nuances. It's easier to sue your neighborhood for creating nuisances than to get your town manager to enforce anything. Governments have "discretionary enforcement". If they see no problem, they do nothing.

So the problem WI is being asked to remedy is .... ineligible voters at the polls? Isn't that a polling place problem, and not a database problem? It's like saying I'm going to arrest everyone in town who has beer in their fridge because they could get drunk from it and hop in their car and go DUI. There's no crime until it actually happens.

[onenote]

6. This is how the plaintiffs asserted standing

From the complaint as filed with the state court:

Each of the Plaintiffs is harmed and aggrieved by the conduct of the Defendants as described further herein. The Plaintiffs have standing as voters under Wis. Stat. § 5.06, as taxpayers because the Defendants are spending taxpayer money on illegal activities which causes
pecuniary harm to the Plaintiffs, and as aggrieved parties under Wis. Stat. § 227.40 because the Defendants’ invalid rule interferes with or impairs, or threatens to interfere with or impair, the legal rights and privileges of the plaintiff.

The Wisconsin statute cited, Section 5.06, very broadly confers a right to complain on just about any Wisconsin voter. The Wisconsin Institute for Law and Liberty is not the complainant -- they are the lawyers for several named individual voters.

[Xipe Totec]

10. There is no harm until one of the purged voters actually votes, and only if the voter actually moved

[onenote]

13. Wisconsin Stat 5.06

Whenever any elector of a jurisdiction or district served by an election official believes that a decision or action of the official or the failure of the official to act with respect to any matter concerning nominations, qualifications of candidates, voting qualifications, including residence, ward division and numbering, recall, ballot preparation, election administration or conduct of elections is contrary to law, or the official has abused the discretion vested in him or her by law with respect to any such matter, the elector may file a written sworn complaint with the commission requesting that the official be required to conform his or her conduct to the law, be restrained from taking any action inconsistent with the law or be required to correct any action or decision inconsistent with the law or any abuse of the discretion vested in him or her by law. The complaint shall set forth such facts as are within the knowledge of the complainant to show probable cause to believe that a violation of law or abuse of discretion has occurred or will occur. The complaint may be accompanied by relevant supporting documents.


The plaintiffs are electors (i.e. voters) who believe that the failure of election officials to act with respect to a matter concerning voting qualifications contrary to law. The law that they believe election officials aren't following is Wisc. Stat. 6.50(3), which they allege requires the elections board to change a voters status from eligible to ineligible if the voter fails to apply for continuation of registration within 30 days of the election commission sending a notice to the voter regarding their current address.

That seems to be all the plaintiffs need to have standing to sue under the particular Wisconsin law in question.

[Xipe Totec]

17. All true, but the harm is not yet done, so there is no irreparable harm.

[onenote]

25. the harm as defined in the statute is the election commission not changing the eligibility status of

voters who don't respond to a notification.

The plaintiffs argument, thus far accepted by the state courts, is that the plaintiffs are correct.

That's all the harm that's needed for the court to force the election commission to comply with the law (as interpreted by the court).

[Xipe Totec]

32. So long as the commission responds before the next election there is still no harm. nt

[geretogo]

3. The lawless fascists in the GOP worship power and money above democracy or the country .

May they burn in hell . Traitors ,all of them .

[ArtTownsend]

4. Conservatives hate democracy.

[C Moon]

5. Maybe Putin's not giving as much help this time around.

[old guy]

7. Repubs do whatever they want,

whenever they want in Wi. They rule the legislature and the courts so basically there is no "rule of law".

[StClone]

9. Yes that's our State. Lawless, undemocratic, Rebublican free-for-all

Freak $how. Thanks Koch's, thanks Bradleys's...all in a book The Fall of Wisconsin: The Conservative Conquest of a Progressive Bastion and the Future of American Politics by Dan Kaufman

https://www.goodreads.com/book/show/41817503-the-fall-of-wisconsin

[old guy]

11. Thanks for the book tip.

Just put it on hold thru More, so should have it shortly.

[StClone]

15. You are welcome Buddy.

I moved here as a safe smart place to raise my family in 80's eyeing the politics, climate change, jobs, education and lack of earthquakes, most tornadoes and southern red-neckism. Outside earthquakes, mostly, it has all changed!

[ancianita]

23. Would your reading this book lead you to think that WI's govt became a bought state government?

Because I can't see how a whole state of voters would simply vote in such a state govt 'on the merits.'

[StClone]

30. Firstly, WI was systematically, strategically, targeted for destruction

The book has a lot of WI early history, from the Norwegian settlers to La Follette, to the rise of dangerous dark money and more...and still reading.

Around 2000 as radio listenership was lessening, there was an odd surge to purchase and convert locale small radio stations to high wattage blasting Limbaugh and endless hate radio around WI (Bradley's?). Roll down the dial and you could hit 2-3 strong signals spouting Right Wing wackadooism. That was the start of the propaganda arm to soften the minds that Dems were the enemy.

Conservatives gained a foothold in State office using dark money from Koch and other hidden funding to then push more Cons to office. Then came ALEC to WI re-writing state legislation. Once a level of control (Walker) was reached they rammed through legislation to destroy unions, Teachers, environmental law and pushed gerrymandering.

All this using fear, guns, god and country to scare the mostly white, rural yucks and suburbanites alike to fret about many things. Authoritarianism was stealthily acted in as was fear of losing our way of life (mostly the fraud over gun laws).

SO here we are. A once proud Progressive state enslaved to the ideal that Cons are fiscal saints, holier-than-thou and strong. When in fact they are what they always have been, liars, crooks, and elitists working for the super rich to our demise.

[ancianita]

31. Awesome summary. Thank you.

[usaf-vet]

8. Welcome to Wisconsin RW slanted politics. Books could be written to detail the long ongoing programs

.... that have been put in place to suppress voter access. Purging rolls, Voter ID laws, gerrymandering, moving polling place without adequate notification, outright vote-rigging, stacking courts including state supreme court, Russian intervention in 2016 and the list goes on and on.

Without these voter suppression programs, the GOP would never have gained the RW control they have.

The RW seems to have one basic plan CHEAT is every way we can so we can cheat in every way we have for the last decade.

It is not about one person one vote. It's about one person who votes our way while those that don't will face programs of suppression.

Attempts to find and prosecute illegal voters in Wisconsin have failed miserably. The same is true in other states and at the national level. Studies have consistently shown voter fraud does not exist in numbers that would alter election results.

Election fraud, however, does exist and does alter otherwise fair elections. The formula to implement election fraud requires the use of all of the voter suppression tactics mentioned above as well as new tactics as they are conceived and implemented.

Purging rolls, Voter ID laws, gerrymandering, moving polling place without adequate notification, outright vote-rigging, stacking courts including state supreme court, Russian intervention in 2016 and the list goes on and on.

[old guy]

12. You are correct.

[CaptYossarian]

14. I'm glad you mentioned the state Supreme Court.

There's another important election again this year. Our justices serve 10-year terms, unlike the U.S. Supreme Court's lifetime appointments. These yahoos want to stack the deck for their fascist ideology.

[StClone]

20. A recent book you may find in that scope about WI

The Fall of Wisconsin: The Conservative Conquest of a Progressive Bastion and the Future of American Politics

https://www.goodreads.com/book/show/41817503-the-fall-of-wisconsin

[Augiedog]

16. Welcome to Mississippi north. Republicans in Wisconsin are terrified of democracy.

They know what’s coming. They are on the cusp of being marginalized here and they know it. Wisconsin May be the last ignorant bulwark of right wing bullshit politics. They are trying to kneecap Dane county and the Milwaukee metroplex. Democratic areas. Ultimately they will fail, just like Joe McCarthy and Scott ‘the cheat’ Walker.

Democrats are by nature forgiving and willing to forget. But I suspect, considering all the evil republicans have engaged in, that may no longer be the case.

First we need to rid the nation of that national shame with orange hair and then we can expunge Wisconsin republicans from our midst. Maybe we can bring back shunning as a form of social discipline.

[usaf-vet]

18. Boy!! Are you Right!

[StClone]

21. I hope so

There is a lot of political talk among younger people now, but the kids just do not vote! I work with young people (have for years). I have observed those who don't vote in their 20's often won't as they approach 40! Yes I have been around a while

[AJT]

26. Ahhhh....Wississippi.

[40RatRod]

19. Maybe "this" should apply to Trump as well.

“Court orders are not suggestions,” Esenberg said on WISN-AM. “They are not rendered inoperative by the fact that you filed an appeal.”

[blakstoneranger]

22. EVERYBODY REVIEW YOUR REGISTRATION STATUS

No matter where you live, make sure you are registered to vote.
Humm, I wonder how many people (russians) are voting in our elections this year who are voting republican but are ineligible to vote.

[sinkingfeeling]

24. What standing does a 'conservative law firm' have in this case?

If registered voters have no standing in gerrymandering cases, how can a law firm?

[Jake Stern]

27. At what point do we remove people from rolls?

The responsibility is on the voter to keep their information up to date. A reading beyond AP snippets shows that some of these folks haven't voted in multiple election cycles and did not respond to communications from elections officials.

How long do we keep people on the rolls? I registered to vote in Hawaii way back in 1999, should I still be on the rolls? Should I still be registered in Arizona or Missouri or Florida?

Make registration verification a part of GOTV drives. Help people get the ID's they need. Work to change this law through the initiative process.

I just don't see this case going our way so, perhaps, it's time to find a work around. The purged voter's info is public record so getting a copy of the list shouldn't be that hard. Start a phone bank to try and contact these voters. If you reach them, help them get re-registered. Take out ads in the paper and on social media to alert people that they may have had their registrations deactivated with contact info for them to check if they're on the list of deactivated voters.

[not_the_one]

29. wow. a reasoned response.

I also don't understand why people can't be bothered to keep their voter registration up to date. If they use email you can be damn sure everyone knows their correct e-address.

If they are older (like me) and need help ( I don't), someone should help them. Check on your family and friends and help them to find out if they are registered. https://www.vote.org/am-i-registered-to-vote/

There is plenty of time. This is NOT a legitimate excuse to whine about "shoulda, coulda, woulda"... This is up to us!

When I go to vote I bring my driver's license AND my voter registration. I slap it on the counter whether they ask for it or not.

This is also a good example of what the party SHOULD be helping us do.

[Massacure]

33. Agreed

This would be a big deal in a state that doesn't allow same day voter registration, but same day voter registration is available in Wisconsin. The couple of times I've changed address I brought in a drivers license and a pay stub to my new polling place and it took me less than 10 minutes to fill out to the forms to re-register.

I can see the photo ID requirement passed several years back being burdensome; I've never enjoyed going to the DMV here. But the outrage over these registration purges are baloney in my mind.

[SCVDem]

28. I hate Wisconsin NAZI's!

It's bad enough they are some of the most racist I have seen!

I grew up there and left at 18.

Really sad. It took years to purge that upbringing!

That is what the republicans stand for!

[idahoblue]

34. I think Wisconsin has Election Day registration.

Voters need to be aware of the rules and be prepared to register when they show up to vote, if their name is missing from the rolls. Proper education to have proof of residence documents with them when they vote makes purging irrelevant.

[Skittles]

35. cheating bastards

it's the only way they "win"