* The US appellate court in Chicago has basically just decided to keep in-precinct election day voter registration alive during this election cycle. The court put off briefing until November 10th, which is after election day, so its stay of a lower court’s ruling that halted the practice will remain in place. From the court…
ORDER re: 1. Plaintiffs-appellees’ statement on consolidating and expediting cases. 2. Defendants-appellants’ statement opposing an expedited appeal. 3. Cook County clerk David Orr’s statement supporting consolidating appeals and opposing expedited briefing. The requests to consolidate are GRANTED, and these cases are CONSOLIDATED for purposes of briefing and disposition. The request to expedite is DENIED. The briefing schedule is as follows: The appellants shall file their openings briefs and required short appendices on or before November 10, 2016. The appellees shall file their consolidated brief on or before December 12, 2016. The appellants shall file their consolidated reply briefs, if any, or or before December 27, 2016. Counsel for appellants are encouraged to avoid unnecessary duplication by filing a joint brief or a joint appendix or by adopting parts of a co-appellant’s brief. EAH [15] [6788829] [16-3547, 16-3597] (CR)
Background is here and here. The full order is here.
*** UPDATE *** Press release…
Attorney General Lisa Madigan today alerted Illinois voters that a ruling by the U.S. Court of Appeals for the 7th Circuit restores Illinois voters’ legal right to register to vote and cast their ballot at the same time in the general election on Nov. 8.
The Court’s ruling puts on hold an earlier federal district court ruling finding that the law allowing Election Day voter registration was unconstitutional and blocking the widely used practice. As a result of the Court of Appeals decision, election day voter registration can resume. Election day voter registration went into effect in Illinois in early 2015.
“Election day registration allows all voters the opportunity to participate in our elections,” Madigan said.
As a result of the Court’s ruling, the election day registration law will be restored. Under the law, counties with a population of 100,000 or more must provide voters with the option of registering to vote and casting their ballots at the same time at polling places on election day. Counties with a population of 100,000 or less and that keep voter records electronically must also provide voters with the option of registering to vote and casting their ballots at the same time at polling places on election day. Smaller counties that do not maintain voter records electronically must offer election day registration at the county’s main election office or at polling places in the county’s larger municipalities.
Attorney General Madigan also reminded voters that if they are registering to vote on election day, they should be prepared to show two forms of identification. The most common forms of identification include a driver’s license or a utility bill, at least one of which must show your current address. If your voter registration is active and current, you do not need to show identification to cast your vote.
- Anonymous - Friday, Oct 7, 16 @ 1:37 pm:
It’s a lot easier to steal an election this way.
- Oswego Willy - Friday, Oct 7, 16 @ 1:38 pm:
Long game, Raunerites, long game…
- Saluki - Friday, Oct 7, 16 @ 1:43 pm:
This makes me sad.
- Peorgie Tirebiter - Friday, Oct 7, 16 @ 1:56 pm:
I find it interesting that the party had complaints about judicial activism seems to use it when it’s to their advantage
- wordslinger - Friday, Oct 7, 16 @ 2:02 pm:
Geez, what a way to make a living.
“Daddy, what did you do at work today?”
“Well, Johnny, I tried to get the government to make it harder for people to exercise their voting rights.”
“Daddy, didn’t they used to have a name for that down south?”
“They sure did, Johnny…… they sure did.”
- Reality Check - Friday, Oct 7, 16 @ 2:10 pm:
Poor little plutocrats.
- Archiesmom - Friday, Oct 7, 16 @ 2:14 pm:
I love the Federal appellate courts!
- A Citizen - Friday, Oct 7, 16 @ 2:23 pm:
Sure glad the system and courts are not rigged. Like ow, the republican, says UGH!
- Politix - Friday, Oct 7, 16 @ 2:24 pm:
Good. I find this entire conversation appalling.
- DGD - Friday, Oct 7, 16 @ 2:29 pm:
** government to make it harder for people to exercise their voting rights **
A little willful ignorance there WS ? Everyone can register in advance in any part of the state. Are you saying certain people are too inept to plan ahead and register ?
- Politix - Friday, Oct 7, 16 @ 2:33 pm:
Are you saying certain people are too inept to plan ahead and register ?
It’s not a matter of ineptitude. Why not give people the option? What are you afraid of?
- MisterJayEm - Friday, Oct 7, 16 @ 2:36 pm:
“Are you saying certain people are too inept to plan ahead and register?”
Your straw-man argument is shoddy and second-rate.
– MrJM
- Captain Illini - Friday, Oct 7, 16 @ 2:38 pm:
WS…puhleazzzz! Your hyperbole is laughable. As a 12 year election judge, I can tell you this “same day” registration is like enabling in that responsibility is a forethought. You can vote TODAY…you can register and vote TODAY…waiting until the election day to register is burdensome on all of us who are trying to serve those who’ve responsibly registered and are prepared. There are a number of ways persons can cast their vote - and nobody is restricting anyone…in fact, there are too many options that could be used fraudulently - see Texas, Fort Worth as an example, or anywhere there are vulnerable persons that scammers prey on.
- Team Sleep - Friday, Oct 7, 16 @ 2:48 pm:
Politix - people in my home county can’t do same day registration/voting at their precincts. They have to go to the county courthouse. There is a hot state rep race in my area, too, so if there’s a rush then there will be problems. 81 out of the 102 counties in Illinois can’t do same day registration/voting at the precinct level. During the primary, I talked at length with the Morgan County Clerk on primary election day and she noted how same day registration/voting caused tons of problems due to the State Senate and Presidential primaries. A few of us asked her if it would’ve helped to register people at the precinct level and she said yes - but she didn’t have that option and won’t have it this fall, either.
- Annonin' - Friday, Oct 7, 16 @ 2:50 pm:
So does Tilman fall off his stool at the Globe and then call the CarWashKing and report voter fraud by the Appellate judges ?
- Oswego Willy - Friday, Oct 7, 16 @ 2:56 pm:
===As a 12 year election judge… ===
How much fraud have you seen in that role?
- northsider (the original) - Friday, Oct 7, 16 @ 2:57 pm:
This is a wonderful ruling. I’ve worked election days in Wisconsin where same-day has been allowed for at least 10 years. It’s routine, election judges know how to expedite it, and it’s not abused.
While some people are just procrastinators, there are a variety of reasons why same-day is a big help. A voter may not have voted in a long time and might have been unintentionally struck by an overly zealous election board.The voter wouldn’t know it until he or she went to vote. Why shouldn’t he or she get to vote? Or they may have moved a few blocks and not realized they had to re-register. Or they may have just turned 18.
Why on earth should we make it hard for people to do the very most important act of citizenship? The one place where Americans are indisputably equal?
- Oswego Willy - Friday, Oct 7, 16 @ 2:58 pm:
===Sure glad the system and courts are not rigged===
Words fail me.
Speaker Madigan… and the Federal Appellete he controls.
- The Captain - Friday, Oct 7, 16 @ 3:02 pm:
Correctly predicted this.
Also, Team Sleep, in-precinct same day registration is available to every county, it’s just that the smaller counties are able to opt out. Your county clerk could do in-precinct same day registration, she’s just not mandated to.
From (10 ILCS 5/4-50):
- Anonymous - Friday, Oct 7, 16 @ 3:06 pm:
How many thousands of voters used this option in the primary? No one is inept, but some people are busy. Busy does not mean they should lose their right to vote, does it?
For that matter, does anyone really argue that “inept” means you should not be able to vote? It’s arguments like that that result in court rulings like this one.
- Rhino Slider - Friday, Oct 7, 16 @ 3:11 pm:
The irony is Trump voters are the ones who will have motivated same day registrants. This could help Munger big league.
- Captain Illini - Friday, Oct 7, 16 @ 3:20 pm:
OW - How much fraud have you seen in that role?
I judge in a four precinct polling place and over 12 years I’ve seen several attempts at electioneering - which is illegal, all of them stopped, with two maybe three of those we had to call police to finally get them to leave. I’ve not seen vote fraud, however our Clerk has taken action against those who’ve registered to vote provisionally and later could not substantiate their credentials. All in all for our county and precincts there is little to no vote fraud per say since most of us are very focused on procedures that counteract fraud from occurring. Again, electioneering still happens, but infrequently.
With respect.
- Oswego Willy - Friday, Oct 7, 16 @ 3:30 pm:
- Captain Illini -
Thank you. Appreciate that. And thanks for working on Election Day in a polling place as a judge. Thankless job sometimes.
I’m always wondering where the fraud is. That’s the only reason I asked.
Thank you, and thanks for volunteering.
- The Dude Abides - Friday, Oct 7, 16 @ 3:33 pm:
Voter fraud is a rare occurrence. Some people are busy, some just aren’t as organized as most of us are, other people just put things off until the last minute. That shouldn’t disqualify folks from getting to vote.
As one GOP member of the Pennsylvania legislature said, their voter ID law would make it easier for the GOP Presidential candidate at the time, Mitt Romney to carry that state. The voter fraud alarm has been in use for some time by the GOP in this endless battle of the two political parties to gain any advantage over the other that they can.
- Team Sleep - Friday, Oct 7, 16 @ 3:49 pm:
The Captain - thanks for that. I stand corrected and was obviously going off of bad info. You would never know that to be the case when you listen to county clerks in smaller counties discussing same day voting. The law should be even, though, and just require it. No opt outs. Of course the discussion would then go to funding - which is likely be the reason why smaller counties are not currently engaged at the precinct-level same day voting.
- Anonymous - Friday, Oct 7, 16 @ 4:00 pm:
I was reading an archived news story about an election contest in the bad old days. Fifty voters registered to a single house. The irregularities caused a lawsuit in an aldermanic election.
What made the article in the Tribune unusual is that the location of the alleged vote fraud was in Evanston.
- Captain Illini - Friday, Oct 7, 16 @ 4:01 pm:
OW - thanks for your kind words. Yes, it’s a 15 hour day mostly and I’ve done it because it’s my civic duty to do so. I also noticed that many if not most of the election judges were older women prior to my participation, and not a lot of younger people…so took it upon myself to “enlist.” Again, I don’t fault anyone from wanting to vote, and procedures are there for persons to do so. We have many families with either children or siblings that need help in the voting booth - and there are procedures which allow “helpers” in the booth. I have witnessed the helper filling out the ballot while their child or relative stared blankly due to their affliction…is this fraud? Probably, but completely legal. All in all over my service, 99.9 percent of people coming to vote are decent, caring engaged individuals who just want to vote and make their voice matter.
- Nearly Normal - Friday, Oct 7, 16 @ 4:03 pm:
My precinct had 40 same-day register and vote in March. We were able to handle that with one trained judge to do the work. Our turnout was nearly 40% which is very high for a primary. We judges met and worked out a couple of changes to the layout to make it easier to handle a predicted larger turnout for this election. Our precinct is in a church and the staff there have been wonderful. Now we will use the auditorium instead of the lobby for voting so that if there is bad weather, the voters can line up inside the lobby.
Democracy in action!
- Ward Heeler - Friday, Oct 7, 16 @ 4:05 pm:
As a former election judge, what I have caught is electioneering inside and outside of the polling places (failure to observe the 100 feet rule from the entrances) and campaign literature being placed in the polling booths.
- Anonymous - Friday, Oct 7, 16 @ 4:10 pm:
If you have to suppress the vote in order to win….
- The Captain - Friday, Oct 7, 16 @ 4:37 pm:
Team Sleep, I think you’re exactly right. Some of the county clerks’ offices in small counties are very, very small and it’s just hard for them to keep absorbing these new rules without any additional funding. And funding would require a state budget.