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* UPDATED x1 - Common Cause responds * Federal appeals court stays decision that blocked in-precinct election day registration

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Same-day voter registration in Illinois is back for now after a federal appeals court on Tuesday stayed a judge’s order that blocked the practice for the Nov. 8 election.

The 7th U.S. Circuit Court of Appeals asked attorneys to file briefs by Thursday on why the case should face an expedited appeal.

On Sept. 29, U.S. District Judge Samuel Der-Yeghiayan declined to reconsider his ruling that the same-day registration option benefited Democratic strongholds, like Chicago, and disadvantaged rural regions that may favor Republican candidates. The state law that created Election Day registration applied only to counties of 100,000 people or more with electronic poll books.

* Sun-Times…

The attorney general’s office on Sept. 30 filed a motion for a stay of the lower court ruling, pending appeal. A judge on Tuesday granted that motion, while also giving the defendants until Thursday to provide a statement about why they believe the appeals should be expedited, according to court records. […]

In its motion for stay, the attorney general’s office argued the legislation doesn’t deny equal protection or infringe on anyone’s right to vote.

“On the contrary, it enhances the right to vote by making it possible for people to register at the polling place on Election Day,” the attorney general’s office said in its motion.

The attorney general’s office also argued that the statute is constitutional and that it doesn’t deny anyone the ability to register or vote.

*** UPDATE *** Common Cause Illinois…

Common Cause Illinois and other members of the Just Democracy Illinois coalition applaud the appellate judge for halting a lower court judge’s decision, which would have stopped all Election Day voter registration in polling places. Illinoisans will continue to be able to register to vote at polling places on Election Day for the upcoming election.

“Common sense has prevailed as Election Day registration is restored in polling places across Illinois,” said Brian Gladstein, Executive Director of Common Cause Illinois. “To remove this option so close to an election would have caused irreparable harm, especially in under-registered communities. More than 110,000 people registered to vote on Election Day last March, and now Illinoisans will continue to have access to their elections.”

The challenge to Election Day Registration was a troubling tactic to limit voter turnout during a crucial election year. While this decision allows voters to register on November 8th, the appellate court will still need to decide the merits of the case at a later date.

posted by Rich Miller
Wednesday, Oct 5, 16 @ 8:46 am

Comments

===Same-day voter registration in Illinois is back for now after a federal appeals court on Tuesday stayed a judge’s order that blocked the practice for the Nov. 8 election===

The clock is now ticking on the “non-partisan” IPI legal arm to get this… Well, “back where we think” is probably going to be somewhere in the response.

This is not an ending, that’s for sure, but the stay… welp, that’s the new angle for IPI.

Comment by Oswego Willy Tuesday, Oct 4, 16 @ 7:50 pm
It’s really neat that the lawsuit wasn’t to require that same day registration be available at every polling location like other states, including the notably rural Iowa, do.

It’s almost as if they didn’t want to make it easier for people to exercise their voting rights.

Comment by Anon Wednesday, Oct 5, 16 @ 8:59 am
Rule of law loses again.

Comment by Saluki Wednesday, Oct 5, 16 @ 9:04 am
I figured this would get a stay. It was so obviously partisan making the weird GOP “equal protection” argument to try and stop people from being able to vote. Having said that, same day registration should be at every polling location. There’s no reason that it isn’t available everywhere.

Comment by Chucktownian Wednesday, Oct 5, 16 @ 9:15 am
—
It’s almost as if they didn’t want to make it easier for people to exercise their voting rights.
—

If people exercise their voting rights, the Illinois GOP will lose.

Simple as that.

Comment by Bobby Catalpa Wednesday, Oct 5, 16 @ 9:15 am
One of these days, GOP leaders will realize that they should be trying to win the votes of those that they’re trying to keep from exercising their rights.

Voter suppression tactics are a humiliating admission that what you’re selling is inferior in the marketplace of ideas.

The smart ones know that. See RNC Autopsy, 2012.

http://www.theatlantic.com/politics/archive/2013/03/what-you-need-to-read-in-the-rnc-election-autopsy-report/274112/

Comment by wordslinger Wednesday, Oct 5, 16 @ 9:32 am
** same day registration should be at every polling location **

It should be everywhere or nowhere.

Comment by DD Wednesday, Oct 5, 16 @ 10:20 am
“Rule of law loses again.”

https://en.wikipedia.org/wiki/Appellate_court

– MrJM

Comment by @MisterJayEm Wednesday, Oct 5, 16 @ 10:28 am
Wow
First BigBrain and GOPies lose in court
Then they bungle their Kankakee County voter suppression and get the G on their A*
Not going well.
Next thing ya know they’ll be movin’ a metro east early votin’ to a police station.

Comment by Annonin' Wednesday, Oct 5, 16 @ 10:33 am
Saluki,

The panel granting the stay had a majority of GOP appointees. Still think politics carried the day over the rule of law?

This stay wasn’t granted on the merits, which will be argued at some point. It was granted because such a change shouldn’t be made this close to the election. Many fair-minded judges from different political backgrounds respect that principle.

There is a reasonable argument for differential treatment here. But the impact of excluding downstate counties is small, the partisan divide much smaller.

The biggest users of this service demographically are college students, and there aren’t that many college students in jurisdictions excluded.

Most of the recent voter suppression efforts in other states have led to at least a temporary increase in turnout among the people being suppressed, presumably because anger drove them to the polls. If I were a downstate politician, I’d be drumming up that anger to get people to register by the new, extended online registration deadline of Oct. 23rd, just 16 days before the election.

Comment by some doofus Wednesday, Oct 5, 16 @ 10:35 am
** The biggest users of this service demographically are college students, and there aren’t that many college students in jurisdictions excluded. **

Just every major state university….

Comment by DD Wednesday, Oct 5, 16 @ 11:19 am
===Just every major state university===

Huh?

UIUC, ISU are just two of those that are covered.

Comment by Rich Miller Wednesday, Oct 5, 16 @ 11:25 am
As to the rule of law, it certainly is not illegal to have same day registration in order to vote.

The question is whether the voter can be verified as legal to vote. Of course, in this political environment that means little.

How long does it take to verify a voter meeting all legal requirements? I do not know. But that should be the requirement and that requirement should be done as quickly (whatever time length that means)as possible.

We need people to register vote and a free photo ID card should be issued. I would love to see some real honesty in this process but that is unlikely to happen.

Comment by Federalist Wednesday, Oct 5, 16 @ 11:30 am
Federalist–Proof of address is what we election judges need to see. Typically that is a driver’s license and another form such as a bill with the address on it.

Comment by Nearly Normal Wednesday, Oct 5, 16 @ 1:16 pm
@Nearly normal,

Which means little since it does not provide proof of citizenship of much of anything else. Since it has not been checked it can easily be forged.

Get real!

Comment by Federalist Wednesday, Oct 5, 16 @ 1:54 pm
You think seriously a driver’s license “can easily be forged,” Federalist?

– MrJM

Comment by @MisterJayEm Wednesday, Oct 5, 16 @ 1:58 pm
Federalist, I suspect you’re unaware of how much does happen behind the scenes. Registrations are validated against either driver’s license or state ID by the State Board, and a list of exceptions is returned to local election authorities.

Comment by some doofus Wednesday, Oct 5, 16 @ 3:56 pm