Patrick Marley

Milwaukee Journal Sentinel

Madison — A federal judge on Thursday ordered the state to provide more information to the public about how they could easily get voting credentials even if they don't have birth certificates, but declined to suspend the voter ID law.

U.S. District Judge James Peterson said his order would "patch up" the system used to provide voting credentials to people with the most difficulty getting IDs, but acknowledged it would be an imperfect, temporary solution. He said the state would have to implement broader changes to that system later, but there is not enough time to do that before the Nov. 8 election.

Under the 2011 voter ID law, people can get free IDs for voting, but a small group of people face challenges in getting them because they don't have birth certificates or have problems with their documentation.

Those people are entered into what the state calls the ID petition process, or IDPP, and are supposed to get voting credentials sent to them within six days unless they are determined to be ineligible to vote. In July, Peterson called that system a "wretched failure," and he reiterated that sentiment Thursday.

"People just didn’t know what you would get if you went into the IDPP," Peterson said. "(The Division of Motor Vehicles) never made clear what you needed to do to get into the IDPP. It was not only unclear to the public, but it was unclear to ... DMV employees themselves."

One Wisconsin Institute and Citizen Action of Wisconsin Education Fund sued the state last year over a host of election laws. In response, Peterson struck down limits on early voting and ordered the state to reform its system for making sure people have voting credentials under the voter ID law.

In recent weeks, audio recordings were made public of DMV employees giving inaccurate and incomplete information about the ability of people to get IDs if they don't have birth certificates.

DMV workers at 7 more stations give wrong voter ID info

That prompted Peterson to order the state to conduct an investigation and schedule hearings for Wednesday and Thursday.

At Thursday's hearing, he said the state must print "palm cards" that clearly explain how people could get IDs if they don't have birth certificates or other documents. He also told the state to update material it provides to people in such situations after they apply for IDs so they know what to expect.

Under that system, people will be able to get voting credentials even if they don't have any documents. All they need to do is show up at a DMV center, have their photo taken and fill out two forms. The DMV will check to make sure they don't already have an ID or license and run their photo through facial recognition software to make sure they don't have an ID or license under a different name.

Once those checks are made, the state will issue the voting credentials. The credentials have been good for 60 days, but Peterson said ones that are issued in the future must last for 180 days.

The state will have to engage in more outreach to inform people who have the most challenges about how they get voting credentials, Peterson said. He exempted the state from normal bidding procedures so it can print documents more quickly.

Peterson also ordered the state to file weekly reports about how it is doing administering the voter ID law.

Attorney General Brad Schimel will not try to block Thursday's order, said his spokesman, Johnny Koremenos. (An appeal of the broader July ruling is pending and will be decided after the election.)

"After yet another attempt by the plaintiffs to strike down voter ID, the law remains in effect for the November election," Koremenos said in a statement.

Robert Kraig, executive director of Citizen Action, praised Thursday's order even as his group seeks to overturn the voter ID law before the 7th Circuit Court of Appeals in Chicago.

“This close to the election, any interim action that will help more citizens get the credentials they need to vote is a step forward," Kraig's statement said.

Peterson said he did not believe he had the authority to suspend the voter ID law and would not do so even if he did because changing the rules this close to the election would be disruptive. Early and absentee voting has already begun.

He said the order he would issue would "take care of the worst problems" but not fix the voter ID law permanently. Further changes will be needed after the fall to ensure there is a safety net for people who have the most trouble getting credentials for future elections, he said.

"Close court supervision of the reform process is going to be necessary," he said. "It’s not going to be easy. It is a very complicated beast of a system that is really going to have to be carefully evaluated."