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State Supreme Court Refuses to Take Up Voter ID Law

Having Voter ID in place for the November elections looks unlikely now that the state's highest court has refused to hear either of two cases where the law was ruled unconstitutional.

 

The state Supreme Court has refused to hear arguments about Voter ID because one case has yet to go through the appellate court.

This means come November, voters will not be required to show a photo ID before casting a ballot.

WisPolitics.com is reporting that justices issued two brief orders; one of which called state Attorney General J.B. Van Hollen's petition to jump over the appeals court as "premature."

According to a story on JSOnline.com, if they take up the case at all, justices would prefer to hear both cases at once.

Van Hollen issued a statement shortly after the decision was made public:

The Voter ID law protects the integrity of our elections.  Injunctions entered by circuit court judges, acting alone, have already kept this law from being applied in several important elections over the past year. 

I am very disappointed that the Supreme Court has failed to act by denying the motions to consolidate these actions, bypass the Court of Appeals, and stay the injunctions against the Voter ID law.

The result is that the injunctions against the Voter ID law remain in effect and will, in all likelihood, be in effect for the upcoming November elections.

Despite this setback, I continue to believe that the Voter ID law is constitutional and I will continue the battle to have the law upheld.

Dane County Circuit Court Judge Richard Neiss issued a permanent injunction in March. Less than a week later, Judge David Flanagan issued a temporary stop in answer to lawsuits filed by the Milwaukee NAACP and Voces de la Frontera, and at least two other groups.

In July, Flanagan ruled again that Voter ID was unconstitutional at the conclusion of the trial for the NAACP/Voces de la Frontera case.

Voters should remember, though, that some requirements of the law remain in place, such as requiring voters to sign a poll book and to live in the same district where they will cast their ballot for 28 consecutive days.

Related Topics: JB Van Hollen, voter ID, and wisconsin supreme court

Randolph Brandt

9:31 am on Friday, September 28, 2012

Figured they'd dodge it this close to the election.

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quizno100

9:31 am on Friday, September 28, 2012

Disappointing. You will continue to have fraud and voting irregularities until real steps are taken to protect one of the most valuable rights we have as Americans.

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dpatric2

9:31 am on Friday, September 28, 2012

The flawed Voter ID law needs to go through the court process. As the law is discussed in court proceedings, maybe legislators will realize how it can be fixed in the next legislative sessions. I watched last year's legislative sessions on Wisconsin Eye when the law was considered. Many good amendments were ignored and if they were used to fix the flawed law, we could have avoided the expensive court proceedings going on now.

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John Wilson

5:16 pm on Tuesday, October 2, 2012

dpatric2 -

How TRUE, how TRUE...

Now, all you have to figure out is how to get a GOP person to LISTEN!

Steve Ebbie

9:49 am on Friday, September 28, 2012

I know some of my friends on the right have been sold the idea that there is fraud in the election cycles and the only way to curb that fraud is with voter ID. I also know that they do not trust the "main stream" media. Do yourself a favor, do a little research. This is part of an agenda. An agenda to sway elections. If you can't win on ideas and ideals, rig the system.

So... here's the end all argument from non other than the highly respected and always fair and balanced FOX news:

http://www.foxnews.com/politics/2011/09/24/voter-id-laws-target-rarely-occurring-voter-fraud/

Bottome line, no fraud.

As stated in the article: "I've compared this to the snake oil salesman. You got a cold? I got snake oil. Your foot aches? I got snake oil," said election law expert Justin Levitt.

Next subject??

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James R Hoffa

10:49 am on Friday, September 28, 2012

@Steve Ebbie -

How do you know that there isn't any fraud? Remember the City of Racine in the recall? Over three hundred new voter registration confirmation post cards returned as invalid as addressed. And in the official report from the Racine County Sheriffs Department, investigators stated that under our current system, voter fraud is virtually impossible to detect and investigate. Investigators also stated that a photo ID would be effective in preventing the fraud from occurring.

So all that bull about how few prosecutions prove that fraud isn't happening is just as stupid as saying that because there are few prosecutions for littering on the books that such activity must not exist either. Then please explain how all the trash ends up in the ditch between Hoffa's property and the road and why we need the Adopt-a-Highway Program.

Please, do us all a favor and pull your head out from your behind!

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oak creek resident

12:33 pm on Friday, September 28, 2012

Steve, that article doesn't state that there is "no fraud", it states that it is rare. There are several recent instances of voter fraud right here in wisconsin.

Fact is, if it were YOUR liberal vote negated by some pathetic loser committing voter fraud, you'd scream and holler about your "rights". If a liberal commits voter fraud, its no big deal, right commie?

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oak creek resident

12:43 pm on Friday, September 28, 2012

Steve, if you bothered to take the time, you'd have seen that the article was from AP, fox just hosted it. Fox did not write it.

It is immaterial anyone, but you are playing the "fox news even says so" card.

Fail on both fronts.

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Greg

1:14 pm on Friday, September 28, 2012

The left has never proved that there will actually be any disenfranchised voters. It is no more than urban legend.

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Dirk Gutzmiller

3:06 pm on Friday, September 28, 2012

@Hoffa - Please tell us why our highly paid law enforcement finds it virtually impossible to detect and investigate voter fraud. I am sure someone of your esteemed criminal defense experience and high intelligence could give them some pointers. But, oh no, your mind blanks out and you become an apologist for what may be indifference or even incompetence on the part of law enforcement in prosecuting voter fraud, a felony. Maybe it is so uncommon, it is not worth the effort?

If the hard-core Tea Party types can analyze every single signature on the recall petitions and inform their bosses, surely there is some residual intelligence and investigative talent there that could help out law enforcement. Or just helpless when convenient, as the fraud rarely exists, and better to be crybabies?

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James R Hoffa

3:35 pm on Friday, September 28, 2012

@Dirk -

Hoffa never practiced criminal defense - strictly civil law and the occasional civil forfeiture.

But if you really want to know why it's virtually impossible to investigate, detect, and prosecute voter fraud, why don't you try reading the actual police reports for yourself instead of trusting MSDNC to be honest with you???

http://statehousemedia.com/wisconsin/July_2012/reports%20re%20voter%20fraud%20RCSD.pdf

On page 4 of 9 of Investigator Rosanne Gordon's report pertaining to Incident Report # 12-033434, in regards to registration fraud, she admits that "the voter registration forms would have to be checked." But there's no follow up indicating that all the new voter registration forms were in fact checked by anyone. And that was the end of the investigation into those claims. Apparently, the logistics of personally checking thousands of registration forms, and personally visiting the addresses listed on those forms to verify if the elector actually lives where they claimed to live is beyond the financial resources of the department.

On page 5 of 9, she admits to not being able to properly investigate for voter fraud because "[i]f a person votes under a different name, there is no way to verify that they had done so, with the current Wisconsin Act 23, Voter Photo ID Law on hold."

Try reading and thinking for yourself for a change Dirk!

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Steve Ebbie

4:22 pm on Friday, September 28, 2012

Keep on fearing. Keep on spending, it's only taxpayer money afterall.

Nevermind that the Bush Admin spent five years and millions looking.

Next we will go looking for that elusive unicorn.

Moronic.

How about the Republicans across the country that are pushing this solution that is looking for a problem just come up with concrete ideas to help their party get elected. I know, I know, we will tell you after the election. Trust me.

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James R Hoffa

4:58 pm on Friday, September 28, 2012

@Steve Ebbie -

So, you don't care that it's so easy and nearly undetectable to commit voter fraud???

If that's honestly how you feel, then why do you bothering voting? After all, you apparently don't care if your vote is being canceled out by a fraudulent vote.

Shouldn't everyone demand the integrity of our elections?

The reports show that the system we have now is flawed and is easily subject to abuse and fraud by those who would commit such activity without any repercussion, so what's to stop them from doing so?

Come on - get a clue!

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Carl Quinones

5:27 pm on Friday, September 28, 2012

Thank you for standing up for the Truth!

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Steve Ebbie

6:29 pm on Friday, September 28, 2012

Hoff,

The only fraud found in elections comes from either early voting (something Republicans are not going after) or felons voting (Voter ID does not catch). In person voter fraud does not exist. Let me repeat that, in person voter fraud does not exist.

I'm sorry... I lied.

In person voter fraud does exist. There were 10 cases of voter impersonation with 146 million registered voters.

Reference: http://votingrights.news21.com/article/election-fraud/

So... let's spend millions on ID's for those that don't have them and attorneys to go back and forth on implementation or repeal.

If there are people that are either too lazy, to frail, can't find the time or do not have the necessary documents... THEY SHOULD HAVE NO VOICE.

It's weird that you refer to yourself in the third person...Ebbie would never do that.

Have a great evening... Ebbie is on vacation in the West.

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Dirk Gutzmiller

6:41 pm on Friday, September 28, 2012

Hoffa - Your reports of fraud were filed by apparent Tea Party type poll observers that wnet into mostly low income and minority neighborhood polls and filed voter fraud reports that were filled with hopeful assumptions that they found something wrong. One observer was reported separately to be this big fat white Lou D'Abbraccio guy that stormed into polling places as an observer, and yelled at poll workers and voters Boss Hog style. There was never any fraud proven from his accusations.

The best part is the investigator's conclusions:
"Overall, the complaints filed with this office in regards to what the election observers did observe on 6-5-12 do not prove voter fraud or that a crime had occurred at any polling place. Many of the complaints received the observer had made assumptions of fraud...with no proof that had occurred.
Most of the observers themselves have written in their observations that they violated those rules stated they would abide by."

Absolutely all for findng voter fraud, but what a laughable bunch of Tea Party clowns that do not know the first thing about gathering meaningful evidence. Just so apparently filled with pumped up outrage, they made wild assumptions and broke election rules bumbling around disrupting the polls.

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James R Hoffa

6:43 pm on Friday, September 28, 2012

@Steve Ebbie -

It's impossible for you to know how many cases of in person voter fraud occur because the system makes it nearly impossible to investigate, detect, and prosecute. Didn't you read the police reports?

So for every case prosecuted, 10 according to you, even if we presume that only 1,001 are getting away with it undetected, that's 10,000 illegitimate votes. Certainly, that's enough to sway elections!

Actually, Hoffa believes that only those who are paying taxes should have the right to vote. So, if you're not paying taxes, no vote. Remember, the nation was founded upon the principle of taxation without representation. If a majority who are paying no taxes are deciding the outcome of elections, then haven't we gone right back to the repressive taxation without representation that our founders worked so very hard to escape?

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James R Hoffa

6:58 pm on Friday, September 28, 2012

@Dirk -

How does any of that change the fact that the investigators admittedly did not check the new registrations and verify them, remember over 300 new registration verification post cards were returned as unable to deliver as addressed, and stated that in person fraud was impossible to investigate and detect without voter ID being in effect???

IT DOESN'T

All the report signifies is that voter fraud wasn't properly investigated because it's logistically impossible to do so without a smoking gun.

Thus, it's impossible to know if voter fraud is actually taking place or not because its never been fully and properly investigated.

And our system is also highly prone to those who would engage in such fraud, and the mere fact that it's so hard to detect and prosecute actually encourages such behavior from such people.

Remember the guy who was arrested and prosecuted for forging signatures on the recall petition in Racine? If it wasn't for the guy that thought that a name being on the petition was suspicious and warranted further investigation, he never would have been caught. That's how easy it is to cast a fraudulent vote.

http://www.youtube.com/watch?v=PKAiOXlvUjQ

Tom

10:09 am on Friday, September 28, 2012

Pathetic and scary that a single rogue judge can dismiss what the legislative branch took years to accomplish and 80% of the people want in this state.

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DICK STEINBERG

10:22 am on Friday, September 28, 2012

it would be in the best interests of all voters to have a uniform voting law that meets the challenges on both sides in every state, and yet preserve the state and local elections for them to decide. good idea but will not happen

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Avenging Angel

10:37 am on Friday, September 28, 2012

One fraudulent vote is one too many. One fraudulent vote negates my vote. Voter ID is the law of the land in most States. The usual doom and gloom predictions of hordes of "disenfranchised" voters is the big lie.

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Bill Mack

10:38 am on Friday, September 28, 2012

Fraud or no fraud it seems so stupid to me that any living human being would not have some sort of ID to identify themselves. It is inexcusable with all the options available to get a free ID that someone is so damned lazy that they don't obtain one.

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Mike in OC

8:52 pm on Friday, September 28, 2012

@bill mack.... you are 100% correct.... which is why none of the lefties on here responded to your post.

James R Hoffa

10:53 am on Friday, September 28, 2012

No worries - this is just Supreme Court code for 'the Court of Appeals will uphold the law so we don't need to get involved.'

Only a matter of time before photo ID becomes a reality!

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morninmist

12:27 pm on Friday, September 28, 2012

You and your imaginary pal live in la la land.

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James R Hoffa

12:50 pm on Friday, September 28, 2012

@morninmist -

It's funny how the only original thoughts or analysis that you actually offer to the discussion just so happen to be personal insults. Yeah, you so-called progressives are definitely peaceful, accepting, and tolerant all right - NOT!!!

Proof once again that progressives are low information, non-thinking voters!

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oak creek resident

1:04 pm on Friday, September 28, 2012

Don't bother with mornin mist, its brain is totally fried. It is a societal leach and hates anything that is successful or hard working.

It and its ilk are a cancer upon society, and in a Darwinian environment it would die out in one or two generations. Only liberal handouts enable it and its ilk to survive.

Disgusting hey?

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Greg

1:29 pm on Friday, September 28, 2012

Hoffa,
"No worries - this is just Supreme Court code for 'the Court of Appeals will uphold the law"
B-I-N-G-O...The GAB requested that the Court not take up the case prior to the elections. If the case had no legs, there would have been no reason to delay shooting it down.

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Dirk Gutzmiller

6:49 pm on Friday, September 28, 2012

morningmist - Gee that is a good but devilish idea. Some commenter with dubious ideas could applaud himself by getting another Patch ID and following up his poor comments for which he has some remorse in posting, generating a positive comment.

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Dirk Gutzmiller

6:53 pm on Friday, September 28, 2012

oak creek resident is a Darwinian? God is gonna get him for that. God protects the weak and friendless, and oak creek resident owes a whole lot to God for that.

Greg

1:20 pm on Friday, September 28, 2012

This is the typical person that the Democrats are trying to "protect". They can get out to get "a free phone (or "fo", in this case)" but they can't get a free I.D. to vote.
http://www.youtube.com/watch?v=tpAOwJvTOio

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Jay Sykes

2:03 pm on Friday, September 28, 2012

Geez Greg, I thought I was watching an Infomercial. The only thing missing was the phone number:

-Call 1-800-622-6236-
-Available now, the Obamafo-
-Operators on duty,standing by, to accept your order-
-That number again, 1-800-O-B-A-M-A-F-O. 'toll free'
-CALL NOW and get two, yes two, for the price of NONE-
-Supplies are Unlimited-

Pat Shane

2:25 pm on Friday, September 28, 2012

There is nothing wrong with requiring an ID to vote.

HOWEVER

There IS something wrong with implementing this new law 9 months before a presidential election. If voter fraud was so rampant in the last election, why didn't the GOP rush to pass this law immediately after the 2008 election? Wait until the 2016 election to impose this, that way it will give people 4 years to get their act together, and THEN you can give them the 'you have no excuse' treatment.

Watch the video and sign the petition to end Voter Suppression.

http://www.youtube.com/watch?v=L9TjVsQa57c

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CowDung

2:55 pm on Friday, September 28, 2012

The GOP has been trying for the past several years to pass this law. Doyle vetoed it three times...

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James R Hoffa

3:38 pm on Friday, September 28, 2012

Obviously, Pat Shane hasn't been paying very close attention!

Dirk Gutzmiller

2:56 pm on Friday, September 28, 2012

Getting an ID at the DMV is easy as pie. Just gather appropriate proof of residency/citizenship:

•Proof of name and date of birth, for example, a certified U.S. birth certificate, valid passport or certificate of naturalization.
•Proof of identity (usually a document with a signature or photo).
•Proof of Wisconsin residency.
•Proof of U.S. citizenship, legal permanent resident status, legal conditional resident status or legal temporary visitor status.
•Your social security number.
Hop on at least a couple of buses in any weather and spend an hr. getting there, take off work because the DMV has restricted hours, fill out the forms and wait in the long line, and spend an hr. and two buses getting back to work. The bus trips cost $4. You got docked 3 hrs. for not being at work, or paid a babysitter.. You may have to repeat process if all documentation was not brought.

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CowDung

2:59 pm on Friday, September 28, 2012

Perhaps the Dems should use the same resources they use for voter registration/voting drives to help people get IDs for voting if they are truly worried about people being able to obtain proper ID. If they can drive people to the polling places, they should be able to get them to the DMV...

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Greg

3:06 pm on Friday, September 28, 2012

I may have to take off of work, take the bus, stand in line....etc. to vote. Easy as pie.

I want to be able to vote where and when I want, or I am being disenfranchised.

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Dirk Gutzmiller

3:14 pm on Friday, September 28, 2012

Greg - Go ahead and give it a test shot getting to DMV on public tranportation, and back, and finding all that proof. You are a devoted citizen in your mind, hit the street and give it the acid test. Have you ever ridden public transportation, except an airline?
Easy in that big gas guzzler driving to DMV from Hooterville.

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Dirk Gutzmiller

3:19 pm on Friday, September 28, 2012

C.D. - As a concerned citizen, can we borrow your Buick? But honestly, if voter ID becomes a reality, that will be the next big mobilization, getting several hundred thousand people to the DMV, or get mobile DMV units working. More taxpayer money spent on voter ID cards by the ton, and all those government workers needed.

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CowDung

3:42 pm on Friday, September 28, 2012

I'd be happy to see that sort of mobilization. They should be doing that now instead of fighting against the voter ID law. The money being spent to fight the battle against the bill could easily buy IDs for those without...

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James R Hoffa

3:44 pm on Friday, September 28, 2012

@Dirk -

What's truly comical is that all but one of the individual plaintiffs in the lawsuit challenging the voter ID as unconstitutional were able to secure a free ID fairly easily. The one plaintiff who didn't was in the process of going through the steps, but then gave up when they heard that the lawsuit was being filed.

Must not be that difficult to obtain a free ID if they couldn't even find a single person for the lawsuit that was actually denied a free ID after going through all the steps to secure one!

Care to try again?

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jbw

3:55 pm on Friday, September 28, 2012

Yeah, I've been there, done that, stupid bus transfers and all. Fortunately, you only need to set aside one day a single time to do this, and then show up to renew the thing (a much simpler process) once every 4-8 years.

Setting the bar at a few dollars and a few hours of your time one day in your life seems a little low to me to fuel total outrage. The act of voting itself burdens me with greater expense and inconvenience - especially when we have to replay elections due to frivolous recall attempts.

I'll let you in on a little secret - if you actually attempt to live a life, you will encounter thousands of inconveniences and expenses that are each far greater than this one. By your logic it sounds as though we should not require a drivers license to operate a vehicle, since it requires not only these items above but also passing several inconvenient tests. I expect to see the lawsuits to abolish drivers licenses and vehicle registration any day now.

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Dirk Gutzmiller

5:26 pm on Friday, September 28, 2012

Hoffa -
Gather the documentation and take that bus, or buses. You may have to walk a distance to even to find a bus. Bus service was cut drastically by Walker. I think you can well read the requirements and surmise the difficulties in getting an ID for many individuals. How pompous and self-absorbed to judge that others should struggle for their rights. while you nonchalantly drive that Cadillac Beastmobile to the DMV and polls.

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Dirk Gutzmiller

5:43 pm on Friday, September 28, 2012

jbw - So what inconveniences do you endure going to the DMV and to vote? Easy to judge others. The Constitution does not state anything about needing to jump through hoops to vote if you do not drive. You give out your little Sunday School lesson on undergoing inconveniences through life, like you have had a real hard time out in that gated community out in Exurbia. Give me a break.

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James R Hoffa

5:55 pm on Friday, September 28, 2012

@Dirk -

If it's so hard for people to get to the DMV, as you claim, then how are they able to get to the polls? Or get to the grocery store? Or get to the welfare office? Etc?

As a true liberal, Hoffa realizes that you expect the government to assistance people in getting their ID, in voting, in wiping their own asses, etc. But come on - let's be realistic here.

The fact is that when it came time to file the lawsuit, they couldn't find a single person who tried to obtain a free ID and were denied. That's what Hoffa calls an EPIC FAIL!!!

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James R Hoffa

6:28 pm on Friday, September 28, 2012

BTW Dirk, you of all people should love Cadillacs - made with pride by the UAW in the USA!

Steve Ebbie

4:37 pm on Friday, September 28, 2012

Fear is the only thing that the Republican party can run on.

Fear of stolen votes
Fear that Obama is going to take away your guns
Fear that regulations for clean water air and land will hurt jobs
Fear that a woman can not make her own health decision
Fear that all taxes are evil
Fear of the very government that makes sure their food is safe, streets are plowed, garbage is picked up, parks are maintained...

I watch FOX. Listen to Charlie, Rush and the lot. It's depressing. These are entertainers looking to drive fear to increase their bottom line.

This is not my dads Grand Old Party. It has been taken over by over zelous no government driven fanatics who don't want government involvement unless it involves them.

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Greg

4:45 pm on Friday, September 28, 2012

You forgot fear that they don't know what their kids should eat for lunch.

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CowDung

4:48 pm on Friday, September 28, 2012

It seems to me that the left is doing a pretty comparable job of fear mongering themselves.

Fear that voters will be disenfranchised.
Fear that Republicans will end Medicare.
Fear that Republicans will end Social Security.
Fear that weak unions will mean a return of slave labor.
Fear that real teacher evaluations will destroy our schools.
Fear that the 'Randian extremists' will destroy the economy.
Fear that the US will become a theocracy.
etc...

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James R Hoffa

4:51 pm on Friday, September 28, 2012

@Steve Ebbie -

Hoffa doesn't watch Fox, listen to Charlie, Rush, or the lot, and doesn't buy into your BS.

No one fears stolen votes - it's a desire to secure the integrity of our elections.

No one fears Obama - it's a dislike of his record, policy and ideological positions.

No one fears that environmental regulations will hurt jobs - it's a desire to keep regulations reasonable and at the absolutely minimum to accomplish the true objective of the regulations without stifling or unduly burdening economic activity and growth.

No one fears that a woman cannot make her own health care decisions - it's a desire to protect the life that cannot act to protect itself.

No one fears taxes or government - it's a desire for limited government and responsible government spending.

You're problem is that you listen to too much MSNBC, Current TV, Daily Kos, ThinkProgress, MoveOn.org, etc. and actually believe in the propaganda and rhetoric of a war on women, class warfare, plutocracy, evil Koch Bros, etc. These are entertainers looking to drive fear to increase their bottom line!

That is not my grandparents' Democratic Party. It has been taken over by zelous big government/nanny state/ideological socialist fanatics who don't like individual freedom or taking personal responsibility for one's own actions in life, and instead expect and prefer government to pay their way through life.

See how that works both ways?

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Pj

8:45 pm on Friday, September 28, 2012

You should fear another four years of Obama, you havn't seen nothin yet. These last four yrs have just been a warm up session.

Mike in OC

8:55 pm on Friday, September 28, 2012

just another ploy by the dems to control the vote..... bunch of thieves.... led by chris larson... when can we make dane county it's own separate country?

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vocal local 1

5:16 am on Saturday, September 29, 2012

You’re all out in the cold. I don't have a problem with voter ID law IF our legislators would also pass mandatory voting requirements. Australia has mandatory voting requirements. Vote or pay a ticket or go to jail. The Republicans wish to pass voter ID requirements to prevent random voters from voting to their gain. We need to adopt mandatory voting requirements and then the silent majority will be heard as they will be forced to participate and the country will move forward. I'd also like to see term limits so that we don't have these career politicians feeding at the trough and doing nothing not even living in their districts as many currently are getting away with. Lots of fixes just that neither party wants to create an equal battlefield.

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John Wilson

5:10 pm on Tuesday, October 2, 2012

The ever bloviating JRH announced several weeks ago that Mr. Van Hollen would prevail, he just knew it!

This is (2) in the WRONG column as of this date.

1) ACA would be declared unconstitutional
2) Van Hollen would prevail with his “stay”

Van Hollen issued a statement shortly after the decision was made public:
"The Voter ID law protects the integrity of our elections. Injunctions entered by circuit court judges, acting alone, have already kept this law from being applied in several important elections over the past year.
I am very disappointed that the Supreme Court has failed to act by denying the motions to consolidate these actions, bypass the Court of Appeals, and stay the injunctions against the Voter ID law."

The result is that the injunctions against the Voter ID law remain in effect and will, in all likelihood, be in effect for the upcoming November elections.

I wonder what will be (3), perhaps the election on November 6?

In moving FORWARD, let us all keep our eyes and ears tuned to real voter fraud: THE REGISTRATION VOTER FRAUD in FLORIDA which the GOP PAID 3M for!

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