A Dane County judge denied a motion Tuesday to delay the effect of his ruling that bars the enforcement of photo ID requirements of the state voter ID law.
Circuit Judge Richard Niess declined to stay his ruling, writing in a three-paragraph decision that because he found the law to be unconstitutional, "it is as if it never existed," Niess wrote. "It is no law at all."
He added that there can be no justification for enforcing the unconstitutional photo ID requirements that is consistent with the rule of law. The delay was sought by the state Department of Justice, which is representing Gov. Scott Walker and the state Government Accountability Board. The case was brought by the League of Women Voters of Wisconsin.
In a separate case on Monday that also involves the photo ID requirement, the DOJ asked a state appeals court to stay the enforcement of a temporary restraining order issued by Dane County Circuit Judge David Flanagan. The motion, in the lawsuit brought by the Milwaukee Branch of the NAACP and Voces de la Frontera, was filed in the Waukesha-based District 2 state Court of Appeals.