Dane County Circuit Judge David Flanagan file photo

Dane County Circuit Court Judge David Flanagan.

judgeflanagan.com

A Dane County judge who issued the first of two rulings this month that suspended or overturned the photo ID requirements in the state's voter ID law said Thursday that he will not place his ruling on hold until a trial in April.

Circuit Judge David Flanagan, who suspended the photo ID requirements in a ruling on March 7, wrote in an order Thursday that state Department of Justice lawyers had not shown the likelihood that their appeal of his ruling would succeed.

The DOJ, which represents Gov. Scott Walker and the state Government Accountability Board in the case, has said it plans to appeal Flanagan's March 7 ruling. On Monday, in a separate lawsuit, Dane County Circuit Judge Richard Niess issued a permanent injunction barring implementation of the photo ID requirements of the law. State Attorney General J.B. Van Hollen said the DOJ will also appeal Niess' ruling.

Flanagan wrote that the DOJ had not presented sufficient additional evidence that contradicts or undercuts evidence he heard at a hearing on March 1.

He also wrote that the DOJ erred in its assertion that his ruling was in conflict with a U.S. Supreme Court ruling in an Indiana case having to do with a photo ID requirement.

That case was a challenge based on the U.S. Constitution, Flanagan wrote, not on Wisconsin's constitution, the basis of his ruling. That decision, he wrote, "does not consider what is permitted or what is protected by the Wisconsin constitution and thus it has little or no useful application in this matter."

In its motion asking that Flanagan stay his ruling, DOJ did not raise Flanagan's signature on a Walker recall petition as an issue, and Flanagan did not address it in his three-page ruling.

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