MADISON (WKOW) -- Wisconsin's Attorney General wants the State Supreme Court to decide the issue of Voter ID once and for all.
But they likely won't have the final say, because of a separate case being heard in federal court.
On October 10th in Milwaukee, U.S. Judge Lynn Adelman will hear the American Civil Liberties Union's motion for a preliminary injunction to stop Wisconsin's Voter ID law.
If Judge Adelman grants that injunction, it would make any action by the Supreme Court, moot.
Attorney General J.B. Van hollen announced Tuesday that he is asking the Supreme Court to take two separate Voter ID cases out of the state appeals courts, consolidate them, and then reinstate the law for the November general election.
Sen. Ron Johnson (R-Wisconsin) says its about time.
"This has been ruled constitutional in other states," said Sen. Johnson. "I see no reason why its unconstitutional in Wisconsin. I'm glad its moving forward...should have really moved forward quite honestly before the recall."
The Supreme Court refused to take up the case in May, because it was so close to the recall. And the attorney representing the Wisconsin League of Women Voters, in one of the state cases, says he doesn't see why they would take it up now.
"There isn't any reason why the Supreme Court would feel compelled really, about six to eight weeks before a presidential election, to all of a sudden to involve itself in a case that it chose in May not to do so," said Attorney Lester Pines.
Even if the Supreme Court does take the case and lift the injunction, it may not matter, because of the hearing in the ACLU case that is set for October 10th.
"The very high likelihood, based on the facts that have been presented to Judge Adelman, is that he will issue an injunction," said Pines.
If that happens, the injunction would keep Voter ID off the table for November 6th, unless a federal court of appeals in Chicago were to hear the case before then.
"I think Voter ID should be in place before the election, if that occurs the day before the election, fine," said Sen. Johnson.
But that scenario is essentially impossible, because municipal clerks in Wisconsin must start making absentee ballots available to voters at least 47 days before any national election.
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