may 22, 2016 supplemental disclosure allan...

One Wisconsin Institute, Inc. et al. v.

Judge Gerald C. Nichol, et al.

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WISCONSIN

Case No.: 15-cv-324

May 22, 2016

SUPPLEMENTAL DISCLOSURE

ALLAN J. LICHTMAN

Case: 3:15-cv-00324-jdp Document #: 192 Filed: 05/22/16 of 12

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This supplemental disclosure relates to additional information on the free ID process,

with a focus on the IDPP process. It also relates to the recent “emergency rule” regarding petitions and the “receipts” for voting that were issued to petitioners. It includes data received from the state through May 13, 2016. As I noted in my Response Report of February 16, 2016, “I reserve my right to update and expand upon my analysis once the State has produced full documentation regarding voters who have been required to go through the process for obtaining free IDs.” (p. 1)

This supplemental disclosure relates to all of Plaintiffs’ claims involving the free ID

process. It is relevant to my intent analysis because it was predictable at the time Act 23 was enacted, and at the time of the implementation of the IDPP process as a result of the Wisconsin Supreme Court decision, that the process would have a disparate impact upon minorities. First, based on common knowledge and information readily available at the time of the enactment of Act 23 in 2011 and the implementation of the petition process in 2014, minorities as compared to whites had substantially lower incomes, educational completion levels, and mathematics and English proficiency. Minorities also had substantially less access to vehicles and telephones and less stability as home owners. In addition, minorities had significantly more health issues and much higher levels of poverty. Second, based on common knowledge and information readily available when Act 23 was enacted and in the years since, minorities for several reasons -- lower incomes, less access to vehicles, and urban concentration -- are especially impacted by an ID process targeted at voters who do not already have driver’s licenses. Third, also based on common knowledge and information readily available in 2011 and since, minorities as compared to whites were much more likely to have been born outside the state and in the south, Puerto Rico, and Illinois (especially Cook County). These are jurisdictions that pose special problems in obtaining the needed documentation for free voter ID cards.

The information in this disclosure also further rebuts Dr. M. V. Hood, III, who stated in

his Report, “It is clear that the no-cost state ID program is acting to alleviate any such disparity.” (Hood Report, pp. 31-32). I addressed Dr. Hood’s claim in my Rebuttal Report, see Lichtman Rebuttal Expert Report at 12-20, but additional information produced by the state since then provides additional support for my conclusions.

The following incorporate the disclosures for my testimony, with attachments added: * Flow chart from the state demonstrating the complexity of the free ID process,

particularly for petitioners. * Table demonstrating racial disparities between persons entering the petition process and

the citizen voting age population of Wisconsin. * Table demonstrating racial disparities between petition denials and the citizen voting

age population of Wisconsin. * Table demonstrating racial disparities between petition denials and approvals.


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* Table demonstrating racial disparities between petition suspensions and cancellations and approvals.

* Table demonstrating preponderance of place of birth of petitioners in Illinois and the

former Jim Crow South. * Table from U. S. Census demonstrating racial disparities in places of birth outside

Wisconsin. * Table demonstrating racial disparities in the issuance of free ID cards. * Several summary tables from which the above tables were derived. PX340, PX341,

PX342, PX345. (I have not attached copies of these tables because they contain confidential information and they were previously lodged with the Court and provided to the State).

* DMV letter to petitioners, documenting voter confusion and lack of resolution for

petitioners lacking approval, May 13, 2016, with enclosed “receipt” allowing petitioners to vote for the next 60 days (subject to renewal). This document has been marked PX445 and is not attached because it contains confidential information.

* State Emergency Rule, PX342, approved May 10, 2016, demonstrating confusion and

lack of resolution of problems with petition process. * The implications of Wisconsin’s proof of citizenship requirements and their differences

with federal requirements as per depositions and federal requirements.

* I will also be drawing generally on deposition testimony given after the completion of my Rebuttal Report.


ATTACHMENTS


PX472-001


IDPP Petitions By Race: All Petitioners Compared to Citizen Voting Age Population

Race Number Percent

Percent in Citizen

Voting Age Population

Percentage Point

Difference

Percent Difference

White 277 28.2% 88.0% -59.8% -68% Black 548 55.9% 5.8% +50.1% +864%

Hispanic 97 9.9% 3.2% +6.7% +209% Asian 6 0.6% 1.4% -0.8% -57% Native 15 1.5% 0.4% +1.1% +275%

Unknown 38 3.9% NA NA NA Total 981

Total Minority 666 67.9% 12.0% +55.9% +466%

Data on petitioners provided by Wisconsin, DMV as of April 19, 2016. Citizen Voting Age Population date from U. S. Census, American Community Survey, 2010-2014, https://www.census.gov/rdo/data/voting_age_population_by_citizenship_and_race_cvap.html

PX474-001


IDPP Petition Action Status By Race: Denials Compared to Citizen Voting Age Population

Race Number Percent

Percent in Citizen

Voting Age Population

Percentage Point

Difference

Percent Difference

White 9 14.8% 88.0% -73.2% -83% Black 44 72.1% 5.8% +66.3% +1,143%

Hispanic 7 11.5% 3.2% +8.3% +259% Native 1 1.6% 0.4% +1.2% +300% Total 61

Total Minority 52 85.2% 12.0% +73.2% +610%

Data on denials provided by Wisconsin, DMV as of May 13, 2016. Citizen Voting Age Population data from U. S. Census, American Community Survey, 2010-2014, https://www.census.gov/rdo/data/voting_age_population_by_citizenship_and_race_cvap.html

PX475-001


IDPP Petition Action Status By Race: Denials Compared to Approvals

Denials Approvals

Race Number Percent Number Percent Percentage

Point Difference

Percent Difference

White 7 12.1% 78 27.6% +15.5% +128% Black 43 74.1% 159 56.2% -17.9% -24%

Hispanic 7 12.1% 28 9.9% -2.2% -18% Native 1 1.7% 4 1.4% -0.3% -18% Asians 0 0% 1 0.4% +0.4% NA

Unknown 0 0% 13 4.6% +4.6% NA Total 58 283

Total Minority 51 87.9% 192 67.8% -20.1% -23%

Data provided by Wisconsin, DMV as of April 19, 2016.

PX476-001


IDPP Petition Action Status By Race: Suspensions & Cancellations Compared to Approvals

Suspensions & Cancellations Approvals

Race Number Percent Number Percent Percentage

Point Difference

Percent Difference

White 14 18.4% 78 27.6% +9.2% +50% Black 46 60.5% 159 56.2% -4.3% -7%

Hispanic 10 13.2% 28 9.9% -3.3% -25% Native 0 0% 4 1.4% +1.4% NA Asians 3 3.9% 1 0.4% -3.5% -89.7%

Unknown 3 3.9% 13 4.6% +0.7% +18% Total 76 283

Total Minority 59 77.6% 192 67.8% -9.8% -13%

Data provided by Wisconsin, DMV as of April 19, 2016.

PX477-001


IDPP Petitions by Place of Birth

IDPP Petitions Number & Percent All Petitions 988 Born in Illinois 304 Percent of Petitioners Born in Illinois 30.8% Born in Mississippi 64 Percent of Petitioners Born in Mississippi 6.5%

Born in former Jim Crow South* 205 Percent of Petitioners Born in former Jim Crow South 20.7% Percent of Petitioners Born in Illinois or former Jim Crow South 51.5%

* Southern and border states that had de jure segregation at the time of Brown v. Board of Education

Source: Compiled from DMV Documents Produced to Plaintiffs Through April 19, 2016.

PX478-001


Place of Birth by Race, Wisconsin

Group % Born Out-of-State

% Born in South

% Born Puerto Rico

Non-Hispanic White 22.4% 2.4% <.1% Non-Hispanic Black 37.5% 17.6% <.1% Difference With Whites Percentage Points +15.1% +15.2% NA Difference With Whites in Percent +67% +633% NA Hispanic 19.3% 5.4% 4.4% Difference With Whites Percentage Points -3.1% +3.0% +4.4% Difference With Whites in Percent -14% +125% NA

Source: United States Census, American Community Survey, 2010, 5-Year Estimates.

PX479-001


Free State ID cards Issued for Purposes of Voting by Race/Ethnicity

July 2011 through April 2016

Race/Ethnicity Original % Duplicate % Renewal % Reissue White 74615 58.32% 77518 34.79% 37813 54.97% 17 Black 35934 28.09% 117155 52.58% 23018 33.46% 40 Hispanic 11761 9.19% 19516 8.76% 5034 7.32% 8 Asian 3002 2.35% 1867 0.84% 773 1.12% 0 American Indian 2626 2.05% 6743 3.03% 2153 3.13% 0

**Total** 127938 222799 68791 65 Source: Data provided by DMV.

PX480-001
