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The state argued before the court that Act 23 will deter or prevent voter fraud by making it "harder to impersonate a voter and cast a ballot in his or her name without detection." Adelman rejected this claim, stating "because virtually no voter impersonation occurs in Wisconsin and it is exceedingly unlikely that voter impersonation will become a problem in Wisconsin in the foreseeable future, this particular state interest has very little weight.

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Section 2 of the Voting Rights Act, which prohibits states from imposing or applying "any voting qualification or prerequisite to voting or standard, practice, or procedure" that "results in a denial or abridgement of the right of any citizen of the United States to vote on account of race or color"