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Election Law @ Moritz

Election Law @ Moritz


Litigation

 

Frank v. Walker

Case Information

Date Filed: December 13, 2011
State: Wisconsin
Issue: Voter ID
Current Court: US Court of Appeals for the Seventh Circuit (Case 14‐2058)

Issue:

Whether Wisconsin voter ID legislation is unconstitutional as applied to certain classes of eligible Wisconsin voters; more specifically, whether the legislation unduly burdens the fundamental right to vote under the Equal Protection Clause, violates the Twenty-Fourth and Fourteenth Amendments as an unconstitutional poll tax, and violates the Equal Proection Clause in arbitrarily refusing to accept certain identification documents.

Status:

Complaint filed 12/13/11. Motion for Preliminary Injunction and Motion for Class Certification filed 4/23/12. Trial postponed until Spring 2013. Trial held in November 2013. Post hearing briefs due 12/20/13. Defendant Post-Trial Brief filed 12/22/13. Plaintiff's Amended Post-Trial Brief filed 1/16/14. Decision and Order striking down voter ID law filed 4/29/14. Notice of Appeal filed 5/12/14. Appellants' Brief filed 6/23/14. Appellees' Frank Brief filed 7/23/14. LULAC's Brief filed 7/23/14. Frank Appellees' Brief filed 7/23/14. 7th Circuit order granting stay filed 9/12/14.

 

Appeal consolidated with LULAC v. Deininger for purposes of briefing and disposition.

See related Wisconsin voter ID cases: LULAC v. Deininger, League of Women Voters of Wisconsin v. Walker, and Milwaukee Branch of the NAACP v. Walker

District Court Documents

 

Circuit Court of Appeals Documents

Related News

 

Commentary

Edward B. Foley

Ohio Early Voting Case: A Potential Precedent-Setter

Edward B. Foley

Today’s federal district court ruling in the Ohio early voting lawsuit will set a major precedent of nationwide significance if its novel legal theory is sustained on appeal.

more commentary...

In the News

Daniel P. Tokaji

Ohio treasurer receives OK to host town halls

Professor Daniel Tokaji was quoted in an article from the Associated Press about an attorney general opinion that allows the Ohio treasurer to conduct telephone town halls using public money. The opinion will likely have broad ramifications for the upcoming elections, Tokaji said.

“As a practical matter, while that legal advice is certainly right, very serious concerns can arise about whether these are really intended to inform Ohio constituents about the operations of his office or if they’re campaign events,” he said.

more EL@M in the news...

Info & Analysis

Seventh Circuit Order Permits Wisconsin's Voter ID Law to Take Effect

Today, the U.S. Court of Appeals for the Seventh Circuit granted a stay in two cases, allowing Wisconsin's voter ID law to become effective for the upcoming November elections. The cases are Frank v. Walker and LULAC v. Deininger.

more info & analysis...