OSU Navigation Bar

Election Law @ Moritz Home Page

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 16-3003, 16-3052)

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:

District Court Opinion and Order issued 10/19/2015. Appellants' Briefs on appeal in 7th Circuit filed 12/28/15. Appellee's brief in 7th Circuit filed 1/26/16. 7th Circuit Court of Appeals opinion reversing District Court filed 4/12/16. District Court decision and order on remand in favor of plaintiffs filed 7/19/16. District Court Order Denying Stay Pending Appeal filed 7/29/16. 7th Circuit Order Granting Stay Pending Resolution of Appeal filed 8/10/16. Emergency Petition for Rehearing filed 8/11/16. 7th Circuit Order Denying Motion for Reconsideration filed 8/15/16. 7th Circuit Order Denying Initial En Banc Hearing filed 8/26/16. Appellants' Brief and Appendix filed 8/31/16. Appellees' Brief and Short Appendix filed 9/30/16. Oral Argument rescheduled for 2/24/17.

 

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

7th Circuit Court of Appeals Documents (first appeal)

 

7th Circuit Court of Appeals Documents (second appeal)

U.S. Supreme Court Documents

Commentary

Edward B. Foley

Flagging Online Falsehoods

Edward B. Foley

A remedy for foreign disinformation attacks

more commentary...

In the News

Edward B. Foley

How states can fix the Electoral College and prevent future Trumps

An op-ed written by Professor Edward Foley about repairing the Electoral College was published in USA Today.

“The imperative is to prevent another president who wins the White House without really winning the support of the electorates in the states that determine the outcome,” Foley writes. “The Founding Fathers would see that as a subversion of the Electoral College system. So should we.”
 

more EL@M in the news...

Info & Analysis

Sixth Circuit Reverses Dismissal of Ohio ADA Case Alleging Discrimination Against Blind Voters

In an opinion released today, a three-judge panel of the Sixth Circuit Court of Appeals reversed the decision of the district court dismissing a lawsuit alleging that Ohio\'s absentee voter system discriminates against blind voters. According to the panel, the district court accepted Ohio Secretary of State John Husted\'s \"fundamental alteration\" defense without any evidentiary support. The case, Hindel v. Husted, was remanded to the district court for further proceedings.

more info & analysis...