Last Updated: April 25, 2012 at 6:04 PM
League of Women Voters of Wisconsin v. Walker
Case Information
Date Filed: October 20, 2011
State: Wisconsin
Issue: Voter ID
Current Court: Wisconsin Court of Appeals, District IV (Case 2012AP584)
Issue:
Whether Wisconsin statute requiring voters to produce photo ID at the polls is constitutional.
Status:
Complaint filed 10/20/11. Defendant's motion to dismiss amended complaint filed 1/27/12. Plaintiff's motion for summary judgment filed 2/3/12. Decision and Order Granting Summary Declaratory Judgment and Permanent Injunction filed 3/12/12. Court of Appeals Certification of appeal for review by Wisconsin Supreme Court 3/28/12. Wisconsin Supreme Court's denial of petition for leave to appeal 4/16/12.
See related Wisconsin voter ID cases: Milwaukee Branch of the NAACP v. Walker, Frank v. Walker, and Jones v. Deininger
Dane County Circuit Court Documents
- Complaint
(filed 10/20/11) - Defendant's Notice of Motion and Motion to Dismiss (filed 12/5/11)
- Defendant's Brief in Support of Motion to Dismiss (filed 12/5/11)
- Plaintiff's Brief in Opposition to Motion to Dismiss (filed 12/23/11)
- Defendant's Reply Brief on Motion to Dismiss (filed 1/10/12)
- Amended Complaint (filed 1/24/12)
- Defendant's Motion to Dismiss Amended Complaint (filed 1/27/12)
- Defendant's Brief in Support of Motion to Dismiss Amended Complaint (filed 1/27/12)
- Defendant's Answer to Amended Complaint (filed 1/30/12)
- Revised Amicus Brief of Wisconsin Democracy Campaign (filed 2/2/12)
- Plaintiff's Brief in Support of Motion for Summary Judgment (filed 2/3/12)
- Plaintiff's Response to Defendant's Motion to Dismiss Amended Complaint (filed 2/3/12)
- Amicus Brief of Dane County (filed 2/15/12)
- Defendant's Brief in Opposition to Plaintiff's Motion for Summary Judgment (filed 2/16/12)
- Plaintiff's Reply Brief in Support of Motion for Summary Judgment (filed 2/23/12)
- Decision and Order Denying Defendant's Motion to Dismiss (filed 3/5/12)
- Decision and Order Granting Summary Declaratory Judgment and Permanent Injunction (filed 3/12/12)
- Order Denying Stay (filed 3/20/12)
Court of Appeals Documents
- Motion for Stay of Permanent Injunction Pending Appeal (filed 3/22/12)
- Certification of Appeal for Review by Wisconsin Supreme Court (filed 3/28/12)
Wisconsin Supreme Court Documents
- Order Denying Petition for Leave to Appeal (filed 4/16/12)
PDF files in this site require
Commentary
Provisional Ballots, Consent Decrees, and the Balance Between the Federal and State Governments
Owen Wolfe
A recent mandamus action filed by the Ohio Senate President and House Speaker Pro Tempore to require the Ohio Secretary of State to rescind directives issued in response to a consent decree issued in a federal case dealing with counting provisional ballots raises questions about the mechanics of state election law, the Fourteenth Amendment of the U.S. Constitution, the relationship between federal and state courts, the law of consent decrees, and more. I have attempted in this article to grapple with these issues in a fair and unbiased manner. Given the complexity of this problem, however, these matters are open to a variety of interpretations and this is just one approach. I hope, however, that this article can provide a useful starting point for a discussion about the future of provisional voting in Ohio and in the nation at large.
This paper is a first look by a student member of the Election Law @ Moritz team and reflects one possible perspective on the issue. Stay tuned, as more analysis from the team will follow as the litigation develops. Owen Wolfe is affiliated with the Ohio Democratic Party and the Obama ’12 campaign, but is not in any way associated with any litigation team working on this case. EL@M has posted the document because we believe it has public value and adds to the discourse on this topic.
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