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Election Law @ Moritz

Election Law @ Moritz


Litigation

 

League of Women Voters of Wisconsin v. Walker

Case Information

Date Filed: October 20, 2011
State: Wisconsin
Issue: Voter ID
Courts that Heard this Case: Dane County Circuit Court (Case 11CV4669); Wisconsin Court of Appeals, District IV (Case 2012AP584); Wisconsin Supreme Court (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. Defendant's brief filed in Court of Appeals 5/25/12. Intervenor's brief filed 7/10/12. Plaintiffs' brief filed 8/20/12. Defendant's Petition to Bypass Court of Appeals and Motion for Stay filed in Wisconsin Supreme Court 8/21/12. Order denying motion to bypass filed 9/27/12. Court of Appeals opinion reversing trial court decision filed 5/30/13. Petition for Review filed 6/28/13. Petitioners' Brief in Wisconsin Supreme Court filed 12/20/13. Defendants-Appellants filed 1/17/14. Response Brief of Intervenors-Co-Appellants filed 1/17/14. Plaintiffs-Respondents-Petitioners' Reply Brief filed 2/6/14. Supreme Court opinion affirming court of appeals and upholding voter ID law filed 7/31/14.

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

Dane County Circuit Court Documents

Court of Appeals Documents

Wisconsin Supreme Court Documents

 


Commentary

Edward B. Foley

The Electoral Fix We Really Need

Edward B. Foley

The Electoral College winner should be the majority choice in each state that counts towards that Electoral College victory.

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In the News

Edward B. Foley

Gerrymandering Is Headed Back to the Supreme Court

Professor Edward Foley was requoted in Mother Jones about a gerrymandering case in Wisconsin on its way to the Supreme Court. Other legal actions on partisan gerrymandering in Maryland and in North Carolina may be bound for the Supreme Court as well.

While previous Supreme Court cases have noted that partisan gerrymanders are “incompatible with democratic principles,” The New York Times originally reported, the court has never officially struck a case down. While it remains unseen how the Supreme Court will rule in the upcoming cases, a 2004 ruling from a previous gerrymandering case could play a pivotal role in how the court stands in the future. 

“The ordered working of our Republic, and of the democratic process, depends on a sense of decorum and restraint in all branches of government, and in the citizenry itself,” Justice Anthony M. Kennedy wrote in 2004. Kennedy’s statement is “the most important line” in the decision, Foley told The New York Times, adding,  “He’s going to look at what’s going on in North Carolina as the complete absence of that. I think that helps the plaintiffs in any of these cases.”


 

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Info & Analysis

Three-Judge Panel Finds Voting Rights Act and Constitutional Violations in Creation of Texas House of Representatives Districts

A little over a month after ruling that Texas\' Congressional redistricting plan violated the Voting Rights Act and the U.S. Consistution, a three-judge panel similarly ruled (2-1) with regard to the creation of Texas\' state-level House of Representatives districts. The court issued a 171-page order in which it ruled for the state on some claims. The court also made separate findings of fact. The case is Perez v. Abbott.

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