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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

Trump Calls for Voter Fraud Probe: A Look at Past Inquiries

Professor Edward Foley was quoted in Voice of America about President Donald Trump’s plans to launch a “major investigation” into voter fraud. Trump claims he lost the popular vote because as many as 5 million non-U.S. citizens may have voted illegally.

“As I understand the latest allegations, somewhere between 3 to 5 million improper ballots were cast this past November nationwide, which Trump claims accounts for why Hillary Clinton won the popular vote,” Foley said. “Even if there were 3 to 5 million invalid votes nationwide, we can’t jump to the conclusion that the election result was tainted, because we don’t know who they voted for.”

The odds of a non-U.S. citizen successfully casting a ballot are “extremely low, extraordinarily low,” according to Foley. Instances in which invalid ballots are cast or when voters’ names appear on multiple state voter rolls also don’t necessarily indicate voter fraud either, he added.

“Just because a ballot was cast that was invalid, which is a problem, doesn’t necessarily mean there was a conspiracy to commit voter fraud,” Foley said. “Fraud is a pejorative term that implies intentional deception and manipulation, as opposed to there being mistakes in voter registration lists.”
 


 

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Info & Analysis

U.S. District Judge Rules that Ohio Voter Services Website Violates ADA

A U.S. District Judge issued an opinion finding that the Ohio Secretary of State\'s voter services website violates Title II of the Americans with Disabilities Act because it is not accessible to visually impaired Ohio voters. Judge George C. Smith ordered Secretary of State John Husted to make the site more accessible by September 29, 2017. As discussed in the opinion, the information on the voter services site does not meet established standards of accessibility for visually impaired voters who use screen reading software. The case is Hindel v. Husted.

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