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Election Law @ Moritz

Election Law @ Moritz


Litigation

 

Milwaukee Branch of the NAACP v. Walker

Case Information

Date Filed: December 16, 2011
State: Wisconsin
Issue: Voter ID
Courts that Heard this Case: Dane County Circuit Court (Case 11CV5492); Wisconsin Court of Appeals, District II (Case 2012AP001652); Wisconsin Supreme Court (Case 2012AP001652)

Issue:

Whether Wisconsin statute requiring voters to produce photo ID at polls violates several provisions of the Wisconsin Constitution.

Status:

Complaint filed 12/16/11. Plaintiff's motion for preliminary injunction filed 1/18/12. Answer filed 2/6/12. Order granting motion for temporary injunction issued 3/12/12. Circuit court order denying Motion to Stay 3/15/12. Wisconsin Supreme Court order denying petition for leave to appeal 4/16/12. Trial held in circuit court 4/16/12 - 4/19/12 with decision expected after parties submit trial briefs by 6/18/12. Court of appeals order denying petition for leave to appeal and motion for stay 4/25/12. Permanent injunction issued by Circuit Court 7/17/12. Notice of Appeal filed 7/23/12. 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. Intervenors' Brief filed 10/10/12. Respondents' Brief filed 11/5/12. Intervenors' Reply Brief filed 11/21/12. State's Reply Brief filed 1/14/13. Petition to Bypass granted by Wisconsin Supreme Court 11/20/13 - case to be scheduled with League of Women Voters of Wisconsin v. Walker. Amicus brief of Disability Rights Wisconsin filed 12/13/13. Supreme Court opinion reversing circuit court and upholding voter ID law filed 7/31/14. Order dismissing Motion for Reconsideration filed 10/22/14.

See related Wisconsin voter ID cases: League of Women Voters of Wisconsin v. Walker, Frank v. Walker, LULAC v. Deininger

Dane County Circuit Court Documents

Court of Appeals Documents

Wisconsin Supreme Court Documents

Commentary

Edward B. Foley

When Should a Voter’s “Clerical Error” Invalidate a Ballot?

Edward B. Foley

Not when the state already has enough information to verify the ballot’s validity.

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In the News

Daniel P. Tokaji

An Obscure Ohio State Law Could Shake Up the Republican Convention

Professor Dan Tokaji was quoted in an ABC News article about the Republican Convention:

“It’s entirely imaginable that these kind of controversies will emerge if Donald Trump goes into Cleveland without 1,237,” said Dan Tokaji, an expert in election law at the Moritz College of Law at Ohio State University, referring the number of delegates needed to clinch the nomination. “There’s going to be a furious jockeying for these delegates.”

more EL@M in the news...

Info & Analysis

U.S. District Judge Rules for State in Ohio NVRA Case

In an order issued late yesterday, U.S. District Judge George Smith denied plaintiffs\' motion for summary judgment in a case challenging the removal of voters from the rolls for non-participation in recent elections. Judge Smith ruled that this practice does not violate the National Voter Registration Act (NVRA). He entered final judgment in favor of the defendant, Ohio Secretary of State Jon Husted, clearing the path for a possible appeal to the Sixth Circuit. The case is Ohio A. Philip Randolph Institute v. Husted.

more info & analysis...