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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

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

Anti-Trumpersí Most Futile Effort Yet to Stop Trump from Being Sworn In

Professor Edward Foley was quoted in Law Newz about efforts to persuade Chief Justice John Roberts to decline conducting Donald Trump’s Oath of Office on Inauguration Day. Even though the U.S. Constitution requires the President to take an oath of office, the the Chief Justice is not required to administer it. It is unlikely that such attempts will prevent Trump from being sworn in, Foley said.

“I think the main point is that the oath doesn’t need to be administered by the Chief Justice,” he said. “After Kennedy’s assassination, a federal district judge in Texas administered the oath to Johnson.”
 

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Info & Analysis

Fourth Circuit Upholds Virginia Voter ID Law

Today, the Fourth Circuit U.S. Court of Appeals affirmed the decision of the district court upholding Virginia\'s voter ID law. The court disagreed with assertions that the law imposed an undue burden on minority voters or was enacted with racially discriminatory intent. The case is Lee v. Virginia Board of Elections.

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