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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 Missing Link in Gerrymandering Jurisprudence

Edward B. Foley

The key advance is the ability to identify whether a redistricting map is an extreme outlier in the degree of its partisan bias.

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In the News

Daniel P. Tokaji

A path through the thicket the First Amendment right of association

A post written by Professor Dan Tokaji for SCOTUSblog during their Summer Symposium on Gill v. Whitford was reprinted on ACSblog.

“A constitutional standard for partisan gerrymandering is the holy grail of election law. For decades, scholars and jurists have struggled to find a manageable standard for claims of excessive partisanship in drawing district lines," Tokaji writes. "Most of these efforts have focused on the equal protection clause. But as Justice Anthony Kennedy suggested in Vieth v. Jubelirer, the First Amendment provides a firmer doctrinal basis for challenging partisan gerrymandering.”
 

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Info & Analysis

U.S. Supreme Court Grants Texas\' Request for Stay in Redistricting Case

In two 5-4 votes, the U.S. Supreme Court granted stays in a Texas redistricting case involving Congressional and state house questions, putting on hold the district court\'s orders for the Texas legislature to redraw certain district lines. The stays will be in place until the Supreme Court rules on Texas\' appeal, likely next year. The case is Perez v. Abbott.

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