Major Pending Cases

Election Law Litigation

Van Hollen v. Government Accountability Board

(page last updated February 4, 2009 at 11:24 AM)

Case Information

All Courts: Dane County Circuit Court (Case 2008CV004085); Wisconsin Court of Appeals (Case 2008AP002804)
Topic(s): Voter Registration, State Voter Registration Databases
State: Wisconsin
Date Filed: September 10, 2008

Issue:

Whether the Wisconsin Government Accountability Board (GAB) has met its obligations to bring Wisconsin into compliance with state and federal election laws, including the Help America Vote Act (HAVA). Specifically, the Attorney General is seeking to require that the GAB run HAVA checks on voter registrations received prior to August 6, 2008.

DISCLOSURE

Status:

Case dismissed by trial court on 10/23/08. Appeal filed with the Wisconsin Court of Appeals on 11/12/08 (noticed filed in circuit court on 11/7/08). Opinion/Decision that Appeal is Dismissed Pursuan to Rule 809.18 entered on 1/23/09.

Court of Appeals Documents

Docket Access

Notice of Appeal & Court Record (filed 11/12/08)
ORD that the time for the clerk to transmit the record on appeal is extended to December 29, 2008 (entered 12/10/08)
Notice of Voluntary Dismissal Filed (filed 1/21/09)
Opinion/Decision that the appeal is dismissed pursuant to Rule 809.18 (entered 1/23/09)
Remittitur (entered 1/23/09)

Circuit Court Documents

Docket Access

Petition for Writ of Mandamus (filed 9/10/08)
Motion of Democratic Party of WI to intervene (filed 9/16/08)
Motion for Summary Judgment (filed 9/17/08)
Motion for Disqualification of Plaintiff's Counsel (filed 9/17/08)
- Corrections to motion
- Brief in Support
Motion of Madison Teachers, et. al., to intervene (filed 9/17/08)
Affidavit of Kevin Kennedy (filed 9/18/08)
Affidavit of Kevin Porter (filed 9/18/08)
AG's Opposition to Def's Motion for Disqualification (filed 9/19/08)
AG's Omnibus Response to Motions for Intervention (filed 9/19/08)
Motion to intervene by the Republican Party of WI with supporting brief (filed 9/22/08)
Petitioner's response to motion to intervene (filed 9/23/08)
Democratic Party of WI brief in support of motion to intervene (filed 9/23/08)
Response in Support of Motion to Intervene-MTI, American Federation of Teachers-WI and Firefighters Local 311 (filed 9/23/08)
Reply Brief in Support of Defendants Motion for Disqualification of Pl's Counsel and for Stay of Proceedings (filed 9/23/08)
Affidavit of counsel (filed 9/23/08)
Response in support of motion to intervene by Madison Teachers, Inc., American Federation of Teachers-WI and Firefighters Local 311 (filed 9/24/08)
Motion hearing (filed 9/24/08)
Motion to intervene by NAACP and Mlwk. Teacher Assocation with supporting brief (filed 9/26/08)
Affidavit of Richard Norman (filed 9/26/08)
Motion to dismiss by NAACP and Mlwk. Teachers Association (submitted 9/26/08) [filed 10/6/08]
Motion to intervene granted to Mwlk NAACP and Mlwk Teachers Ed. Assoc (entered 10/2/08)
Motion of the Lawyers' Committee for Civil Rights Under Law, The Brennan Center for Justice, the Campaign Legal Center, Fair Elections Wisconsin and Professor Daniel Tokaji for Leave to Exceed Non-Party Brief Page Limits (filed 10/3/08)
Notice, Motion to Dismiss, & Brief in Support, filed by Democratic Party of Wisconsin (filed 10/6/08)
Amici Curiae Brief filed by Lawyer's Comm. for Civil Rights Under Law, et al. (filed 10/6/08)
Motion to Dismiss by MTI, et al. (filed 10/6/08)
- Brief in Support of Motion
Republican Party of WI's Notice Joining Plaintiff's Motion for Summary Judgment (filed 10/6/08)
- Memorandum in Support
Motion of GAB to Strike Portions of Complaint (filed 10/6/08)
GAB's Motion to Dismiss (filed 10/6/08)
- Brief in Support
Plaintiff's Notice of Motion & Motion to Strike (filed 10/6/08)
Order: Motion for disqualification DENIED; motion for expedited proceedings GRANTED IN PART: motions of Democratic Party of WI, Madison Teachers, Inc., American Federation of Teachers-WI and Madison Firefighters Local 311, and Republican Party of WI to intervene GRANTED; by Oct.6, 2008, Deomcratic Party of WI and Republican Party of WI shall fine initial pleading or motion which identifies whether it is intervening as a plaintiff or defendant and specifies whether it is intervening as to all claims or as to only some of the claims; answer previously submitted by madison Teachers, Inc, American Federation of Teachers-WI and Madison Firfighters Local 311 accepted as their responsive pleading; originl defendatns and any intervener electing intervention as a party defendant shall, by Oct. 6, 2008, respond to the complaint; responses to any such motion filed by defendants/intervenors shall be filed/served no later than October 15, 2008; reply shall be filed/served no later than October 20, 2008; any dispositve motions filed in accordancew with schedule will be heard 10-23-08 at 8:30 a.m. (entered 10/13/08)
Order: The Motions for Leave to Participate as Amici Curiae and motion to Exceed Non-Party Brief Page Limits filed by Lawyers Committee for Civil Rights Under Law, et al are granted. Any party may respond to the non-party brief on or before October 20, 2008. Responses shall not exceed ten pages.
Brief: AG J.B. Van Hollen in response to Motions to Dismiss (filed 10/15/08)
Order: Granting Motion to Interveneby the Milwaukee Branch of the NAACP and the Milwaukee Teachers' EducationAssociation (entered 10/16/08)
Intervening Defendant Democractic Party of WI's Notice of Motion and Motion to Dismiss Complaint of Intervening PL Republican Party of WI (filed 10/17/08)
Brief of Democratic party of WI in opposition to Motions for Summary Judgment by the PL and the Republican Party of WI (filed 10/17/08)
Motion for Continuance on Responding to the merits of the Motion for Summary Judgment by Intervening Defendants MTI, American Federation of Teachers-WI and Madison Firefighters Local 311 (filed 10/17/08)
Brief of Intervening Defendants MTI, etc. (filed 10/17/08)
Affidavit of Christa Westerberg (filed 10/17/08)
GAB's Motion to Dismiss the Complaint of the Republican Party of WI (filed 10/17/08)
GAB's Brief in Support of Motion (filed 10/17/08)
GAB Motion to Strike Portions of the Republican Party of WI's Complaint (filed 10/17/08)
Affidavit of Counsel (filed 10/17/08)
GAB's Brief in Opposition to AG's and Republican Party of WI Motion for SJ (filed 10/17/08)
Reply Brief of Democratic Party of WI in Support of Motion to Dismiss. (filed 10/20/08)
Response to Brief of Amici Curiae by Plaintiff (filed 10/20/08)
Reply Brief by Plaintiff in Support of Motion for Summary Judgment, for a Peremptory Writ of Mandamus or Alternatively, Declaratory and Injunctive Relief (filed 10/20/08)
Brief of Intervenor-PL Republican Party of WI (RPW) Omnibus Reply to Def. and Intervenor-Def's Submissions Seeking to Dismiss RPW or Deny RPW's Requests (filed 10/20/08)
Intervenor-PL-RPW's response in opposition to GAB's Motion to Strike Portions of the Complaint (filed 10/20/08)
Intervenor-PL RPW's Response in Opposition to MTI's Motion for Continuance (filed 10/20/08)
GAB's Motion to Dismiss Reply Brief (filed 10/20/08)
Response of Intervening Defendants MTI, American Federation of Teachers-WI and Madison Firefighters Local 311 in Support of Motion to Dismiss (filed 10/20/08)
Motion to Dimiss Republican Party of WI By Atty. Garvey (filed 10/20/08)
Reply Brief of the Milwaukee Branch of the NAACP and the MTEA (filed 10/20/08)
GAB Reply Brief to RPW Reply to Motions to Dismiss (filed 10/22/08)
Motion hearing (filed 10/23/08)
Order and Hearing Transcript (filed 10/23/08)
Notice of Appeal (filed 11/7/08)

Related Information

Judge allows AG to continue voter lawsuit, htrnews.com (AP), 9/25/08
Van Hollen voter registration suit to appear in court today, Badger Herald, 9/24/08
GOP wants to intervene in voter case, JSOnline, 9/22/08
Wisconsin Officials Fight Over Voter Registrations, NPR, 9/21/08
Hearing on motion to disqualify Van Hollen from GAB suit set for next week, WisPolitics.com, 9/18/08
Suit filed in voter checks, Milwaukee Journal Sentinel, 9/10/08.
Attorney General J.B. Van Hollen Files Suit Against Wisconsin Government Accountability Board to Bring Wisconsin into Compliance with Voting Laws, Wisconsin Attorney General Press Release, 9/10/08.

Moritz College of Law
November 21, 2009

Election Law @ Moritz | Professor Edward B. Foley, Director | electionlaw@osu.edu
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