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Election Law @ Moritz

Election Law @ Moritz


Litigation

 

Democratic National Committee et al v. Bostelmann, Marge et al

Case Information

Date Filed: March 18, 2020
State: Wisconsin
Issues: Absentee Ballots, Improper Election Administration, Voter ID
Current Court: 7th Circuit Court of Appeals (Case 20-1539)

Issue:

 Emergency injunction extending the March 18th, 2020 deadline for electronic and by mail voter egistration to April 3, suspending the requirements that copies of documents (ID laws) to be included with voter registration and absentee ballot applications, enjoining the Election Day Receipt Deadline, while allowin all ballots postmarked on or before election day but recieved wihtin a minimum of 10 days be counted. 

Status:

 Complaint filed 3/18/20. Emergency Motion For Temporary Restraingin ORder and Prelimiinary Injunction 3/18/20. Motion to Intervene by Wisconsin State Legislature 3/20/20. Proposed Motion ot Dismiss 3/20/20. 

District Court Documents

  • Complaint pdf file (3/18/20)
  • Plaintiffs' Motion For Temprary Restraining Order And Preliminary Injunction pdf file (3/18/20)
  • Brief In Support Of Plaintiffs' Motion For Temporary Restraining Order And Preliminary Injunction pdf file (3/18/20)
  • Declaration Of Bruce V. Spiva In Support Of Plaintiffs' Motion For Temporary Restraining Order And Preliminary Injunction pdf file (3/18/20)
  • Exhibit 1 pdf file (3/18/20)
  • Exhibit 2 pdf file (3/18/20)
  • Exhibit 3 pdf file (3/18/20)
  • Exhibit 4 pdf file (3/18/20)
  • Exhibit 5 pdf file (3/18/20)
  • Exhibit 6 pdf file (3/18/20)
  • The Wisconsin Legislature's Motion To Intervene pdf file (3/20/20)
  • The Wisconsin Legislature's Memorandum Of Law In Support Of Motion To Intervene pdf file (3/20/20)
  • The Wisconsin Legislature's Proposed Motion To Dismiss The Complaint pdf file (3/20/20)
  • Declaration Of Misha Tseytlin pdf file (3/20/20)
  • Exhibit 1 pdf file (3/20/20)
  • Exhibit 2 pdf file (3/20/20)
  • Exhibit 3 pdf file (3/20/20)
  • Exhibit 4 pdf file (3/20/20)
  • Exhibit 5 pdf file (3/20/20)
  • Exhibit 6 pdf file (3/20/20)
  • Exhibit 7 pdf file (3/20/20)
  • Exhibit 8 pdf file (3/20/20)
  • Exhibit 9 pdf file (3/20/20)
  • Exhibit 10 pdf file (3/20/20)
  • Exhibit 11 pdf file (3/20/20)
  • Exhibit 12 pdf file (3/20/20)
  • Exhibit 13 pdf file (3/20/20)
  • Exhibit 14 pdf file (3/20/20)
  • Defendant Brief In Opposition To Plaintiffs Motion For Temporary Restraining Order And Preliminary Injunction pdf file (3/20/20)
  • Plaintiff's Brief In Opposition To Intervention And Responses To The Questions During The March 19, 2020 Telephone Status Conference pdf file (3/20/20)
  • Declaration Of Hannah Temes In Support Of Plaintifs' Motion For Temporary Restraining Order And Preliminary Injunction pdf file (3/20/20)
  • Declaration Of Amia Bridgeford In Support of Plaintiffs' Motion pdf file (3/20/20)
  • Declaration Of Douglas Koop In Support Of Plaintiffs' Motion pdf file (3/20/20)
  • Declaration Of Katie Dickey In Support of Plaintiffs' Motion pdf file (3/20/20)
  • Notice by Plaintiffs of Opposition to Forthcoming Motion To Intervene pdf file (3/20/20)
  • Order Granting In Part and Denying In Part Motion For TRO And Preliminary Injunction pdf file (3/20/20)
  • Motion In Support Of Leave To File Amicus Memorandum By The Cities Of Millwaukee pdf file (3/20/20)
  • Affadavit of Neil Albrecht pdf file (3/20/20)
  • Motion To Intervene As Defendants By The RNC And The Republican Party Of Wisconsin pdf file (3/22/20)
  • Response re: 37 Order on Motion for TRO by Defendants pdf file (3/23/20)
  • Defendants' Response To Motions To Intervene By The Wisconsin State Legislature And RNC And The Republican Party Of Wisconsin pdf file (3/26/20)
  • Plaintiffs' Brief In Opposition To Intervene By RNC And Republican Party Of Wisconsin pdf file (3/26/20)
  • Declaration Of Bruce V. Spiva In Support Of Plaintiffs' Brief In Opposition To Intervene By RNC And Republican Party Of Wisconsin pdf file (3/26/20)
  • Amended Complaint For Declaratory And Injunctive Relief pdf file (3/26/20)
  • Plaintiffs' Motion For Preliminary Injunction And Reconsideration Of The Court's Ruling On The By-Mail Absentee Deadline And Documentation Requirements pdf file (3/27/20)
  • Brief In Support Of Plaintiffs' Motion For Preliminary Injunction And Reconsideration Of The Court's Ruling On The By-Mailpdf file (3/27/20)
  • Declaration Of Bruce V. Spiva In Support Of Plaintiffs' Motionpdf file (3/27/20)
  • Exhibit 1pdf file (3/27/20)
  • Exhibit 2pdf file (3/27/20)
  • Exhibit 3pdf file (3/27/20)
  • Exhibit 4pdf file (3/27/20)
  • Exhibit 5pdf file (3/27/20)
  • Exhibit 6pdf file (3/27/20)
  • Exhibit 7pdf file (3/27/20)
  • Exhibit 8pdf file (3/27/20)
  • Exhibit 9pdf file (3/27/20)
  • Exhibit 10pdf file (3/27/20)
  • Exhibit 11pdf file (3/27/20)
  • Exhibit 12pdf file (3/27/20)
  • Declaration Of Molly Callahan In Support Of Plaintiffs' Motionpdf file (3/27/20)
  • Declaration Of Becky Eggen In Support Of Plaintiffs' Motionpdf file (3/27/20)
  • Declaration Of John Keel In Support Of Plaintiffs' Motionpdf file (3/27/20)
  • Declaration Of Betheny Larson In Support Of Plaintiffs' Motionpdf file (3/27/20)
  • Declaration Of Martha Love In Support Of Plaintiffs' Motionpdf file (3/27/20)
  • Declaration Of Peggy Roush In Support Of Plaintiffs' Motionpdf file (3/27/20)
  • Declaration Of Jeff Trapp In Support Of Plaintiffs' Motionpdf file (3/27/20)
  • The Wisconsin Legislature's Reply Memorandum In Support Of Its Motion To Intervenepdf file (3/27/20)
  • Declaration Of Judith Morse In Support Of Plaintiffs' Motionpdf file (3/27/20)
  • Declaration Of Neil Albrecht In Support Of Plaintiffs' Motionpdf file (3/27/20)
  • Declaration Of Scott McDonell In Support Of Plaintiffs' Motionpdf file (3/27/20)
  • Declaration Of Ben Wilson In Support Of Plaintiffs' Motionpdf file (3/27/20)
  • Declaration Of Dean A. Strang In Support Of Plaintiffs' Motionpdf file (3/27/20)
  • Declaration Of Maribeth Witzel-Behl In Support Of Plaintiffs' Motionpdf file (3/27/20)
  • Reply In Support Of Motion To Intervene By The RNC And The Republican Party Of Wisconsinpdf file (3/27/20)
  • Proposed Answer To Amend Compliant By Proposed Intervenordefendants The RNC And The Republican Party Of Wisconsinpdf file (3/27/20)
  • Notice By Intervenor Wisconsin State Legislature Letter Regarding Request For Consolidationpdf file (3/27/20)
  • ORDER denying 20 Wisconsin Legislature's Motion to Intervene, granting 41 Republican National Committee and the Republican Party of Wisconsin's motion to intervenepdf file (3/28/20)
  • ORDER consolidating casepdf file (3/28/20)
  • Motion for Motion of Wisconsin Legislature for Leave to File as Amicus Curiae Combined Amicus Brief in Opposition to the Democratic Party Plaintiffs' Motion for a Preliminary Injunction and Reconsideration of the Court's Ruling pdf file (3/30/20)
  • Brief in Opposition by Intervenor Wisconsin State Legislaturepdf file (3/30/20)
  • Motion for Leave to File Amicus Brief by Amicus Honest Elections Projectpdf file (3/28/20)
  • Brief in Opposition by Amicus Honest Elections Project pdf file (3/30/20)
  • Brief in Opposition by Intervenor Defendants Republican National Committee, Republican Party Of Wisconsinpdf file (3/30/20)
  • Motion for Leave to File THE CITY OF MILWAUKEE'S MOTION FOR LEAVE TO FILE AMICUS CURIAE BRIEF pdf file (3/30/20)
  • Brief in Support of (39 in 3:20-cv-00284-wmc) Motion for Leave to File by Amicus City Of Milwaukeepdf file (3/30/20)
  • Brief in Support of (39 in 3:20-cv-00284-wmc) Motion for Leave to File AMICUS CURIAE BRIEF by Amicus City Of Milwaukeepdf file (3/30/20)
  • Response re: (22 in 3:20-cv-00284-wmc) Order,, Responsive Brief on Behalf of Amicus Curiae City of Madison by Amicus City of Madison, Wisconsinpdf file (3/30/20)
  • Supplemental Declaration of Cecilia Aguilerapdf file (3/30/20)
  • Exhibit Exhibit W - WEC Memorandum "Absentee Witness Signature Requirement Guidance"pdf file (3/30/20)
  • Motion to Intervene Renewed Motion In DNC & Motion In Gear by Intervenor Wisconsin State Legislaturepdf file (3/31/20)
  • Amicus Curiae Appearance entered by Karyn L. Rotker Amicus Parties Disability Rights Wisconsinpdf file (3/31/20)
  • Motion for Leave to File Amici Curiae Brief in Support of Plaintiffs in Lewis v. Knudsen by Amicus Parties American Civil Liberties Union Of Wisconsinpdf file (3/31/20)
  • Amicus Curiae Appearance entered by Nhu Huong Tran Amicus Parties City of Racinepdf file (3/31/20)
  • Motion for Leave to File Amicus Brief by Amicus Party Tony Everspdf file (3/31/20)
  • Motion for Leave to File Amicus Brief by Amicus Parties City of Racinepdf file (3/31/20)
  • Motion for Leave to File Amicus Brief and Alternative Motion to Intervene by Amicus Parties Washington Countypdf file (3/31/20)
  • Brief in Support of Motion for Leave to File Amicus Brief by Amicus Parties City of Racinepdf file (3/31/20)
  • Brief in Opposition by Amicus Parties Washington Countypdf file (3/28/20)
  • ORDER denying renewed motions to intervene but granting motion to file amicus briefpdf file (4/1/20)
  • ORDER granting in part and denying in part (61) Motion for Preliminary Injunction pdf file (4/2/20)
  • PRELIMINARY INJUNCTION.pdf file (4/2/20)
  • Motion for Clarification by Defendantspdf file (4/2/20)
  • Appeal Information Packetpdf file (4/3/20)
  • ORDER granting Motion for Clarificationpdf file (4/3/20)
  • ORDER from USCA denying stay as to the portions of the district court's order that (1) enjoin the enforcement of the requirement under Wis. Stat. ยง 6.87(6pdf file (4/6/20)
  • Defendants' ANSWER to Amended Complaintpdf file (4/13/20)
  • MOTION TO DISMISS Amended Complaint by Intervenor Wisconsin State Legislaturepdf file (4/16/20)
  • Motion for Leave to File Second Amended Complaint by Plaintiffspdf file (4/30/20)
  • Proposed Second Amended Complaintpdf file (4/30/20)
  • Memorandum Of Plaintiffs Democratic National Comittee And Democratice Party Of Wisconsin In Opposition To Intervening Defendant Wisconis Legislature's Motion To Dismisspdf file (5/7/20)
  • Brief in Opposition by Intervenor Wisconsin State Legislaturepdf file (5/11/20)
  • Brief in Opposition by Intervenor Defendants Republican National Committee, Republican Party Of Wisconsin pdf file (5/11/20)
  • Circuit Court Documents

  • Emergency motion filed by Appellants Republican National Committee and Republican Party of Wisconsinpdf file (4/2/20)
  • Filed Certificate of Compliance for Emergency Motion by Appellants Republican National Committee and Republican Party of Wisconsinpdf file (4/2/20)
  • Filed Request to Be Heard by Appellees Democratic National Committee and Democratic Party of Wisconsinpdf file (4/3/20)
  • Submitted appellee brief by Douglas M. Poland for Appellee Sylvia Gearpdf file (4/3/20)
  • Filed Response in Opposition by Appellees Greg Lewis and Service Employees International Union Wisconsin State Councilpdf file (4/3/20)
  • Filed Response in Opposition by Appellees Democratic Party of Wisconsin and Democratic National Committeepdf file (4/3/20)
  • Filed Reply by Appellant Wisconsin State Legislature to in Support of Emergency Motion to Stay the Preliminary Injunction and for an Administrative Staypdf file (4/3/20)
  • ORDER re: 1. Wisconsin Legislature's Emergency Motion to Stay the Preliminary Injunction and for an Administrative Stay. 2. Emergency Motion of Republican National Committee and Republican Party of Wisconsin for Administrative Stay and Stay Pending Appealpdf file (4/3/20)
  • Supreme Court opinion received regarding Supreme Court Casepdf file (4/6/20)
  • ORDER: The court, on its own motion, orders these appeals CONSOLIDATED for all further proceedingspdf file (4/8/20)
  • Seventh Circuit Transcript Information Sheet by Appellant Wisconsin State Legislaturepdf file (4/14/20)
  • Filed Seventh Circuit Transcript Information Sheet by Appellants Republican National Committee and Republican Party of Wisconsinpdf file (4/14/20)
  • ORDER: The parties file a joint status report by May 11, 2020, addressing whether these appeals are moot. IT IS FURTHER ORDERED that briefing is SUSPENDED pending further court orderpdf file (4/20/20)
  • Supreme Court Documents

  • EMERGENCY APPLICATION FOR STAYpdf file (4/6/20)
  • DNC and Wisconsin Democratic Party's Motion To Deny Appealpdf file (4/6/20)
  • REPLY IN SUPPORT OF EMERGENCY APPLICATION FOR STAYpdf file (4/6/20)
  • Supreme Court Opinionpdf file (4/6/20)
  • Commentary

    Edward B. Foley

    Gerrymandering as Viewpoint Discrimination: A "Functional Equivalence" Test

    Edward B. Foley

    A First Amendment test for identifying when a map is functionally equivalent to a facially discriminatory statute.

    more commentary...

    In the News

    Daniel P. Tokaji

    This is why US election ballots routinely go missing

    Professor Dan Tokaji was quoted in USA Today about the prevalence of missing election ballots.

     

    "Most of the time, it just goes unreported because it doesn't affect the result," Tokaji said. 


    more EL@M in the news...

    Info & Analysis

    Supreme Court Finds Partisan Gerrymandering Claims to be Non-Justiciable Political Questions

    In a 5-4 decision, the U.S. Supreme Court issued an opinion on Thursday determining that claims of partisan gerrymandering are political questions beyond the reach of the federal courts. The opinion resolved disputes originating in North Carolina and Maryland, in the cases of Rucho v. Common Cause and Lamone v. Benisek.

    more info & analysis...