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Election Law @ Moritz

Election Law @ Moritz


Litigation

 

Edwards v. Vos

Case Information

Date Filed: April 13, 2020
State: Wisconsin
Issue: Improper Election Administration
Current Court: United States District Court for the Western District of Wisconsin (Case 3:20-cv-000340)

Issue:

Whether the decision to hold the election as conducted violated the plaintiffs' right to vote protected by the First Amendment, Fourteenth Amendment, 42 U.S.C. § 1983, Section 2 of the Voting Rights Act, and the voting provisions of the Americans with Disabilities Act

Status:

Complaint filed 4/13/20. Amended class action comlaint for damages, declaratory judgment and injunctive relief 5/4/20. Motion to dismiss amended complaint by defendants 5/4/20. Motion to dismiss amended complaint by defendants 5/25/20. 

District Court Documents

  • Class Action Complaint For Declaratory And Injunctive Relief pdf file (4/13/20)
  • Amended Class Action Complaint For Damages, Declaratory Judgment, And Injunctive Relief pdf file (5/4/20)
  • Motion To Dismiss Amended Complaint By Defendants Scott Fitzgerald, Robin Vos, Wisconsin State Assembly, Wisconsin State Senate pdf file (5/18/20)
  • Brief In Support Of Motion To Dismiss By Defendants pdf file (5/18/20)
  • Motion To Dismiss Amended Complaint By Defendants Marge Bostelmann, Julie M. Glancey, Ann S. Jacobs, Dean Knudson, Robert F. Spindell, Jr, Mark L. Thomsen, Wisconsin Elections Commission, Meagan Wolfe pdf file (5/25/20)
  • Brief In Support Of Motion To Dismiss By Defendants pdf file (5/25/20)
  • Unopposed Motion To Intervene By Intervenor Defendants Republican National Committee, Republican Party Of Wisconsin pdf file (6/8/20)
  • Brief In Support Of 19 Motion To Intervene By Intervenor Defendants Republican National Committee, Republican Party Of Wisconsin pdf file (6/8/20)
  • Proposed Answer To Amended Complaint By Intervenor Defendants Republican National Committee, Republican Party Of Wisconsin pdf file (6/8/20)
  • Motion For Leave To File Amicus Curiae Brief In Support Of Plaintiffs By Amicus American Diabetes Association pdf file (6/15/20)
  • Amicus Br. Of American Diabetes Association pdf file (6/15/20)
  • Disclosure Statement pdf file (6/15/20)
  • Text Of Proposed Order pdf file (6/15/20)
  • Brief In Opposition By Plaintiffs Jean Ackerman, Catherine Cooper, Charles Dennert, Chrystal Edwards, Terron Edwards, Jan Graveline, Todd Graveline, Kileigh Hannah, John Jacobson, William Laske, Katie Rowe, Kristopher Rowe, Angela West, Douglas West re Motion To Dismiss pdf file (6/15/20)
  • Brief In Opposition By Plaintiffs Jean Ackerman, Catherine Cooper, Charles Dennert, Chrystal Edwards, Terron Edwards, Jan Graveline, Todd Graveline, Kileigh Hannah, John Jacobson, William Laske, Katie Rowe, Kristopher Rowe, Angela West, Douglas West re Motion To Dismiss pdf file (6/15/20)
  • Order Granting Motion To Intervene pdf file (6/23/20)
  • Brief In Reply By Defendants Marge Bostelmann, Julie M. Glancey, Ann S. Jacobs, Dean Knudson, Robert F. Spindell, Jr, Mark L. Thomsen, Wisconsin Elections Commission, Meagan Wolfe In Support Of Motion To Dismiss pdf file (7/2/20)
  • Brief In Reply By Defendants Scott Fitzgerald, Robin Vos, Wisconsin State Assembly, Wisconsin State Senate In Support Of Motion To Dismiss pdf file (7/2/20)
  • Motion For Attorney Fees By Plaintiffs American Federation Of Teachers Local, 212, AFL-CIO, Black Leaders Organizing For Communities, League Of Women Voters Of Wisconsin, Greg Lewis, SEIU Wisconsin State Council, Souls To The Polls, Voces De La Frontera pdf file (7/2/20)
  • Brief In Support Of Motion For Attorney Fees, By Plaintiffs American Federation Of Teachers Local, 212, AFL-CIO, Black Leaders Organizing For Communities, League Of Women Voters Of Wisconsin, Greg Lewis, SEIU Wisconsin State Council, Souls To The Polls, Voces De La Frontera pdf file (7/2/20)
  • 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...