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Election Law @ Moritz

Election Law @ Moritz


Litigation

 

Frank v. Walker

Case Information

Date Filed / Ended: December 13, 2011 / April 11, 2018
State: Wisconsin
Issue: Voter ID
Courts that Heard this Case: United States District Court for the Eastern District of Wisconsin (Case 2:11-cv-01128); US Court of Appeals for the Seventh Circuit (Case 16-3003, 16-3052); United States District Courts (Case 2:11-cv-01128); United States Supreme Court (Case 14-803)

Issue:

Whether Wisconsin voter ID legislation is unconstitutional as applied to certain classes of eligible Wisconsin voters; more specifically, whether the legislation unduly burdens the fundamental right to vote under the Equal Protection Clause, violates the Twenty-Fourth and Fourteenth Amendments as an unconstitutional poll tax, and violates the Equal Proection Clause in arbitrarily refusing to accept certain identification documents.

Status:

District Court Opinion and Order issued 10/19/2015. Appellants' Briefs on appeal in 7th Circuit filed 12/28/15. Appellee's brief in 7th Circuit filed 1/26/16. 7th Circuit Court of Appeals opinion reversing District Court filed 4/12/16. District Court decision and order on remand in favor of plaintiffs filed 7/19/16. District Court Order Denying Stay Pending Appeal filed 7/29/16. 7th Circuit Order Granting Stay Pending Resolution of Appeal filed 8/10/16. Emergency Petition for Rehearing filed 8/11/16. 7th Circuit Order Denying Motion for Reconsideration filed 8/15/16. 7th Circuit Order Denying Initial En Banc Hearing filed 8/26/16. Appellants' Brief and Appendix filed 8/31/16. Appellees' Brief and Short Appendix filed 9/30/16. Oral Argument rescheduled for 2/24/17.Order Grnting In Part Plaintiffs' Motion for Attorney fees and Expenses filed 4/2/18. Civil Case Terminated filed 4/11/2018.

 

See related Wisconsin voter ID cases: LULAC v. Deininger, League of Women Voters of Wisconsin v. Walker, and Milwaukee Branch of the NAACP v. Walker

District Court Documents

  • Defendant's Opposition to Motion For Clarificaiton pdf file (filed 9/1/17)
  • Declaration of Murphy In Support of Defendants' Opposition pdf file (filed 9/1/17)
  • Motion for Leave, Supplemental Complaint pdf file (filed 12/28/17)
  • Defendants' Opposition to Plaintiffs' Motion pdf file (filed 1/18/18)
  • Reply Memorandum of Law in Support of Motion pdf file (filed 2/1/18)
  • 7th Circuit Court of Appeals Documents (first appeal)

     

    7th Circuit Court of Appeals Documents (second appeal)

    U.S. Supreme Court Documents

    Commentary

    Steven F. Huefner

    The Perils of Voting by Mail

    Steven F. Huefner

    Anecdotal evidence of fraudulent absentee ballot harvesting in North Carolina in last month's midterm election already demonstrates the need for greater vigilance in how states conduct voting by mail, whether or not North Carolina ultimately must rerun the election for its 9th Congressional District.

    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

    U.S. District Judge Orders that Individuals Flagged by Georgia Database Can Vote in Midterms

    Ruling on the plaintiffs\' emergency motion, a U.S. District Judge ordered that individuals flagged for potential citizenship issues by a Georgia database can still vote in the midterms. The judge\'s order set forth specific ways these indivduals can vote. The case is Georgia Coalition for the People\'s Agenda v. Kemp.

    more info & analysis...