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Election Law @ Moritz

Election Law @ Moritz



One Wisconsin Institute v. Jacobs

Case Information

Date Filed: May 29, 2015
State: Wisconsin
Issues: Voter ID, Early Voting, Student Voting
Courts that Heard this Case: US District Court of the Western District of Wisconsin (Case 15-cv-324); U.S. Court of Appeals for the Seventh Circuit (Case 16-3091, 16-3083)


Whether several Wisconsin statutes are in violation of: Section 2 of the Voting Rights Act, the First Amendment, the Fifteenth Amendment, the Twenty-Sixth Amendment, and the Equal Protection Clause of the Fourteenth Amendment.


Complaint filed on 5/29/15. Amended complaint filed 6/22/16. Answer filed 7/22/15. Motion to Dismiss filed 7/22/15. Opinion and Order on Defendants' Motion to Dismiss filed 12/17/15. Motion for summary judgment filed by defendants 1/11/16. Second amended complaint filed 3/25/16. Trial beginning May 16. District Court's Findings of Fact and Conclusions of Law filed 7/29/16. Motion to Stay filed 8/3/16. Notice of Appeal filed 8/3/16. Petition for Initial En Banc Review filed 8/3/16. Motion to Expedite filed 8/3/16. District Court Order denying stay in substantial part filed 8/11/16. Emergency Motion to Stay filed in Seventh Circuit 8/12/16. 7th Circuit Order Denying Initial En Banc Hearing filed 8/26/16. Appellants' Brief and Appendix filed 9/12/16. Status Report on Efforts to Inform Public filed 9/22/16. District Court Opinion and Order Granting Plaintiffs' Remedy in Part 10/13/16. Appellees' Brief in Seventh Circuit filed 10/21/16. Final Appendix filed 12/7/16. Oral Argument scheduled for 1/17/17. Oral Argument rescheduled for 2/24/17. Motion to Strike filed 2/14/17. Ordered Motion to Strike 2/15/17. Response to Motion to Strike 2/21/17. Response to Rule 28(j) 2/23/17. Certified Rule Sumbitted for Publication in Wisconsin 3/2/17. Notice of Supreme Court Decision in Bethune-Hill v. Virginia State Board 3/3/17. 


District Court Documents

Seventh Circuit Court of Appeals documents


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.

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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. 

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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.

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