section 323.10, no state of emergency may last longer than 60 days unless it is extended by joint resolution of the legislature. Evers declared new states of emergency on an ongoing basis, with Executive Order 105 adopted the same day the legislature revoked Executive Order 104. The court granted an original action to challenge the validity of those executive orders under Wis. Tony Evers declared a state of emergency relating to COVID-19 and issued executive orders declaring COVID-based states of emergency in July 2020 (Executive Order 82) and September 2020 (Executive Order 90). section 6.50(3) and thus no positive and plain duty to fulfill the statute. Therefore, the WEC has no statutory obligation to carry out Wis. The supreme court held that local election officials, not the WEC, have statutory responsibilities to clean up the voter rolls. The circuit court granted a writ of mandamus against the Wisconsin Elections Commission (WEC) requiring it to take those steps. Wisconsin Statutes section 6.50(3) requires local election officials to act upon receipt of reliable information that a registered elector has moved out of the municipality, to send the person a letter and, if there is no response, to transfer the elector to ineligible-voter status. Also, the other challenges were barred by laches for being raised too late, as they could have been raised before the election. The court declined to strike the absentee votes of voters claiming indefinitely confined status. After an original action petition was denied, the challenger appealed in circuit court and then on bypass to the supreme court from the board of canvassers’ counting of absentee votes cast 1) during in-person absentee voting with insufficient written ballot requests, 2) when a clerk completed missing information on the ballot envelope, 3) by persons claiming to be “indefinitely confined,” and 4) at a “Democracy in the Park” event in Madison more than 14 days before the election. The stay-at-home orders did not render all Wisconsin electors “indefinitely confined.” 5 Electors may not claim the exception based on another person’s age, infirmity, disease, or disability.
#EIS IMPLEMENT FULL#
The full decision held that electors each must make their own determination whether they are indefinitely confined, based on the elector’s own age, infirmity, disease, or disability. A week later, the court accepted an original action and directed the clerk to cease such statements. Under the Wisconsin voter ID requirement for absentee ballots, there is an exception for voters who are “indefinitely confined.” On March 25, 2020, the Dane County clerk advised voters they could claim this exception due to the COVID-19 pandemic and the stay-at-home orders. section 803.09(2m) permits the Wisconsin Legislature to intervene when the validity of a state statute is at issue and to defend that interest. In election law litigation before the November election, the Seventh Circuit certified a question to the Wisconsin Supreme Court concerning the statute providing for legislative intervention in litigation involving challenges to state law.
Lawless, Indiana 1992, is senior counsel at Husch Blackwell LLP, Milwaukee.ĭemocratic National Committee v. The court held that it was “too late to grant any petitioners any form of relief that would be feasible” because municipalities already began printing and sending absentee ballots, which were required to reach voters by Sept. The candidates sought relief to get on the November ballot after the Wisconsin Elections Commission refused to include them on the ballot due to rejected signatures on nomination papers. 3 by Green Party candidates for vice president and president.
The court declined to accept an original action filed on Sept. All the court’s civil decisions are discussed below. In four cases, the court issued decisions in original actions, whether on the merits or in denying the petition. The court decided two certifications from the Seventh Circuit. In four cases the court reviewed a circuit court decision, on bypass or on certification. In the 31 civil decisions issued in 2020-21, the court affirmed 17 times, reversed seven times, and, in one case, affirmed in part and reversed in part. In Brief: Wisconsin Supreme Court DecisionsĬlick on the links below to jump to a section and read summaries of the decisions.
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