Wisconsin: Protecting Voters and Democracy During the Pandemic
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Overview
On May 18, 2020, a coalition of Wisconsin voters and organizations sued state election officials for violating federal laws that protect the right to vote. The Wisconsin Elections Commission’s failure to properly manage the April 7 election, held amid the expanding COVID-19 pandemic, violated federal statutes and the U.S. Constitution, which protects every eligible voter’s right to vote. The suit was filed on behalf of three registered Wisconsin voters, as well as Disability Rights Wisconsin, which advocates for human and legal rights on behalf of disabled Wisconsin residents, and Black Leaders Organizing for Communities (BLOC), a group that engages members of the Milwaukee Black community in voting and the political process.
On September 21, 2020, a federal district court granted significant relief in our case, ordering state officials to, among other things, extend the deadline for receipt of absentee ballots for six days, until November 9 for all mailed ballots postmarked on or before November 3; extend the deadline for online and mail-in registration by one week, to October 21; allow election officials to email ballots to voters who request them but don’t receive them in the mail; and allow Wisconsinites to serve as poll workers outside of their counties of residence, to help with the threat of poll worker shortages.
While the Seventh Circuit initially ruled in our favor on standing grounds, on October 8 it reversed course after the Wisconsin Supreme Court permitted the Wisconsin Legislature to represent the state and appeal the district court’s ruling. After the Seventh Circuit stayed the district court’s relief, we filed an emergency application to vacate the stay with the U.S. Supreme Court. On October 19, an appeal in the case was made to the U.S. Supreme Court to lift the stay issued by the Seventh Circuit Court of Appeals.
On October 26, 2020, the U.S. Supreme Court denied an emergency application to vacate the Seventh Circuit stay. In response to the ruling, Protect Democracy’s Farbod Faraji said the following: “The decision simply fails to grapple with the undeniable impact of COVID-19 on the ability of Wisconsin citizens to exercise their right to vote. It is truly unfortunate that the Court will not implement even the most common-sense voter protection measures in the midst of a global pandemic.”
In light of this ruling, it is essential that all voters who are voting absentee to return their ballots to a dropbox or by mail as soon as possible so that their municipal clerk RECEIVES the absentee ballot no later than 8:00 pm CT on November 3rd (Election Day).
Plaintiffs are represented by attorneys from Protect Democracy, the MacArthur Justice Center, Stafford Rosenbaum LLC, and O’Melveny & Myers, LLP.
Please direct press inquiries to: press@protectdemocracy.org
Updates
7th Circuit Clears the Way for Greater Voter Participation and Safety in Wisconsin
Voter Registration and Absentee Receipt Deadlines Extended, and Barriers for In-State Poll-Workers Removed, Pending an Appeal at the Supreme Court
Federal Court Requires Wisconsin to Take Immediate Action to Ensure Safe Voting in November
Wisconsin Election Commission ordered to improve absentee and in-person voting procedures.
Wisconsin Voters and Organizations Sue Election Officials to Make Voting in Coming Elections Safe, Secure, and Accessible
Lawsuit Says April 7 Election Shook Public’s Faith in Democracy
Case Documents
SCOTUS Decision in Gear v. Wisconsin Legislature
SCOTUS Decision in Swenson v. Wisconsin Elections Commission
SCOTUS Decision in DNC v. Wisconsin Elections Commission
Swenson v. Bostelmann — SCOTUS Amicus Brief by Gov. Evers in Support of Emergency Applications to Vacate Stay
Swenson v Bostelmann Order Granting Stay
Swenson v. Bostelmann — SCOTUS Emergency Application to Vacate Stay
Swenson v. Bostelmann — 7th Circuit Order on Motion to Stay Preliminary Injunction
Swenson v. Bostelmann — RNC Reply Brief to Swenson Opposition to Emergency Motion to Stay Preliminary Injunction
Swenson v. Bostelmann — Legislature's Reply Brief to Swenson Opposition to Emergency Motion to Stay
Swenson v. Bostelmann — Swenson Brief in Opposition to Legislature's Emergency Motion to Stay
Swenson v. Bostelmann — Wisconsin Legislature's Emergency Motion to Stay the Preliminary Injunction
Swenson v. Bostelmann - Court's Order on Preliminary Injunction
Swenson v. Bostelmann - Court's Opinion and Order
Swenson v. Bostelmann - Preliminary Injunction Reply Brief
Swenson v. Bostelmann - Statement of Additional Proposed Facts
Swenson v. Bostelmann — Brief in Support of Preliminary Injunction
Swenson v. Bostelmann — Motion for Preliminary Injunction
Swenson v. Bostelmann — Amended Complaint
Swenson v. Bostelmann – Complaint
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