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Election Modifications in Wisconsin Because of a Pandemic

Robert Timothy Reagan
October 30, 2023

Democratic National Committee v. Bostelmann (3:20-cv-249), Gear v. Knudson (3:20-cv-278), and Lewis v. Knudson (3:20-cv-284) (William M. Conley, W.D. Wis.) and City of Green Bay v. Bostelmann (William C. Griesbach, 1:20-cv-479) and Taylor v. Milwaukee Election Commission (Pamela Pepper, 2:20-cv-545) (E.D. Wis.)
In light of a global infectious pandemic, federal litigation to modify election procedures for the April 2020 election in Wisconsin, which included a presidential primary election, began about three weeks before the election. Shortly after a complaint was filed, and again a few days before the election, a federal judge in the Western District of Wisconsin ordered some modifications to enable absentee voting by mail. The judge declined to order a delay in the election. The court of appeals reversed the district judge’s modification to absentee-voter witness-certification requirements, and the Supreme Court reversed the district judge’s extension of time to mail absentee ballots after election day. Suits in the Eastern District were unsuccessful. For the general election in November, the Western District judge again ordered modifications, but the court of appeals stayed the injunction. After the election, the court of appeals vacated the injunction.
Subject: Absentee and early voting. Topics: Covid-19; registration procedures; absentee ballots; enjoining elections; interlocutory appeal; voter identification; intervention; primary election; voting technology; attorney fees; case assignment; class action.

One of many Case Studies in Emergency Election Litigation.