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Election Modifications in Wisconsin Because of a Pandemic

Robert Timothy Reagan
June 25, 2020
Available Online Only

Democratic National Committee v. Bostelmann (3:20-cv-249), Gear v. Knudson (3:20-cv-278), and Lewis v. Kundson (3:20-cv-284) (William M. Conley, W.D. Wis.) and City of Green Bay v. Bostelmann (William C. Griesbach, 2:20-cv-479) and Taylor v. Milwaukee Election Comm’n (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, and related actions in the Western District remain pending.
Subject: Absentee and early voting. Topics: COVID-19; registration procedures; absentee ballots; enjoining elections; interlocutory appeal; voter identification; intervention; primary election; voting technology; case assignment; class action.

One of many Case Studies in Emergency Election Litigation.