Case: Swenson v. Bostelmann

3:20-cv-00459 | U.S. District Court for the Western District of Wisconsin

Filed Date: May 18, 2020

Closed Date: Jan. 20, 2021

Clearinghouse coding complete

Case Summary

COVID-19 Summary: In this case, private plaintiffs and nonprofit organizations sued on May 19, 2020 to require election officials in Wisconsin to expand access to absentee voting for the November general election in response to the pandemic.  The judge granted a preliminary injunction motion on September 21, 2021, but stayed the injunction pending appeal. Those appeals resulted in the Seventh Circuit vacating the stay on October 8, relying on Purcell v. Gonzalez to hold that, in order to preven…

COVID-19 Summary: In this case, private plaintiffs and nonprofit organizations sued on May 19, 2020 to require election officials in Wisconsin to expand access to absentee voting for the November general election in response to the pandemic.  The judge granted a preliminary injunction motion on September 21, 2021, but stayed the injunction pending appeal. Those appeals resulted in the Seventh Circuit vacating the stay on October 8, relying on Purcell v. Gonzalez to hold that, in order to prevent confusion given the nearness of the injunction to the election, the court should not to step in and alter Wisconsin's voting rules. The Supreme Court upheld the stay on appeal, and the case is closed.


This case is about whether barriers to voting caused by the COVID-19 public health crisis merited a court injunction to prevent mass disenfranchisement. On May 19, 2020, two private plaintiffs along with nonprofit organizations Black Leaders Organizing for Communities (BLOC) and Disability Rights Wisconsin (DRW) filed a complaint in the U.S. District Court for the Western District of Wisconsin against the six Commissioners of the Wisconsin Elections Commission (WEC) and Megan Wolfe, the WEC Administrator. Represented by private counsel as well as attorneys from the Protect Democracy Project and the MacArthur Justice Center, the plaintiffs alleged that the Wisconsin state primary election held on April 7, 2020, during one of the most acute periods of the COVID-19 pandemic, disenfranchised Wisconsin voters on a massive scale. Specifically, the complaint alleged that by holding elections in which certain populations had to choose between exercising their right to vote and protecting their health, the defendants violated Section 11(b) of the Voting Rights Act, the First and Fourteenth Amendments, the Equal Protection Clause of the Fourteenth Amendment, the Due Process Clause of the Fourteenth Amendment—both substantive and procedural—and the Americans with Disabilities Act. The plaintiffs sought declaratory relief, injunctive relief to require the WEC to take affirmative measures in the then-forthcoming elections, injunctive relief preventing the enforcement of certain state statutes, and attorneys’ fees.

The case was assigned to District Judge William M. Conley and related to cases Democratic National Committee v. Bostelmann (consolidated with Gear v. Bostelmann (3:20-cv-00278) and Lewis v. Bostelmann (3:20-cv-00284) and Edwards v. Vos.

On June 8, 2020, the Republican National Committee, the Republican Party of Wisconsin, and the Wisconsin Legislature (in a separate motion) moved to intervene as defendants in the case, arguing they had interests at stake in the litigation and that the existing defendants would not adequately represent the proposed defendants’ interests. The plaintiffs opposed the RNC and Republican Party’s motion but did not oppose the Legislature’s. On June 23, 2020, Judge Conley granted both motions to intervene. He held that the Legislature had the right to intervene and allowed the RNC and Republican Party to intervene under permissive intervention because, among other reasons, they were already defendants in the above related cases. 

Also on June 23, 2020, the plaintiffs amended their complaint, making minor changes to their factual allegations and removing their claim for relief under substantive due process. The next day, June 24, the plaintiffs moved for a preliminary injunction, arguing that they were likely to prevail on the merits of their claims and without a preliminary injunction they would suffer irreparable harm because the same disenfranchisement alleged to have occurred in the April 7 elections would happen again in the August and November elections. They further argued that the balance of hardships favored an injunction because without judicial intervention the election would be undermined, and the measures proposed would merely create an administrative burden of implementation for the state. The plaintiffs asked the court to prevent the enforcement of Wisconsin statutes pertaining to absentee voting and order the state to take measures to make in-person voting safe while ensuring the accessibility of absentee voting to all Wisconsin voters.

On July 8, 2020, the plaintiffs of all the related cases, some of which were filed prior to the April 7 election, jointly moved for a renewed preliminary injunction for the November general election. They noted that nearly 62 percent of Wisconsin’s electorate chose to vote by mail in the April 7 election and that the pandemic continues to worsen. On July 20, 2020, the defendants opposed the motion, and the Wisconsin State Legislature sought to dismiss the Swenson plaintiffs’ complaints. They argued that, unlike the April Election, Wisconsin voters had months to register to vote and to request an absentee ballot in advance of the November Election.

On September 21, 2020, the court granted the plaintiffs’ preliminary injunction and extended the mail-in ballot deadline, finding that: "(1) an unprecedented number of absentee ballots, which turned the predominance of in-person voting on its head in April, will again overwhelm the WEC and local officials despite their best efforts to prepare; (2) but for an extension of the deadlines for registering to vote electronically and for receipt of absentee ballots, tens of thousands of Wisconsin voters would have been disenfranchised in April; and (3) absent similar relief, will be again in November." 488 F. Supp. 3d.

The court did, however, stay the order for seven days to provide defendants the opportunity to seek an emergency appeal. The defendants filed an interlocutory appeal with the Seventh Circuit two days later, on September 23. On September 29, the Seventh Circuit held that the intervening defendants had no Article III standing to proceed, and denied the interlocutory appeal to stay the district court’s injunction. 976 F.3d 764. However, on October 2, in response to a request for reconsideration, the Seventh Circuit certified to the Supreme Court of Wisconsin the question of whether, under Wis. Stat. § 803.09(2m), the Wisconsin State Legislature had the authority to represent the State of Wisconsin’s interest in the validity of state laws. The court accepted the certification and responded that the Wisconsin State Legislature did indeed have this authority. 949 N.W.2d 423. Thereafter, the Seventh Circuit granted the petition for reconsideration and addressed the Wisconsin State Legislature’s motion on the merits.

On October 8, the Seventh Circuit issued an order staying the injunction issued by the district court pending final disposition of appeals. 977 F.3d 639. The court held that, under Purcell v. Gonzalez, “reading the Constitution to extend deadlines near the election is difficult to justify when the voters have had a long time to cast ballots while preserving social distancing.” Judge Rovner dissented, arguing that by granting the stay, the court “adopt[ed] a hands-off approach to election governance that elevates legislative prerogative over a citizen’s fundamental right to vote.” 

On October 13, the plaintiffs applied to the Supreme Court of the United States to vacate the Seventh Circuit’s stay of the injunction. In an October 26 plurality decision, the Court held merely that the application to vacate the stay was denied. Chief Justice Roberts wrote a concurrence that agreed with the Seventh Circuit that the injunction was untimely given the nearness of the election. Justice Gorsuch, joined by Justice Kavanaugh, wrote a concurrence that argued the District Court’s original injunction was an inappropriate substitution of the court’s judgment for the Wisconsin Legislature’s as to how much protection from COVID-19 was sufficient to protect the voting rights of its citizens. In his own concurrence, Justice Kavanaugh added to the other Justices’ points above that he believed the normal deadline didn’t disenfranchise voters at all in the first place. In dissent, joined by Justices Sotomayor and Breyer, Justice Kagan pointed to the realities that COVID-19 was worse than it was in April, and would likely overwhelm election workers worse in November than it did then, to conclude that disenfranchisement would take place without the injunction. 141 S.Ct. 28.

Following final disposition of all appeals, the Seventh Circuit issued an order on December 18, 2020 vacating the district court’s injunction and remanded with instructions to determine whether a case or controversy continues with respect to any aspect of the case, otherwise the suits should be dismissed as moot. 

Returning to the district court, Judge Conley allowed the remaining plaintiffs until January 29, 2021 to explain why the court should not dismiss their case. Plaintiffs filed stipulations of dismissal on December 23, 2020, and the court terminated the case pursuant to Federal Rule of Civil Procedure 41(a)(1).  

The case is closed.

Summary Authors

Terry Howard (12/28/2022)

Related Cases

Democratic National Committee v. Bostelmann, Western District of Wisconsin (2020)

Edwards v. Vos, Western District of Wisconsin (2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17171340/parties/swenson-jill-v-bostelmann-marge/


Judge(s)
Attorney for Plaintiff

Aguilera, Cecilia Leonarda (Wisconsin)

Benkato, Jamila Goldkamp (District of Columbia)

Brown, Kurt C (California)

Attorney for Defendant

Bach, Daniel P. (Wisconsin)

Expert/Monitor/Master/Other

Browne, Robert Edward Jr. (Illinois)

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Documents in the Clearinghouse

Document

3:20-cv-00459

Docket [PACER]

Jan. 20, 2021

Jan. 20, 2021

Docket
1

3:20-cv-00459

Complaint and Prayer for Declaratory and Injunctive Relief

May 18, 2020

May 18, 2020

Complaint
19

3:20-cv-00459

MEMORANDUM OF LAW IN SUPPORT OF MOTION TO INTERVENE AS DEFENDANTS BY THE REPUBLICAN NATIONAL COMMITTEE AND REPUBLICAN PARTY OF WISCONSIN

June 8, 2020

June 8, 2020

Internal memorandum
38

3:20-cv-00459

Opinion and Order

June 23, 2020

June 23, 2020

Order/Opinion
37

3:20-cv-00459

First Amended Complaint and Prayer for Declaratory and Injunctive Relief

June 23, 2020

June 23, 2020

Complaint
41

3:20-cv-00459

Brief in Support of Plaintiff's Motion for a Preliminary Injunction

June 24, 2020

June 24, 2020

Pleading / Motion / Brief
40

3:20-cv-00459

PLAINTIFFS’ MOTION FOR A PRELIMINARY INJUNCTION

June 24, 2020

June 24, 2020

Pleading / Motion / Brief
169

20-cv-00278

PLAINTIFFS’ MOTION FOR PRELIMINARY INJUNCTION

July 8, 2020

July 8, 2020

Pleading / Motion / Brief
52

3:20-cv-00459

MOTION OF PLAINTIFFS DEMOCRATIC NATIONAL COMMITTEE AND DEMOCRATIC PARTY OF WISCONSIN FOR RENEWED PRELIMINARY INJUNCTION

July 8, 2020

July 8, 2020

Pleading / Motion / Brief
363

3:20-cv-00459

Preliminary Injunction Order

Sept. 21, 2020

Sept. 21, 2020

Order/Opinion

488 F.Supp.3d 488

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17171340/swenson-jill-v-bostelmann-marge/

Last updated March 29, 2024, 3:12 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT AND PRAYER FOR DECLARATORY AND INJUNCTIVE RELIEF against Marge Bostelmann, Julie M. Glancey, Anne S. Jacobs, Dean Knudson, Robert F. Spindell, Jr., Mark L. Thomsen, Meagan Wolfe. ( Filing fee $ 400 receipt number 0758-2679400.), filed by Maria Nelson, Melody McCurtis, Black Leaders Organizing for Communities, Jill Swenson, Disability Rights Wisconsin. (Attachments: # 1 JS-44 Civil Cover Sheet, # 2 Summons Bostelmann, # 3 Summons Glancey, # 4 Summons Jacobs, # 5 Summons Knudson, # 6 Summons Spindell, # 7 Summons Thomsen, # 8 Summons Wolfe) (Godesky, Leah) (Entered: 05/18/2020)

1 JS-44 Civil Cover Sheet

View on PACER

2 Summons Bostelmann

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3 Summons Glancey

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4 Summons Jacobs

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5 Summons Knudson

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6 Summons Spindell

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7 Summons Thomsen

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8 Summons Wolfe

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May 18, 2020

May 18, 2020

Clearinghouse
2

Notice of Appearance filed by Jeffrey Adam Mandell for Plaintiffs Black Leaders Organizing for Communities, Disability Rights Wisconsin, Melody McCurtis, Maria Nelson, Jill Swenson. (Mandell, Jeffrey) (Entered: 05/18/2020)

May 18, 2020

May 18, 2020

PACER
3

Notice of Appearance filed by Douglas Maynard Poland for Plaintiffs Black Leaders Organizing for Communities, Disability Rights Wisconsin, Melody McCurtis, Maria Nelson, Jill Swenson. (Poland, Douglas) (Entered: 05/18/2020)

May 18, 2020

May 18, 2020

PACER

Standard Attachments Sent

May 19, 2020

May 19, 2020

PACER

Add Judge for Shell Case Opening

May 19, 2020

May 19, 2020

PACER

Case non-randomly assigned to District Judge William M. Conley and Magistrate Judge Stephen L. Crocker. See related cases 20-cv-249-wmc, 20-cv-278-wmc, 20-cv-284-wmc, and 20-cv-340-wmc. (kwf)

May 19, 2020

May 19, 2020

PACER

Standard attachments for District Judge William M. Conley required to be served on all parties with summons or waiver of service: NORTC, Corporate Disclosure Statement. (kwf)

May 19, 2020

May 19, 2020

PACER
4

Acknowledgment of Service Executed as to 1 Complaint,, Admission of Service by Defendants filed by Plaintiffs Black Leaders Organizing for Communities, Disability Rights Wisconsin, Melody McCurtis, Maria Nelson, Jill Swenson. (Mandell, Jeffrey) (Entered: 05/19/2020)

May 19, 2020

May 19, 2020

PACER
5

Notice of Appearance filed by Laurence Michael Schwartztol for Plaintiffs Black Leaders Organizing for Communities, Disability Rights Wisconsin, Melody McCurtis, Maria Nelson, Jill Swenson. (Schwartztol, Laurence) (Entered: 05/19/2020)

May 19, 2020

May 19, 2020

PACER
6

Notice of Appearance filed by Cameron Oatman Kistler for Plaintiffs Black Leaders Organizing for Communities, Disability Rights Wisconsin, Melody McCurtis, Maria Nelson, Jill Swenson. (Kistler, Cameron) (Entered: 05/19/2020)

May 19, 2020

May 19, 2020

PACER
7

Notice of Appearance filed by Rachel Goodman for Plaintiffs Black Leaders Organizing for Communities, Disability Rights Wisconsin, Melody McCurtis, Maria Nelson, Jill Swenson. (Goodman, Rachel) (Entered: 05/19/2020)

May 19, 2020

May 19, 2020

PACER
8

Summons Issued as to Marge Bostelmann, Julie M. Glancey, Anne S. Jacobs, Dean Knudson, Robert F. Spindell, Jr., Mark L. Thomsen, Meagan Wolfe. (kwf) (Entered: 05/19/2020)

May 19, 2020

May 19, 2020

PACER
9

Notice of Appearance filed by Farbod Kaycee Faraji for Plaintiffs Black Leaders Organizing for Communities, Disability Rights Wisconsin, Melody McCurtis, Maria Nelson, Jill Swenson. (Faraji, Farbod) (Entered: 05/19/2020)

May 19, 2020

May 19, 2020

PACER
10

Notice of Appearance filed by Dixon R. Gahnz for Defendants Marge Bostelmann, Julie M. Glancey, Anne S. Jacobs, Dean Knudson, Robert F. Spindell, Jr., Mark L. Thomsen, Meagan Wolfe. (Gahnz, Dixon) (Entered: 05/19/2020)

May 19, 2020

May 19, 2020

PACER
11

Notice of Appearance filed by Daniel P. Bach for Defendants Marge Bostelmann, Julie M. Glancey, Anne S. Jacobs, Dean Knudson, Robert F. Spindell, Jr., Mark L. Thomsen, Meagan Wolfe. (Bach, Daniel) (Entered: 05/19/2020)

May 19, 2020

May 19, 2020

PACER
12

Notice of Appearance filed by Daniel Spector Lenz for Defendants Marge Bostelmann, Julie M. Glancey, Anne S. Jacobs, Dean Knudson, Robert F. Spindell, Jr., Mark L. Thomsen, Meagan Wolfe. (Lenz, Daniel) (Entered: 05/19/2020)

May 19, 2020

May 19, 2020

PACER
13

Notice of Appearance filed by Terrence M. Polich for Defendants Marge Bostelmann, Julie M. Glancey, Anne S. Jacobs, Dean Knudson, Robert F. Spindell, Jr., Mark L. Thomsen, Meagan Wolfe. (Polich, Terrence) (Entered: 05/19/2020)

May 19, 2020

May 19, 2020

PACER
14

Notice of Appearance filed by Jonathan Matthew Manes for Plaintiffs Black Leaders Organizing for Communities, Disability Rights Wisconsin, Melody McCurtis, Maria Nelson, Jill Swenson. (Manes, Jonathan) (Entered: 05/19/2020)

May 19, 2020

May 19, 2020

PACER
15

Corporate Disclosure Statement by Plaintiffs Black Leaders Organizing for Communities, Disability Rights Wisconsin. (Faraji, Farbod) (Entered: 05/19/2020)

May 19, 2020

May 19, 2020

PACER
16

Notice of Appearance filed by Jamila Benkato for Plaintiffs Black Leaders Organizing for Communities, Disability Rights Wisconsin, Melody McCurtis, Maria Nelson, Jill Swenson. (Benkato, Jamila) (Entered: 05/27/2020)

May 27, 2020

May 27, 2020

PACER
17

Notice of Appearance filed by Patrick Strawbridge for Intervenor Defendants Republican National Committee, Republican Party Of Wisconsin. (Strawbridge, Patrick) (Entered: 06/08/2020)

June 8, 2020

June 8, 2020

PACER
18

Motion to Intervene by Intervenor Defendants Republican National Committee, Republican Party Of Wisconsin. Response due 6/15/2020. (Strawbridge, Patrick) (Entered: 06/08/2020)

June 8, 2020

June 8, 2020

RECAP
19

Brief in Support of 18 Motion to Intervene by Intervenor Defendants Republican National Committee, Republican Party Of Wisconsin (Strawbridge, Patrick) (Entered: 06/08/2020)

June 8, 2020

June 8, 2020

Clearinghouse
20

Proposed ANSWER by Intervenor Defendants Republican National Committee, Republican Party Of Wisconsin. (Strawbridge, Patrick) (Entered: 06/08/2020)

June 8, 2020

June 8, 2020

RECAP
21

ANSWER by Defendants Marge Bostelmann, Julie M. Glancey, Anne S. Jacobs, Dean Knudson, Robert F. Spindell, Jr., Mark L. Thomsen, Meagan Wolfe. (Lenz, Daniel) (Entered: 06/08/2020)

June 8, 2020

June 8, 2020

PACER
22

Notice of Appearance filed by Misha Tseytlin for Intervenor Defendant The Wisconsin Legislature. (Tseytlin, Misha) (Entered: 06/08/2020)

June 8, 2020

June 8, 2020

PACER
23

Notice of Appearance filed by Kevin Michael LeRoy for Intervenor Defendant The Wisconsin Legislature. (LeRoy, Kevin) (Entered: 06/08/2020)

June 8, 2020

June 8, 2020

PACER
24

Notice of Appearance filed by Sean Dutton for Intervenor Defendant The Wisconsin Legislature. (Dutton, Sean) (Entered: 06/08/2020)

June 8, 2020

June 8, 2020

PACER
25

Unopposed Motion to Intervene by Intervenor Defendant The Wisconsin Legislature. (Tseytlin, Misha) (Entered: 06/08/2020)

June 8, 2020

June 8, 2020

RECAP
26

Brief in Support of 25 Motion to Intervene by Intervenor Defendant The Wisconsin Legislature (Tseytlin, Misha) (Entered: 06/08/2020)

June 8, 2020

June 8, 2020

RECAP
27

Proposed MOTION TO DISMISS by Intervenor Defendant The Wisconsin Legislature. (Tseytlin, Misha) Modified on 6/10/2020. (kwf) (Entered: 06/08/2020)

June 8, 2020

June 8, 2020

RECAP
28

Proposed Brief in Support of 27 Motion to Dismiss by Intervenor Defendant The Wisconsin Legislature (Tseytlin, Misha) (Entered: 06/08/2020)

June 8, 2020

June 8, 2020

RECAP
29

Notice of Appearance filed by Leah Godesky for Plaintiffs Black Leaders Organizing for Communities, Disability Rights Wisconsin, Melody McCurtis, Maria Nelson, Jill Swenson. (Godesky, Leah) (Entered: 06/09/2020)

June 9, 2020

June 9, 2020

PACER
30

Notice of Appearance filed by Anton Metlitsky for Plaintiffs Black Leaders Organizing for Communities, Disability Rights Wisconsin, Melody McCurtis, Maria Nelson, Jill Swenson. (Metlitsky, Anton) (Entered: 06/09/2020)

June 9, 2020

June 9, 2020

PACER
31

Notice of Appearance filed by Molly Manning Lens for Plaintiffs Black Leaders Organizing for Communities, Disability Rights Wisconsin, Melody McCurtis, Maria Nelson, Jill Swenson. (Lens, Molly) (Entered: 06/09/2020)

June 9, 2020

June 9, 2020

PACER
32

Notice of Appearance filed by Jason Zarrow for Plaintiffs Black Leaders Organizing for Communities, Disability Rights Wisconsin, Melody McCurtis, Maria Nelson, Jill Swenson. (Zarrow, Jason) (Entered: 06/09/2020)

June 9, 2020

June 9, 2020

PACER
33

Notice of Appearance filed by Yaira Dubin for Plaintiffs Black Leaders Organizing for Communities, Disability Rights Wisconsin, Melody McCurtis, Maria Nelson, Jill Swenson. (Dubin, Yaira) (Entered: 06/09/2020)

June 9, 2020

June 9, 2020

PACER

Notice to Counsel: Disregard the briefing deadlines set for 27 Proposed MOTION TO DISMISS by Intervenor Defendant The Wisconsin Legislature. (kwf/nks)

June 10, 2020

June 10, 2020

PACER

Notice to Counsel

June 10, 2020

June 10, 2020

PACER
34

Brief in Opposition by Plaintiffs Black Leaders Organizing for Communities, Disability Rights Wisconsin, Melody McCurtis, Maria Nelson, Jill Swenson re: 18 Motion to Intervene filed by Republican National Committee, Republican Party Of Wisconsin (Attachments: # 1 Declaration of Rachel E. Goodman in Support of Plaintiffs' Opposition, # 2 Exhibit Ex. A to Declaration of Rachel E. Goodman) (Benkato, Jamila) (Entered: 06/15/2020)

June 15, 2020

June 15, 2020

PACER
35

Declaration of Rachel E. Goodman filed by Plaintiffs Black Leaders Organizing for Communities, Disability Rights Wisconsin, Melody McCurtis, Maria Nelson, Jill Swenson re: 18 Motion to Intervene (Attachments: # 1 Exhibit A -- Email from Rachel E. Goodman to Cameron Norris) (Benkato, Jamila) (Entered: 06/16/2020)

June 16, 2020

June 16, 2020

PACER
36

Brief in Reply by Intervenor Defendants Republican National Committee, Republican Party Of Wisconsin in Support of 18 Motion to Intervene (Strawbridge, Patrick) (Entered: 06/19/2020)

June 19, 2020

June 19, 2020

PACER
37

AMENDED COMPLAINT AND PRAYER FOR DECLARATORY AND INJUNCTIVE RELIEF against All Defendants, filed by All Plaintiffs. (Goodman, Rachel) (Entered: 06/23/2020)

June 23, 2020

June 23, 2020

Clearinghouse
38

ORDER granting 18 and 25 Motions to Intervene and setting zoom video conference for Monday, June 29, 2020, at 10:00 a.m. Signed by District Judge William M. Conley on 6/23/2020. (mfh) (Entered: 06/23/2020)

June 23, 2020

June 23, 2020

Clearinghouse

Set Hearings: Zoom Status Conference set for 6/29/2020 at 10:00 AM before District Judge William M. Conley. (kwf)

June 24, 2020

June 24, 2020

PACER
39

** TEXT ONLY ORDER **In filing its motion to intervene, the Wisconsin Legislature also submitted a proposed motion to dismiss. (Dkt. # 27 .) Subsequently, the Legislature's motion to intervene was granted (dkt. # 38 ) and plaintiffs filed an amended complaint (dkt. # 37 ). The Legislature is instructed to notify the court by June 26, 2020, as to whether it wishes to proceed on its earlier motion to dismiss or file a new response to plaintiffs' amended complaint. Signed by District Judge William M. Conley on 6/24/2020. (kwf) (Entered: 06/24/2020)

June 24, 2020

June 24, 2020

PACER
40

MOTION FOR PRELIMINARY INJUNCTION by Plaintiffs Black Leaders Organizing for Communities, Disability Rights Wisconsin, Melody McCurtis, Maria Nelson, Jill Swenson. (Dubin, Yaira) (Entered: 06/24/2020)

June 24, 2020

June 24, 2020

Clearinghouse
41

Brief in Support of 40 Motion for Preliminary Injunction by Plaintiffs Black Leaders Organizing for Communities, Disability Rights Wisconsin, Melody McCurtis, Maria Nelson, Jill Swenson (Dubin, Yaira) (Entered: 06/24/2020)

June 24, 2020

June 24, 2020

Clearinghouse
42

Proposed Findings of Fact filed by Plaintiffs Black Leaders Organizing for Communities, Disability Rights Wisconsin, Melody McCurtis, Maria Nelson, Jill Swenson re: 40 Motion for Preliminary Injunction (Statement of Proposed Facts) (Dubin, Yaira) (Entered: 06/24/2020)

June 24, 2020

June 24, 2020

RECAP
43

Declaration of Rachel E. Goodman filed by Plaintiffs Black Leaders Organizing for Communities, Disability Rights Wisconsin, Melody McCurtis, Maria Nelson, Jill Swenson re: 40 Motion for Preliminary Injunction (Attachments: # 1 Ex. 1 - CDC Advice on How COVID-19 Spreads, # 2 Ex. 2 - News Article on COVID Spread In Wisc., # 3 Ex. 3 - June 14 CDC Count of Total COVID-19 Cases and Deaths, # 4 Ex. 4 - Transcript of Feb. 27 WEC Meeting re: COVID, # 5 Ex. 5 - News Article on COVID Public Health Emergency in Wisc., # 6 Ex. 6 - News Article on Bar/Restaurant Closure in Wisc., # 7 Ex. 7 - Tweet from Green Bay Mayor re: Proposal for Mail-in Only Election, # 8 Ex. 8 - News Article on WEC disagreement re: Postponing April Election, # 9 Ex. 9 - WEC March 18 Meeting Update, # 10 Ex. 10 - News Article on Mayor Proposal re: Postponing April Election, # 11 Ex. 11 - Wisc. Health Order #12 Safer at Home, # 12 Ex. 12 - News Article on Legislative Leaders Urging April Election to Move Forward, # 13 Ex. 13 - Wisc. Exec. Order 73, # 14 Ex. 14 - News Article on Legislative Rejection of Postponing April Election, # 15 Ex. 15 - Evers Press Release re: Suspension of In-Person Voting, # 16 Ex. 16 - Wisc. Exec. Order 74, # 17 Ex. 17. - Article on Wisc. Supreme Court Enjoining Order to Postpone Election, # 18 Ex. 18 - WEC Absentee Voting Report for April 7, 2020 Election, # 19 Ex. 19 - Wisc. Dep't. of Health Servs. June 22 COVID Data, # 20 Ex. 20 - MyVote Wisconsin Homepage, # 21 Ex. 21 - Feb. WEC Update on MyVote Issues, # 22 Ex. 22 - Mar. 17 WEC Announcement of Record Pace of Absentee Ballot Requests, # 23 Ex. 23 - News Article on Failures re: Absentee Ballot Request Process, # 24 Ex. 24 - Apr. 18 WEC Meeting memo Summarizing April 7 Election, # 25 Ex. 25 - News Article re: Delivery Malfunctions of Absentee Ballots, # 26 Ex. 26 - Mar. 31 WEC FAQ re: Absentee Ballot Return, # 27 Ex. 27 - News Article re: Long Voter lines in April 7 Election, # 28 Ex. 28 - News Article re: Early Voting Lines in Green Bay, # 29 Ex. 29 - News Article re WEC Deadlock Over Counting Ballots Without Postmarks, # 30 Ex. 30 - News Article re: Ballots Counted post-Election Day Due to Court Decision, # 31 Ex. 31 - Apr. 5 WEC Guidance re Signature Requirement, # 32 Ex. 32 - Mar. 13 WEC FAQ re COVID-19 Effects on Election, # 33 Ex. 33 - Mar. 31 WEC Meeting Materials, Including Absentee FAQ, # 34 Ex. 34 - News Article re: 5 In-Person Voting Centers Plan for Milwaukee, # 35 Ex. 35 - News Article re: 2 and a Half Hour Wait for Wisc. Voters, # 36 Ex. 36 - News Article re: Evers Plan to use Natl. Guard as Poll Workers, # 37 Ex. 37 - News Article re: Disparity in Polling Locations Between Madison and Mil., # 38 Ex. 38 - News Article re: Green Bay Voters Lengthy Wait on Apr. 7, # 39 Ex. 39 - News Article re: Anticipated Poll Worker Shortages for Apr. 7, # 40 Ex. 40 - News Article re: Lines, Mask Adherence by Voters on Apr. 7, # 41 Ex. 41 - Election Day Blog from Milwaukee Journal Sentinel, # 42 Ex. 42 - WEC Approves Sending Absentee Applications to 2.7 Million, # 43 Ex. 43 - News Article Interviewing Wisc. Voters After Election day, # 44 Ex. 44 - Wisc. Election Protection Report on Apr. 7 Election, # 45 Ex. 45 - News Article re: Lengthy Voting Liens, # 46 Ex. 46 - News Article re: Wisc. Election "Madness", # 47 Ex. 47 - News Article re: Poll Workers fear of COVID, # 48 Ex. 48 - IMHE Forecast of 135,000 COVID deaths in the US, # 49 Ex. 49 - UNACAST Social Distancing Scoreboard, # 50 Ex. 50 - News Article on Potential for COVID Outbreak in the Fall, # 51 Ex. 51 - WEC Historical Voting Statistics, # 52 Ex. 52 - Wisc. Dep't of Health Servs. Summary of African-Americans, # 53 Ex. 53 - News Article on WEC Considering Sending Absentee Requests, # 54 Ex. 54 - News Article on WEC Mailing Absentee Request to Most Voters, # 55 Ex. 55 - DNC v. Bostelmann Seventh Circuit Order, # 56 Ex. 56 - Feb. 18 WEC Release on MyVote Issues, # 57 Ex. 57 - Apr. 11 WEC Memo on Absentee Postmark Issues, # 58 Ex. 58 - News Article on High Levels of Absentee Voting in Whitefish Bay, # 59 Ex. 59 - News Article on COVID shutdown of Mil. Early Voting Sites, # 60 Ex. 60 - News Article on Milwaukee Drive-Up Voting, # 61 Ex. 61 - Mar. 29 WEC Absentee Witnessing Guidance, # 62 Ex. 62 - WEC Calendar of Election Events, Nov. 2019-Jan. 2021, # 63 Ex. 63 - News Article on Mid-June Increase in COVID Cases, # 64 Ex. 64 - News Article on Potential Problems in Nov. 2020 Election) (Dubin, Yaira) (Entered: 06/25/2020)

June 24, 2020

June 24, 2020

PACER

Set/Reset Hearings

June 24, 2020

June 24, 2020

PACER

Text Only Order

June 24, 2020

June 24, 2020

PACER
44

Expert Report of Dr. Patrick Remington by Plaintiffs Black Leaders Organizing for Communities, Disability Rights Wisconsin, Melody McCurtis, Maria Nelson, Jill Swenson (Attachments: # 1 Appendix A: Sources Considered, # 2 Appendix B: Curriculum Vitae - Patrick L. Remington, MD, MPH) (Dubin, Yaira) (Entered: 06/25/2020)

June 25, 2020

June 25, 2020

PACER
45

Expert Report of Kevin J. Kennedy by Plaintiffs Black Leaders Organizing for Communities, Disability Rights Wisconsin, Melody McCurtis, Maria Nelson, Jill Swenson (Attachments: # 1 Appendix A: Kevin J. Kennedy CV, # 2 Appendix B: Overview of Voting in Wisconsin, # 3 Appendix C: Sources Considered) (Dubin, Yaira) (Entered: 06/25/2020)

June 25, 2020

June 25, 2020

PACER
46

Expert Report of Anthony Fowler, Ph.D. by Plaintiffs Black Leaders Organizing for Communities, Disability Rights Wisconsin, Melody McCurtis, Maria Nelson, Jill Swenson (Attachments: # 1 Appendix A - Curriculum Vitae, # 2 Appendix B - Sources Considered) (Dubin, Yaira) (Entered: 06/25/2020)

June 25, 2020

June 25, 2020

PACER
47

Declaration of Jill Swenson filed by Plaintiffs Black Leaders Organizing for Communities, Disability Rights Wisconsin, Melody McCurtis, Maria Nelson, Jill Swenson re: 40 Motion for Preliminary Injunction (Dubin, Yaira) (Entered: 06/25/2020)

June 25, 2020

June 25, 2020

PACER
48

Declaration of Melody McCurtis filed by Plaintiffs Black Leaders Organizing for Communities, Disability Rights Wisconsin, Melody McCurtis, Maria Nelson, Jill Swenson re: 40 Motion for Preliminary Injunction (Dubin, Yaira) (Entered: 06/25/2020)

June 25, 2020

June 25, 2020

PACER
49

Declaration of Maria Nelson filed by Plaintiffs Black Leaders Organizing for Communities, Disability Rights Wisconsin, Melody McCurtis, Maria Nelson, Jill Swenson re: 40 Motion for Preliminary Injunction (Dubin, Yaira) (Entered: 06/25/2020)

June 25, 2020

June 25, 2020

PACER
50

Declaration of Angela Lang filed by Plaintiffs Black Leaders Organizing for Communities, Disability Rights Wisconsin, Melody McCurtis, Maria Nelson, Jill Swenson re: 40 Motion for Preliminary Injunction (Dubin, Yaira) (Entered: 06/25/2020)

June 25, 2020

June 25, 2020

PACER
51

Declaration of Kristin Kerschensteiner filed by Plaintiffs Black Leaders Organizing for Communities, Disability Rights Wisconsin, Melody McCurtis, Maria Nelson, Jill Swenson re: 40 Motion for Preliminary Injunction (Dubin, Yaira) (Entered: 06/25/2020)

June 25, 2020

June 25, 2020

PACER
52

** TEXT ONLY ORDER **The parties shall provide the emails for the attorneys who will appear at the June 29, 2020, conference no later than noon tomorrow, June 26, 2020, by emailing them to Melissa_Hardin@wiwd.uscourts.gov. As previously noted, no more than two attorneys may appear for each party. Signed by District Judge William M. Conley on 6/25/2020. (kwf) (Entered: 06/25/2020)

June 25, 2020

June 25, 2020

Clearinghouse
53

Notice of Appearance filed by Robert Edward Browne, Jr for Intervenor Defendant The Wisconsin Legislature. (Browne, Robert) (Entered: 06/25/2020)

June 25, 2020

June 25, 2020

PACER
54

** TEXT ONLY ORDER **The court has received a request from counsel for at least one amicus to participate in the June 29, 2020, video status conference. Normally, this would not be allowed for what is intended to be a scheduling conference, but in an abundance of caution, all amici for plaintiffs and defendants, respectively, may designate one attorney to participate for that side. That individual will be allowed into the zoom video conference by emailing the name to Melissa_Hardin@wiwd.uscourts.gov by noon tomorrow, June 26, 2020. All other counsel for amici may view (but not participate in) the proceedings via the court's live YouTube stream. https://www.youtube.com/channel/UCIvvwLooNn3UX_g9qHQP4bQ/live. Signed by District Judge William M. Conley on 6/25/2020. (kwf) (Entered: 06/25/2020)

June 25, 2020

June 25, 2020

PACER
55

Motion to Admit Cameron Thomas Norris Pro Hac Vice. ( Pro Hac Vice fee $ 100 receipt number 0758-2704099.) by Intervenor Defendants Republican National Committee, Republican Party Of Wisconsin. Motions referred to Magistrate Judge Stephen L. Crocker. (Norris, Cameron) (Entered: 06/25/2020)

June 25, 2020

June 25, 2020

PACER

Text Only Order

June 25, 2020

June 25, 2020

PACER
56

** TEXT ONLY ORDER **ORDER granting 55 Motion to Admit Cameron Thomas Norris Pro Hac Vice. Signed by Magistrate Judge Peter A. Oppeneer on 6/26/2020. (lak) (Entered: 06/26/2020)

June 26, 2020

June 26, 2020

PACER
57

Notice by Intervenor Defendant The Wisconsin Legislature Regarding Response to Amended Complaint. (Tseytlin, Misha) (Entered: 06/26/2020)

June 26, 2020

June 26, 2020

PACER

Order on Motion to Admit Pro Hac Vice

June 26, 2020

June 26, 2020

PACER
58

Minute Entry for proceedings held before District Judge William M. Conley: Status Conference Hearing held on 6/29/2020 [00:54] (Court Reporter JD.) (voc) (Entered: 06/29/2020)

June 29, 2020

June 29, 2020

RECAP
59

** TEXT ONLY ORDER **Consistent with yesterday's hearing, the parties have submitted a written joint stipulated scheduling order (20-cv-249, dkt. # 232 ), which the court GRANTS along with the following additions: On or before noon on August 3, 2020, the parties are to designate a final, joint list of all witnesses to be called to give direct testimony or tendered for cross-examination at the August 5 hearing, and a proposed list of exhibits, as well as proposals to streamline the presentation of evidence and any remaining disputes. Further, at 3 p.m. on August 3, 2020, the court will hold a Zoom conference with the parties in advance of the hearing.Finally, the court previously consolidated three election-related cases, Case Nos. 20-cv-249, 20-cv-278 and 20-cv-284, two of which remain open. The court will consolidate the two more recently-filed cases, Case Nos. 20-cv-340 and 20-cv-459, with these earlier cases. Going forward, the parties should file in Case No. 20-cv-249, and the filings will be automatically spread to the other dockets. Signed by District Judge William M. Conley on 6/30/2020. (kwf) (Entered: 06/30/2020)

June 30, 2020

June 30, 2020

PACER

Text Only Order AND ~Util - Set Motion and R&R Deadlines/Hearings

June 30, 2020

June 30, 2020

PACER

~Util - Set Motion and R&R Deadlines/Hearings AND Text Only Order

June 30, 2020

June 30, 2020

PACER
60

Brief in Reply by Defendants Marge Bostelmann, Julie M. Glancey, Ann S. Jacobs, Dean Knudson, Robert F. Spindell, Jr, Mark L. Thomsen, Wisconsin Elections Commission, Meagan Wolfe in Support of (14 in 3:20-cv-00340-wmc) Motion to Dismiss, Associated Cases: 3:20-cv-00249-wmc, 3:20-cv-00278-wmc, 3:20-cv-00284-wmc, 3:20-cv-00340-wmc, 3:20-cv-00459-wmc (Bach, Daniel) (Entered: 07/02/2020)

July 2, 2020

July 2, 2020

PACER
61

Brief in Reply by Defendants Scott Fitzgerald, Robin Vos, Wisconsin State Assembly, Wisconsin State Senate in Support of (14 in 3:20-cv-00340-wmc) Motion to Dismiss, Associated Cases: 3:20-cv-00249-wmc, 3:20-cv-00278-wmc, 3:20-cv-00284-wmc, 3:20-cv-00340-wmc, 3:20-cv-00459-wmc (Tseytlin, Misha) (Entered: 07/02/2020)

July 2, 2020

July 2, 2020

PACER
62

Motion for Attorney Fees by Plaintiffs American Federation of Teachers Local, 212, AFL-CIO, Black Leaders Organizing for Communities, League of Women Voters of Wisconsin, Greg Lewis, SEIU Wisconsin State Council, Souls to the Polls, Voces De La Frontera. Brief in Opposition due 7/23/2020. Brief in Reply due 8/3/2020. Associated Cases: 3:20-cv-00284-wmc, 3:20-cv-00249-wmc, 3:20-cv-00278-wmc, 3:20-cv-00340-wmc, 3:20-cv-00459-wmc (Pines, Lester) (Entered: 07/02/2020)

July 2, 2020

July 2, 2020

PACER
63

Brief in Support of (38 in 3:20-cv-00340-wmc, 173 in 3:20-cv-00278-wmc, 176 in 3:20-cv-00284-wmc, 238 in 3:20-cv-00249-wmc, 62 in 3:20-cv-00459-wmc) Motion for Attorney Fees, by Plaintiffs American Federation of Teachers Local, 212, AFL-CIO, Black Leaders Organizing for Communities, League of Women Voters of Wisconsin, Greg Lewis, SEIU Wisconsin State Council, Souls to the Polls, Voces De La Frontera Associated Cases: 3:20-cv-00284-wmc, 3:20-cv-00249-wmc, 3:20-cv-00278-wmc, 3:20-cv-00340-wmc, 3:20-cv-00459-wmc (Pines, Lester) (Entered: 07/02/2020)

July 2, 2020

July 2, 2020

PACER
64

Declaration of Lester A Pines filed by Plaintiffs American Federation of Teachers Local, 212, AFL-CIO, Black Leaders Organizing for Communities, League of Women Voters of Wisconsin, Greg Lewis, SEIU Wisconsin State Council, Souls to the Polls, Voces De La Frontera re: (38 in 3:20-cv-00340-wmc, 173 in 3:20-cv-00278-wmc, 176 in 3:20-cv-00284-wmc, 238 in 3:20-cv-00249-wmc, 62 in 3:20-cv-00459-wmc) Motion for Attorney Fees, (Attachments: # 1 Exhibit A - Billing) Associated Cases: 3:20-cv-00284-wmc, 3:20-cv-00249-wmc, 3:20-cv-00278-wmc, 3:20-cv-00340-wmc, 3:20-cv-00459-wmc (Pines, Lester) (Entered: 07/02/2020)

July 2, 2020

July 2, 2020

PACER
65

Declaration of Douglas Poland filed by Plaintiffs American Federation of Teachers Local, 212, AFL-CIO, Black Leaders Organizing for Communities, League of Women Voters of Wisconsin, Greg Lewis, SEIU Wisconsin State Council, Souls to the Polls, Voces De La Frontera re: (38 in 3:20-cv-00340-wmc, 173 in 3:20-cv-00278-wmc, 176 in 3:20-cv-00284-wmc, 238 in 3:20-cv-00249-wmc, 62 in 3:20-cv-00459-wmc) Motion for Attorney Fees, (Attachments: # 1 Exhibit A - Billing) Associated Cases: 3:20-cv-00284-wmc, 3:20-cv-00249-wmc, 3:20-cv-00278-wmc, 3:20-cv-00340-wmc, 3:20-cv-00459-wmc (Pines, Lester) (Entered: 07/02/2020)

July 2, 2020

July 2, 2020

PACER
66

Declaration of Richard Saks filed by Plaintiffs American Federation of Teachers Local, 212, AFL-CIO, Black Leaders Organizing for Communities, League of Women Voters of Wisconsin, Greg Lewis, SEIU Wisconsin State Council, Souls to the Polls, Voces De La Frontera re: (38 in 3:20-cv-00340-wmc, 173 in 3:20-cv-00278-wmc, 176 in 3:20-cv-00284-wmc, 238 in 3:20-cv-00249-wmc, 62 in 3:20-cv-00459-wmc) Motion for Attorney Fees, (Attachments: # 1 Exhibit A - Billing) Associated Cases: 3:20-cv-00284-wmc, 3:20-cv-00249-wmc, 3:20-cv-00278-wmc, 3:20-cv-00340-wmc, 3:20-cv-00459-wmc (Pines, Lester) (Entered: 07/02/2020)

July 2, 2020

July 2, 2020

PACER
67

Declaration of Jeff Scott Olson filed by Plaintiffs American Federation of Teachers Local, 212, AFL-CIO, Black Leaders Organizing for Communities, League of Women Voters of Wisconsin, Greg Lewis, SEIU Wisconsin State Council, Souls to the Polls, Voces De La Frontera re: (38 in 3:20-cv-00340-wmc, 173 in 3:20-cv-00278-wmc, 176 in 3:20-cv-00284-wmc, 238 in 3:20-cv-00249-wmc, 62 in 3:20-cv-00459-wmc) Motion for Attorney Fees, (Attachments: # 1 Exhibit A - CV) Associated Cases: 3:20-cv-00284-wmc, 3:20-cv-00249-wmc, 3:20-cv-00278-wmc, 3:20-cv-00340-wmc, 3:20-cv-00459-wmc (Pines, Lester) (Entered: 07/02/2020)

July 2, 2020

July 2, 2020

PACER
68

Declaration of Walter F Kelly filed by Plaintiffs American Federation of Teachers Local, 212, AFL-CIO, Black Leaders Organizing for Communities, League of Women Voters of Wisconsin, Greg Lewis, SEIU Wisconsin State Council, Souls to the Polls, Voces De La Frontera re: (38 in 3:20-cv-00340-wmc, 173 in 3:20-cv-00278-wmc, 176 in 3:20-cv-00284-wmc, 238 in 3:20-cv-00249-wmc, 62 in 3:20-cv-00459-wmc) Motion for Attorney Fees, (Attachments: # 1 Exhibit A - CV) Associated Cases: 3:20-cv-00284-wmc, 3:20-cv-00249-wmc, 3:20-cv-00278-wmc, 3:20-cv-00340-wmc, 3:20-cv-00459-wmc (Pines, Lester) (Entered: 07/02/2020)

July 2, 2020

July 2, 2020

PACER
69

Declaration of Beth Kushner filed by Plaintiffs American Federation of Teachers Local, 212, AFL-CIO, Black Leaders Organizing for Communities, League of Women Voters of Wisconsin, Greg Lewis, SEIU Wisconsin State Council, Souls to the Polls, Voces De La Frontera re: (38 in 3:20-cv-00340-wmc, 173 in 3:20-cv-00278-wmc, 176 in 3:20-cv-00284-wmc, 238 in 3:20-cv-00249-wmc, 62 in 3:20-cv-00459-wmc) Motion for Attorney Fees, Associated Cases: 3:20-cv-00284-wmc, 3:20-cv-00249-wmc, 3:20-cv-00278-wmc, 3:20-cv-00340-wmc, 3:20-cv-00459-wmc (Pines, Lester) (Entered: 07/02/2020)

July 2, 2020

July 2, 2020

PACER
70

Notice of Appearance filed by Rachel F. Homer for Plaintiffs Black Leaders Organizing for Communities, Disability Rights Wisconsin, Melody McCurtis, Maria Nelson, Jill Swenson. Associated Cases: 3:20-cv-00249-wmc, 3:20-cv-00278-wmc, 3:20-cv-00284-wmc, 3:20-cv-00340-wmc, 3:20-cv-00459-wmc (Homer, Rachel) (Entered: 07/07/2020)

July 7, 2020

July 7, 2020

PACER
71

Deposition of Meagan Wolfe taken on 7/3/2020. Associated Cases: 3:20-cv-00249-wmc, 3:20-cv-00278-wmc, 3:20-cv-00284-wmc, 3:20-cv-00340-wmc, 3:20-cv-00459-wmc (Goode, Joseph) (Entered: 07/08/2020)

July 8, 2020

July 8, 2020

PACER
72

Joint Motion for Extension of Time To File Opposition To Lewis Plaintiffs' Motion for Attorney Fees by Defendants Marge Bostelmann, Julie M. Glancey, Ann S. Jacobs, Dean Knudson, Robert F. Spindell, Jr, Mark L. Thomsen, Meagan Wolfe, Intervenor Defendants Republican National Committee, Republican Party Of Wisconsin, Intervenor Wisconsin State Legislature. Motions referred to Magistrate Judge Stephen L. Crocker. Response due 7/15/2020. Associated Cases: 3:20-cv-00249-wmc, 3:20-cv-00278-wmc, 3:20-cv-00284-wmc, 3:20-cv-00340-wmc, 3:20-cv-00459-wmc (Tseytlin, Misha) (Entered: 07/08/2020)

July 8, 2020

July 8, 2020

PACER
73

Deposition of Robert Spindell taken on 07/07/2020. Associated Cases: 3:20-cv-00249-wmc, 3:20-cv-00278-wmc, 3:20-cv-00284-wmc, 3:20-cv-00340-wmc, 3:20-cv-00459-wmc (Umberger, Michelle) (Entered: 07/08/2020)

July 8, 2020

July 8, 2020

PACER

Set/Reset Deadlines as to 186 Joint Motion for Extension of Time To File Opposition To Lewis Plaintiffs' Motion for Attorney Fees. Response due 7/10/2020. (186 in 3:20-cv-00284-wmc, 183 in 3:20-cv-00278-wmc, 248 in 3:20-cv-00249-wmc, 48 in 3:20-cv-00340-wmc, 72 in 3:20-cv-00459-wmc) (jls)

July 8, 2020

July 8, 2020

PACER
74

Notice of Appearance as Counsel for Amicus Curiae Common Cause Wisconsin filed by Dean Arthur Strang for Amicus Parties Common Cause Wisconsin, Common Cause Wisconsin, Common Cause Wisconsin, Common Cause Wisconsin, Common Cause Wisconsin. Associated Cases: 3:20-cv-00249-wmc, 3:20-cv-00278-wmc, 3:20-cv-00284-wmc, 3:20-cv-00340-wmc, 3:20-cv-00459-wmc (Strang, Dean) (Entered: 07/08/2020)

July 8, 2020

July 8, 2020

PACER
75

Motion for Leave to File Brief as Amicus Curiae by Amicus Common Cause Wisconsin. (Attachments: # 1 Proposed Amicus Brief) Associated Cases: 3:20-cv-00249-wmc, 3:20-cv-00278-wmc, 3:20-cv-00284-wmc, 3:20-cv-00340-wmc, 3:20-cv-00459-wmc (Strang, Dean) (Entered: 07/08/2020)

July 8, 2020

July 8, 2020

PACER
76

MOTION FOR PRELIMINARY INJUNCTION by Plaintiffs Democratic National Committee, Democratic Party of Wisconsin. Associated Cases: 3:20-cv-00249-wmc, 3:20-cv-00278-wmc, 3:20-cv-00284-wmc, 3:20-cv-00340-wmc, 3:20-cv-00459-wmc (Devaney, John) (Entered: 07/08/2020)

July 8, 2020

July 8, 2020

Clearinghouse
77

Declaration of Muawia Albanaweh filed by Plaintiffs Democratic National Committee, Democratic Party of Wisconsin re: (52 in 3:20-cv-00340-wmc, 187 in 3:20-cv-00278-wmc, 76 in 3:20-cv-00459-wmc, 252 in 3:20-cv-00249-wmc, 190 in 3:20-cv-00284-wmc) Motion for Preliminary Injunction, Associated Cases: 3:20-cv-00249-wmc, 3:20-cv-00278-wmc, 3:20-cv-00284-wmc, 3:20-cv-00340-wmc, 3:20-cv-00459-wmc (Devaney, John) (Entered: 07/08/2020)

July 8, 2020

July 8, 2020

PACER
78

Declaration of Heather Anderson filed by Plaintiffs Democratic National Committee, Democratic Party of Wisconsin re: (52 in 3:20-cv-00340-wmc, 187 in 3:20-cv-00278-wmc, 76 in 3:20-cv-00459-wmc, 252 in 3:20-cv-00249-wmc, 190 in 3:20-cv-00284-wmc) Motion for Preliminary Injunction, Associated Cases: 3:20-cv-00249-wmc, 3:20-cv-00278-wmc, 3:20-cv-00284-wmc, 3:20-cv-00340-wmc, 3:20-cv-00459-wmc (Devaney, John) (Entered: 07/08/2020)

July 8, 2020

July 8, 2020

PACER
79

Declaration of Pamela Baranowski filed by Plaintiffs Democratic National Committee, Democratic Party of Wisconsin re: (52 in 3:20-cv-00340-wmc, 187 in 3:20-cv-00278-wmc, 76 in 3:20-cv-00459-wmc, 252 in 3:20-cv-00249-wmc, 190 in 3:20-cv-00284-wmc) Motion for Preliminary Injunction, Associated Cases: 3:20-cv-00249-wmc, 3:20-cv-00278-wmc, 3:20-cv-00284-wmc, 3:20-cv-00340-wmc, 3:20-cv-00459-wmc (Devaney, John) (Entered: 07/08/2020)

July 8, 2020

July 8, 2020

PACER
80

Declaration of Robert Baranowski filed by Plaintiffs Democratic National Committee, Democratic Party of Wisconsin re: (52 in 3:20-cv-00340-wmc, 187 in 3:20-cv-00278-wmc, 76 in 3:20-cv-00459-wmc, 252 in 3:20-cv-00249-wmc, 190 in 3:20-cv-00284-wmc) Motion for Preliminary Injunction, Associated Cases: 3:20-cv-00249-wmc, 3:20-cv-00278-wmc, 3:20-cv-00284-wmc, 3:20-cv-00340-wmc, 3:20-cv-00459-wmc (Devaney, John) (Entered: 07/08/2020)

July 8, 2020

July 8, 2020

PACER
81

Declaration of Thomas Barnum filed by Plaintiffs Democratic National Committee, Democratic Party of Wisconsin re: (52 in 3:20-cv-00340-wmc, 187 in 3:20-cv-00278-wmc, 76 in 3:20-cv-00459-wmc, 252 in 3:20-cv-00249-wmc, 190 in 3:20-cv-00284-wmc) Motion for Preliminary Injunction, Associated Cases: 3:20-cv-00249-wmc, 3:20-cv-00278-wmc, 3:20-cv-00284-wmc, 3:20-cv-00340-wmc, 3:20-cv-00459-wmc (Devaney, John) (Entered: 07/08/2020)

July 8, 2020

July 8, 2020

PACER
82

Declaration of Sandra Barrette filed by Plaintiffs Democratic National Committee, Democratic Party of Wisconsin re: (52 in 3:20-cv-00340-wmc, 187 in 3:20-cv-00278-wmc, 76 in 3:20-cv-00459-wmc, 252 in 3:20-cv-00249-wmc, 190 in 3:20-cv-00284-wmc) Motion for Preliminary Injunction, Associated Cases: 3:20-cv-00249-wmc, 3:20-cv-00278-wmc, 3:20-cv-00284-wmc, 3:20-cv-00340-wmc, 3:20-cv-00459-wmc (Devaney, John) (Entered: 07/08/2020)

July 8, 2020

July 8, 2020

PACER
83

Declaration of Milton Bartelme filed by Plaintiffs Democratic National Committee, Democratic Party of Wisconsin re: (52 in 3:20-cv-00340-wmc, 187 in 3:20-cv-00278-wmc, 76 in 3:20-cv-00459-wmc, 252 in 3:20-cv-00249-wmc, 190 in 3:20-cv-00284-wmc) Motion for Preliminary Injunction, Associated Cases: 3:20-cv-00249-wmc, 3:20-cv-00278-wmc, 3:20-cv-00284-wmc, 3:20-cv-00340-wmc, 3:20-cv-00459-wmc (Devaney, John) (Entered: 07/08/2020)

July 8, 2020

July 8, 2020

PACER
84

Declaration of Rosalie Beck filed by Plaintiffs Democratic National Committee, Democratic Party of Wisconsin re: (52 in 3:20-cv-00340-wmc, 187 in 3:20-cv-00278-wmc, 76 in 3:20-cv-00459-wmc, 252 in 3:20-cv-00249-wmc, 190 in 3:20-cv-00284-wmc) Motion for Preliminary Injunction, Associated Cases: 3:20-cv-00249-wmc, 3:20-cv-00278-wmc, 3:20-cv-00284-wmc, 3:20-cv-00340-wmc, 3:20-cv-00459-wmc (Devaney, John) (Entered: 07/08/2020)

July 8, 2020

July 8, 2020

PACER
85

Declaration of Anthony Berg filed by Plaintiffs Democratic National Committee, Democratic Party of Wisconsin re: (52 in 3:20-cv-00340-wmc, 187 in 3:20-cv-00278-wmc, 76 in 3:20-cv-00459-wmc, 252 in 3:20-cv-00249-wmc, 190 in 3:20-cv-00284-wmc) Motion for Preliminary Injunction, Associated Cases: 3:20-cv-00249-wmc, 3:20-cv-00278-wmc, 3:20-cv-00284-wmc, 3:20-cv-00340-wmc, 3:20-cv-00459-wmc (Devaney, John) (Entered: 07/08/2020)

July 8, 2020

July 8, 2020

PACER
86

Declaration of Judy Lynne Bergeson filed by Plaintiffs Democratic National Committee, Democratic Party of Wisconsin re: (52 in 3:20-cv-00340-wmc, 187 in 3:20-cv-00278-wmc, 76 in 3:20-cv-00459-wmc, 252 in 3:20-cv-00249-wmc, 190 in 3:20-cv-00284-wmc) Motion for Preliminary Injunction, Associated Cases: 3:20-cv-00249-wmc, 3:20-cv-00278-wmc, 3:20-cv-00284-wmc, 3:20-cv-00340-wmc, 3:20-cv-00459-wmc (Devaney, John) (Entered: 07/08/2020)

July 8, 2020

July 8, 2020

PACER

Case Details

State / Territory: Wisconsin

Case Type(s):

Election/Voting Rights

Disability Rights

Special Collection(s):

COVID-19 (novel coronavirus)

Healthy Elections COVID litigation tracker

Key Dates

Filing Date: May 18, 2020

Closing Date: Jan. 20, 2021

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Wisconsin voters disenfranchised in the April 2020 election and non-profit organizations

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Attorney Organizations:

MacArthur Justice Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Wisconsin Elections Commission, None

Republican National Committee (- United States (national) -), Political Party

Wisconsin Legislature, State

Republican Party of Wisconsin, Political Party

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Voting Rights Act, unspecified, 52 U.S.C. § 10301 et seq (previously 42 U.S.C § 1973 et seq.)

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Freedom of speech/association

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Preliminary injunction / Temp. restraining order

Source of Relief:

None

Content of Injunction:

Preliminary relief granted

Issues

Disability and Disability Rights:

disability, unspecified

Reasonable Accommodations

Reasonable Modifications

Discrimination Basis:

Age discrimination

Disability (inc. reasonable accommodations)

Race discrimination

Voting:

Election administration

Voting: General & Misc.