Case: West v. Wisconsin Elections Commission

1:20-cv-01348 | U.S. District Court for the Eastern District of Wisconsin

Filed Date: Sept. 1, 2020

Closed Date: Sept. 4, 2020

Clearinghouse coding complete

Case Summary

This federal district court decision addresses whether timely filing an application for names to appear on election ballots under Wisconsin state law presents a substantial federal question to establish federal jurisdiction.  On August 28, 2020, plaintiffs filed this lawsuit in Wisconsin Circuit Court.  On September 1, 2020, defendant Wisconsin Elections Commission removed the case to federal court in the Eastern District of Wisconsin, arguing that the action contained a claim arising under the…

This federal district court decision addresses whether timely filing an application for names to appear on election ballots under Wisconsin state law presents a substantial federal question to establish federal jurisdiction.  On August 28, 2020, plaintiffs filed this lawsuit in Wisconsin Circuit Court.  On September 1, 2020, defendant Wisconsin Elections Commission removed the case to federal court in the Eastern District of Wisconsin, arguing that the action contained a claim arising under the federal Constitution, which presented a substantial federal question.  District Judge William Griesbach remanded the case to state court, holding that the case rested entirely on interpretations of state law on timeliness of filing nominating papers.  The federal district court decision did not address the merits of plaintiffs’ claim.

In their state-court complaint filed on August 28, 2020, the plaintiffs sued the Commission, alleging it erroneously interpreted state law and thereby acted unconstitutionally in denying Plaintiffs access to the ballot.  Plaintiffs alleged that the Commission violated state law in ruling that the nominating papers for plaintiffs were late because they were delivered to the Commission 14 seconds after 5:00 p.m., where state law requires filing "not later than 5 p.m."  In addition, Plaintiffs sought a declaration that the Commission acted unconstitutionally and violated Article II of the Constitution's provision that state law governs the election of federal officers.

On September 1, 2020, the Commission removed the case to federal court, based on the plaintiffs' cause of action arising under the federal Constitution.  On September 1, 2020, Plaintiffs filed a motion for remand. On September 3, 2020, the Court granted the order for remand and disposed of the federal case. 

The federal case is now closed.

Summary Authors

Rebecca Shore (11/16/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/18196914/parties/west-v-wisconsin-elections-commission/


Judge(s)

Griesbach, William C. (Wisconsin)

Attorney for Plaintiff

Erickson, Gregory M (Wisconsin)

Kaardal, Erick G (Wisconsin)

Attorney for Defendant

Keckhaver, Karla Z (Wisconsin)

Kilpatrick, Steven C (Wisconsin)

show all people

Documents in the Clearinghouse

Document
1

1:20-cv-01348

Notice of Removal

Sept. 1, 2020

Sept. 1, 2020

Pleading / Motion / Brief
1-1

1:20-cv-01348

Exhibit A: Circuit Court Filings

Sept. 1, 2020

Sept. 1, 2020

Other
5

1:20-cv-01348

Motion to Intervene by Complaints Before the Wisconsin Elections Commission, William Brent, III , Richard C. Hughes, Keith Smith, & Lauren Steven

Sept. 1, 2020

Sept. 1, 2020

Pleading / Motion / Brief
31

1:20-cv-01348

Decision and Order Granting Plaintiffs' Motion to Remand to State Court

Sept. 3, 2020

Sept. 3, 2020

Order/Opinion

2020 WL 5253844

Docket

See docket on RECAP: https://www.courtlistener.com/docket/18196914/west-v-wisconsin-elections-commission/

Last updated Aug. 9, 2025, 10:23 p.m.

ECF Number Description Date Link Date / Link
1

NOTICE OF REMOVAL by Wisconsin Elections Commission from Brown County Circuit Court, Case Number: 20CV812 with attached state court documents. (Filing Fee PAID $400 receipt number AWIEDC-3557531) (Attachments: # 1 Exhibit Circuit Court filings)(Kilpatrick, Steven)

1 Exhibit Circuit Court filings

View on RECAP

Sept. 1, 2020

Sept. 1, 2020

RECAP

NOTICE Regarding assignment of this matter to Judge William C Griesbach ;Consent/refusal forms for Magistrate Judge Joseph to be filed within 21 days;the consent/refusal form is available on our website ;pursuant to Civil Local Rule 7.1 a disclosure statement is to be filed upon the first filing of any paper and should be filed now if not already filed (jcl)

Sept. 1, 2020

Sept. 1, 2020

PACER
2

Magistrate Judge Jurisdiction Form filed by Wisconsin Elections Commission. (NOTICE: Pursuant to Fed.R.Civ.P. 73 this document is not viewable by the judge.) (Kilpatrick, Steven)

Sept. 1, 2020

Sept. 1, 2020

PACER
3

NOTICE of Appearance by Karla Z Keckhaver on behalf of All Defendants. Attorney(s) appearing: Karla Z. Keckhaver (Keckhaver, Karla)

Sept. 1, 2020

Sept. 1, 2020

PACER

NOTICE of Electronic Filing Error re 1 Notice of Removal, filed by Wisconsin Elections Commission. The Civil Cover sheet should have been filed as an attachment to the main document. This document does NOT need to be re-filed; Please refer to the policies and procedures for electronic case filing and the user manual found at www.wied.uscourts.gov (lh)

Sept. 1, 2020

Sept. 1, 2020

PACER
4

NOTICE of Appearance by Jeffrey A Mandell on behalf of William Brent, III, Richard C. Hughes, Keith Smith, Lauren Steven. Attorney(s) appearing: Jeffrey A. Mandell (Mandell, Jeffrey)

Sept. 1, 2020

Sept. 1, 2020

PACER
5

MOTION to Intervene by William Brent, III, Richard C. Hughes, Keith Smith, Lauren Steven. (Attachments: # 1 Exhibit 1 - Proposed Answer and Cross-Claim, # 2 Exhibit A - Verified Complaint, # 3 Exhibit B - Affidavit of Devin Remiker, # 4 Exhibit C (part 1) - Affidavit of Charles Myers, # 5 Exhibit C (part 2) - Affidavit of Charles Myers, # 6 Exhibit C (part 3) - Affidavit of Charles Myers, # 7 Exhibit D - Affidavit of Ora Brown, # 8 Exhibit E - Affidavit of Sharon Brown, # 9 Exhibit F - Affidavit of Trais Haire, # 10 Exhibit G - Affidavit of Sharita Kostuck, # 11 Exhibit H - Affidavit of Darlene Lewis, # 12 Exhibit I - Affidavit of Tobisha Lyones, # 13 Exhibit J - Affidavit of Cherrel Pernell, # 14 Exhibit K - Affidavit of Jeffrey Whittley, # 15 Exhibit L - Affidavit of Hazel Linsy, # 16 Exhibit M - Affidavit of Kezgnar Mayes, # 17 Exhibit N - Affidavit of Virginia McCorty, # 18 Exhibit O - Affidavit of Ian Mcallister, # 19 Exhibit P - Affidavit of Robert Schmidt, # 20 Exhibit Q - Affidavit of Ernestine Tye, # 21 Exhibit R - Affidavit of Lynnette Smith, # 22 Exhibit S - Affidavit of Derek Jeter, # 23 Exhibit T - Reply Brief and Supplemental Remiker Affidavit, # 24 Exhibit U - WEC Staff Memo)(Mandell, Jeffrey)

1 Exhibit 1 - Proposed Answer and Cross-Claim

View on PACER

2 Exhibit A - Verified Complaint

View on PACER

3 Exhibit B - Affidavit of Devin Remiker

View on RECAP

4 Exhibit C (part 1) - Affidavit of Charles Myers

View on PACER

5 Exhibit C (part 2) - Affidavit of Charles Myers

View on PACER

6 Exhibit C (part 3) - Affidavit of Charles Myers

View on PACER

7 Exhibit D - Affidavit of Ora Brown

View on PACER

8 Exhibit E - Affidavit of Sharon Brown

View on PACER

9 Exhibit F - Affidavit of Trais Haire

View on PACER

10 Exhibit G - Affidavit of Sharita Kostuck

View on PACER

11 Exhibit H - Affidavit of Darlene Lewis

View on PACER

12 Exhibit I - Affidavit of Tobisha Lyones

View on PACER

13 Exhibit J - Affidavit of Cherrel Pernell

View on PACER

14 Exhibit K - Affidavit of Jeffrey Whittley

View on RECAP

15 Exhibit L - Affidavit of Hazel Linsy

View on RECAP

16 Exhibit M - Affidavit of Kezgnar Mayes

View on PACER

17 Exhibit N - Affidavit of Virginia McCorty

View on PACER

18 Exhibit O - Affidavit of Ian Mcallister

View on PACER

19 Exhibit P - Affidavit of Robert Schmidt

View on RECAP

20 Exhibit Q - Affidavit of Ernestine Tye

View on PACER

21 Exhibit R - Affidavit of Lynnette Smith

View on RECAP

22 Exhibit S - Affidavit of Derek Jeter

View on PACER

23 Exhibit T - Reply Brief and Supplemental Remiker Affidavit

View on PACER

24 Exhibit U - WEC Staff Memo

View on PACER

Sept. 1, 2020

Sept. 1, 2020

RECAP

Notice of Judge Assignment

Sept. 1, 2020

Sept. 1, 2020

PACER

Notice of Electronic Filing Error

Sept. 1, 2020

Sept. 1, 2020

PACER
6

DOCUMENT TO BE REFILED. Expedited MOTION to Remand to State Court by Fred Krumberger, Michelle Tidball, Kanye West. (Magnuson, James) Modified on 9/3/2020 (tlf).

Sept. 2, 2020

Sept. 2, 2020

PACER
7

DOCUMENT TO BE REFILED. NOTICE by All Plaintiffs Notice of Hearing on Motion to Remand (Magnuson, James) Modified on 9/3/2020 (tlf).

Sept. 2, 2020

Sept. 2, 2020

PACER
8

DOCUMENT TO BE REFILED. BRIEF in Support filed by All Plaintiffs re 6 Expedited MOTION to Remand to State Court . (Attachments: # 1 Word Count Certificate)(Magnuson, James) Modified on 9/3/2020 (tlf).

Sept. 2, 2020

Sept. 2, 2020

PACER
9

DOCUMENT TO BE REFILED. DECLARATION of Gregory M. Erickson . (Attachments: # 1 Exhibit 1)(Magnuson, James) Modified on 9/3/2020 (tlf).

Sept. 2, 2020

Sept. 2, 2020

PACER
10

DOCUMENT TO BE REFILED. DECLARATION of Lane Ruhland . (Magnuson, James) Modified on 9/3/2020 (tlf).

Sept. 2, 2020

Sept. 2, 2020

PACER
11

DOCUMENT TO BE REFILED. PROPOSED Order for Remand filed by All Plaintiffs. (Magnuson, James) Modified on 9/3/2020 (tlf).

Sept. 2, 2020

Sept. 2, 2020

PACER
12

DOCUMENT TO BE REFILED. Expedited MOTION for Temporary Restraining Order by All Plaintiffs. (Magnuson, James) Modified on 9/3/2020 (tlf). Modified on 9/3/2020 to term motion(cav).

Sept. 2, 2020

Sept. 2, 2020

PACER
13

DOCUMENT TO BE REFILED. NOTICE by All Plaintiffs Notice of Hearing on Motion for Temporary Restraining Order (Magnuson, James) Modified on 9/3/2020 (tlf).

Sept. 2, 2020

Sept. 2, 2020

PACER
14

DOCUMENT TO BE REFILED. BRIEF in Support filed by All Plaintiffs re 12 Expedited MOTION for Temporary Restraining Order . (Attachments: # 1 Word Count Certificate)(Magnuson, James) Modified on 9/3/2020 (tlf).

Sept. 2, 2020

Sept. 2, 2020

PACER
15

DOCUMENT TO BE REFILED. DECLARATION of Gregory M. Erickson . (Attachments: # 1 Exhibit 1)(Magnuson, James) Modified on 9/3/2020 (tlf).

Sept. 2, 2020

Sept. 2, 2020

PACER
16

DOCUMENT TO BE REFILED. DECLARATION of Lane Ruhland . (Magnuson, James) Modified on 9/3/2020 (tlf).

Sept. 2, 2020

Sept. 2, 2020

PACER
17

DOCUMENT TO BE REFILED. PROPOSED Temporary Restraining Order filed by All Plaintiffs. (Magnuson, James) Modified on 9/3/2020 (tlf).

Sept. 2, 2020

Sept. 2, 2020

PACER
18

NOTICE of Hearing: (cc: all counsel) ATT TELEPHONE Status Conference set for TODAY, 9/3/2020 at 02:00 PM (CT) By Telephone before Judge William C Griesbach. Instructions: Participants are to call in to 1-888-273-3658, using Access Code 4416978, and Security Code 1234. Please be sure to call in prior to the time that the hearing is scheduled to begin so that there is no disruption to the court proceeding. To ensure a clear record of the hearing, participants should not use a speaker phone. Unless otherwise excused, all participants are expected to remain on the call for the duration of the conference. All participants are to confirm their appearance with the Clerk prior to the date of the hearing. Verification of your participation should be sent to wied_clerks_gb@wied.uscourts.gov (lh)

Sept. 3, 2020

Sept. 3, 2020

PACER

NOTICE of Electronic Filing Error re 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16 and 17 .All documents should contain the s/signature of the attorney who files the document. These documents were signed by Gregory M Erickson and filed by James Magnusson. James Magnusson is not an attorney of record and has not filed a notice of appearance. These documents must be signed and re-filed by an attorney of record. All documents other than declarations or affidavits should contain the s/signature of the attorney who files the document. Proposed Orders should be filed as an attachment to the motion and should not be filed as a separate docket entry. Please refer to the policies and procedures for electronic case filing and the user manual found at www.wied.uscourts.gov (tlf)

Sept. 3, 2020

Sept. 3, 2020

PACER
19

Expedited MOTION to Remand to State Court by All Plaintiffs. (Attachments: # 1 Text of Proposed Order)(Erickson, Gregory)

1 Text of Proposed Order

View on PACER

Sept. 3, 2020

Sept. 3, 2020

PACER
20

NOTICE by All Plaintiffs Notice of Hearing on Motion to Remand (Erickson, Gregory)

Sept. 3, 2020

Sept. 3, 2020

PACER
21

BRIEF in Support filed by All Plaintiffs re 19 Expedited MOTION to Remand to State Court . (Attachments: # 1 Word Count Certificate)(Erickson, Gregory)

1 Word Count Certificate

View on PACER

Sept. 3, 2020

Sept. 3, 2020

PACER
22

AFFIDAVIT of Gregory M. Erickson . (Attachments: # 1 Exhibit 1)(Erickson, Gregory)

Sept. 3, 2020

Sept. 3, 2020

PACER
23

AFFIDAVIT of Lane Ruhland . (Erickson, Gregory)

Sept. 3, 2020

Sept. 3, 2020

PACER
24

Expedited MOTION for Temporary Restraining Order by All Plaintiffs. (Attachments: # 1 Text of Proposed Order)(Erickson, Gregory)

1 Text of Proposed Order

View on PACER

Sept. 3, 2020

Sept. 3, 2020

PACER
25

NOTICE by All Plaintiffs Notice of Hearing on Motion for Temporary Restraining Order (Erickson, Gregory)

Sept. 3, 2020

Sept. 3, 2020

PACER
26

BRIEF in Support filed by All Plaintiffs re 24 Expedited MOTION for Temporary Restraining Order . (Attachments: # 1 Word Count Certificate)(Erickson, Gregory)

1 Word Count Certificate

View on PACER

Sept. 3, 2020

Sept. 3, 2020

PACER
27

AFFIDAVIT of Gregory M. Erickson . (Attachments: # 1 Exhibit 1)(Erickson, Gregory)

1 Exhibit 1

View on PACER

Sept. 3, 2020

Sept. 3, 2020

PACER
28

AFFIDAVIT of Lane Ruhland . (Erickson, Gregory)

Sept. 3, 2020

Sept. 3, 2020

RECAP
29

EXHIBIT (Flash Drive) received by William Brent, III, Richard C. Hughes, Keith Smith, Lauren Steven regarding attachments to 5 Motion to Intervene. (lh) (Flash Drive sent to chambers)

Sept. 3, 2020

Sept. 3, 2020

PACER
30

NOTICE of Appearance by Gregory M Erickson on behalf of All Plaintiffs. Attorney(s) appearing: Gregory M. Erickson and William F. Mohrman (Erickson, Gregory)

Sept. 3, 2020

Sept. 3, 2020

PACER
31

ORDER REMANDING CASE, signed by Judge William C Griesbach on 09/03/2020. The Commission has failed to carry its burden of demonstrating that Plaintiffs state law claim raises a substantial federal issue. ECF No. 24 , Expedited Motion for Temporary Restraining Order filed by Michelle Tidball, Kanye West, and Fred Krumberger AND 5 Motion to Intervene filed by Lauren Steven, Keith Smith, Richard C. Hughes, and William Brent, III are DENIED AS MOOT. The Clerk is directed to send a certified copy of the Remand Order and a certified copy of the docket to the Circuit Court of Brown County. (cc: all counsel)(Griesbach, William)

Sept. 3, 2020

Sept. 3, 2020

RECAP
32

Minute Entry for proceedings held before Judge William C Griesbach: Status Conference held on 9/3/2020. The Court will decide the motion for remand and jurisdiction issue. (Tape #090320) (cav) (Entered: 09/04/2020)

Sept. 3, 2020

Sept. 3, 2020

PACER

Notice of Electronic Filing Error

Sept. 3, 2020

Sept. 3, 2020

PACER

Certified Copies of Order Remanding Case 31 and docket sheet sent via U.S. Mail to Clerk, Brown County Circuit Court. (tlf)

Sept. 4, 2020

Sept. 4, 2020

PACER
33

TRANSCRIPT of TELEPHONIC STATUS CONFERENCE held on 9/3/2020 before Judge William Griesbach Court Reporter/Transcriber John Schindhelm, Contact at www.johnschindhelm.com to order directly... OR. Transcripts may be purchased using the Transcript Order Form found on our website or viewed at the court public terminal. NOTICE RE REDACTION OF TRANSCRIPTS: If necessary, within 7 business days each party shall inform the Court of their intent to redact personal identifiers by filing a Notice of Intent to Redact. Please read the policy located on our website www.wied.uscourts.gov Redaction Statement due 9/28/2020. Redacted Transcript Deadline set for 10/8/2020. Release of Transcript Restriction set for 12/7/2020. (Schindhelm, John)

Sept. 4, 2020

Sept. 4, 2020

PACER

Terminate Case - Notice Attorneys AND Copies Mailed

Sept. 4, 2020

Sept. 4, 2020

PACER

Case Details

State / Territory: Wisconsin

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: Sept. 1, 2020

Closing Date: Sept. 4, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs are two private parties who wished to have their names on Wisconsin's ballot for the November 3, 2020 general presidential and vice presidential election, and one presidential elector.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Wisconsin Elections Commission, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

State law

Available Documents:

Trial Court Docket

Outcome

Prevailing Party: Plaintiff

Source of Relief:

Litigation

Issues

Voting:

Candidate qualifications

Voting: General & Misc.