Case: Langenhorst v. Pecore

1:20-cv-01701 | U.S. District Court for the Eastern District of Wisconsin

Filed Date: Nov. 12, 2020

Closed Date: Nov. 16, 2020

Clearinghouse coding complete

Case Summary

This case stems from Democratic presidential nominee Joe Biden’s narrow victory against incumbent Republican President Donald Trump in Wisconsin during the 2020 presidential election. During the election, Wisconsin’s voting administration with respect to both in-person and absentee ballots was called into question. This case centered on whether Wisconsin voters who had been issued absentee ballots could vote twice – first, by submitting an absentee ballot; and, second, by voting in person. Foll…

This case stems from Democratic presidential nominee Joe Biden’s narrow victory against incumbent Republican President Donald Trump in Wisconsin during the 2020 presidential election. During the election, Wisconsin’s voting administration with respect to both in-person and absentee ballots was called into question. This case centered on whether Wisconsin voters who had been issued absentee ballots could vote twice – first, by submitting an absentee ballot; and, second, by voting in person.

Following the election, on November 12, 2020, three Wisconsin voters brought suit against Wisconsin’s elections administrators and its governor seeking an order requiring the State to exclude the presidential election results in the Counties of Menominee, Dane, and Milwaukee. The plaintiffs filed suit in the U.S. District for the Eastern District of Wisconsin. According to the plaintiffs, there was sufficient evidence of illegal voting and vote dilution to establish that their rights had been violated under 42 U.S.C. § 1983 and the First and Fourteenth Amendments. Accordingly, the plaintiffs sought expedited injunctive relief prior to the Wisconsin Election Commission’s certification of the vote and the eventual vote of the Electoral College.

On November 16, 2020, each of the three plaintiff’s voluntarily dismissed their claims. The case was closed shortly thereafter.

Summary Authors

Corey Nevers (12/4/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/18625260/parties/langenhorst-v-pecore/


Judge(s)

Griesbach, William C. (Wisconsin)

Attorney for Plaintiff

Dean, Michael D (Wisconsin)

Gallant, Jeffrey P (Wisconsin)

Attorney for Defendant

Anstaett, David L (Wisconsin)

Greenbaum, Jon (Wisconsin)

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Documents in the Clearinghouse

Document
1

1:20-cv-01701

Verified Complaint for Declaratory and Injunctive Relief

Langenhorst, Et Al v. Pecore, Et Al

Nov. 12, 2020

Nov. 12, 2020

Complaint
8

1:20-cv-01701

Plaintiff's Memorandum Supporting Motion to Expedite

Langenhorst, Et Al V. Pecore, Et Al

Nov. 13, 2020

Nov. 13, 2020

Pleading / Motion / Brief

2020 WL 6993802

27

1:20-cv-01701

Plaintiffs' Notice of Voluntary Dismissal

Langenhorst, Et Al V. Pecore, Et Al

Nov. 16, 2020

Nov. 16, 2020

Other
26

1:20-cv-01701

Plaintiffs' Notice of Voluntary Dismissal

Langenhorst, Et Al V. Pecore, Et Al

Nov. 16, 2020

Nov. 16, 2020

Other
25

1:20-cv-01701

Plaintiffs' Notice of Voluntary Dismissal

Langenhorst, Et Al V. Pecore, Et Al

Nov. 16, 2020

Nov. 16, 2020

Other

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/18625260/langenhorst-v-pecore/

Last updated Aug. 9, 2025, 10:21 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants by Michael LeMay, Michael J Langenhorst, Stephen Fifrick. ( Filing Fee PAID $400 receipt number AWIEDC-3634237) (Attachments: # 1 Civil Cover Sheet, # 2 Civil Cover Sheet)(Dean, Michael) Modified on 11/13/2020 (tlf).

1 Civil Cover Sheet

View on RECAP

2 Civil Cover Sheet

View on RECAP

Nov. 12, 2020

Nov. 12, 2020

RECAP

Notice of Judge Assignment

Nov. 12, 2020

Nov. 12, 2020

PACER

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 here. 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)

Nov. 12, 2020

Nov. 12, 2020

PACER
2

Magistrate Judge Jurisdiction Form filed by All Plaintiffs. (NOTICE: Pursuant to Fed.R.Civ.P. 73 this document is not viewable by the judge.) (Dean, Michael)

Nov. 12, 2020

Nov. 12, 2020

PACER
3

DISCLOSURE Statement by All Plaintiffs. (Dean, Michael)

Nov. 12, 2020

Nov. 12, 2020

RECAP
4

DOCUMENT REFILED; INCORRECT EVENT CHOSEN. AMENDED DOCUMENT by All Plaintiffs. Complaint with Verifications (Dean, Michael) Modified on 11/13/2020 (tlf).

Nov. 12, 2020

Nov. 12, 2020

RECAP
5

AMENDED COMPLAINT against All Defendants filed by Michael LeMay, Michael J Langenhorst, Stephen Fifrick.(tlf) (Entered: 11/13/2020)

Nov. 12, 2020

Nov. 12, 2020

RECAP
6

REQUEST for Issuance of Summons by All Plaintiffs (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons, # 9 Summons, # 10 Summons, # 11 Summons, # 12 Summons, # 13 Summons)(Dean, Michael)

1 Summons

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2 Summons

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3 Summons

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4 Summons

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5 Summons

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6 Summons

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7 Summons

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8 Summons

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9 Summons

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10 Summons

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11 Summons

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12 Summons

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13 Summons

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Nov. 13, 2020

Nov. 13, 2020

PACER

Summons Issued

Nov. 13, 2020

Nov. 13, 2020

PACER

Notice of Hearing

Nov. 13, 2020

Nov. 13, 2020

PACER

Summons Issued as to All Defendants. (tlf)

Nov. 13, 2020

Nov. 13, 2020

PACER
7

MOTION to Expedite Scheduling and Discovery by All Plaintiffs. (Attachments: # 1 Text of Proposed Order)(Dean, Michael) Modified on 11/16/2020 (tlf).

1 Text of Proposed Order

View on RECAP

Nov. 13, 2020

Nov. 13, 2020

PACER
8

BRIEF in Support filed by All Plaintiffs re 7 MOTION to Expedite Scheduling and Discovery. (Dean, Michael) Modified on 11/16/2020 (tlf).

Nov. 13, 2020

Nov. 13, 2020

RECAP
9

NOTICE of Appearance by James Bopp, Jr on behalf of All Plaintiffs. Attorney(s) appearing: James Bopp, Jr. (Bopp, James)

Nov. 13, 2020

Nov. 13, 2020

PACER
10

NOTICE of Appearance by Jeffrey P Gallant on behalf of All Plaintiffs. Attorney(s) appearing: Jeffrey P. Gallant (Gallant, Jeffrey)

Nov. 13, 2020

Nov. 13, 2020

PACER

NOTICE of Hearing: Telephone Status Conference set for 11/16/2020 10:30 AM before Judge William C Griesbach. Instructions: Members of the public/press who wish to listen to this hearing should contact the Clerk at 920-455-7380 prior to the telephone conference. At the time of the telephone conference they may connect to the call at 1-888-273-3658, using Access Code 4416978, and Security Code 1234. (tlf)

Nov. 13, 2020

Nov. 13, 2020

PACER

NOTICE of Hearing: Telephone Status Conference set for 11/16/2020 10:30 AM 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 Please contact the Office of the Clerk at 920-455-7381 or 920-455-7380 if you should have any questions. (Modified Text and regenerated NEF on 11/16/2020. ) (lh)

Nov. 13, 2020

Nov. 13, 2020

PACER
11

MOTION to Intervene by Democratic Party of Wisconsin. (Attachments: # 1 Text of Proposed Order)(Anstaett, David)

1 Text of Proposed Order

View on RECAP

Nov. 13, 2020

Nov. 13, 2020

RECAP
12

BRIEF in Support filed by Democratic Party of Wisconsin re 11 MOTION to Intervene . (Attachments: # 1 Exhibit 1-Proposed Answer)(Anstaett, David)

1 Exhibit 1-Proposed Answer

View on RECAP

Nov. 13, 2020

Nov. 13, 2020

RECAP
13

MOTION to Intervene and for Leave to File Responsive Pleading on Same Schedule as Defendants by Wisconsin State Conference NAACP, Dorothy Harrell, Wendell J. Harris, Sr., Earnestine Moss. (Halpin, John)

Nov. 14, 2020

Nov. 14, 2020

PACER
14

DECLARATION of Dorothy Harrell in Support of Motion to Intervene (Halpin, John)

Nov. 14, 2020

Nov. 14, 2020

PACER
15

DECLARATION of Wendell J. Harris, Sr. in Support of Motion to Intervene (Halpin, John)

Nov. 14, 2020

Nov. 14, 2020

PACER
16

DECLARATION of Earnestine Moss in Support of Motion to Intervene (Halpin, John)

Nov. 14, 2020

Nov. 14, 2020

RECAP
17

BRIEF in Support filed by Dorothy Harrell, Wendell J. Harris, Sr., Earnestine Moss, Wisconsin State Conference NAACP re 13 MOTION to Intervene and for Leave to File Responsive Pleading on Same Schedule as Defendants . (Attachments: # 1 Exhibit 1 - Pennsylvania Decision)(Halpin, John)

1 Exhibit 1 - Pennsylvania Decision

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Nov. 14, 2020

Nov. 14, 2020

RECAP
18

MOTION to Intervene by League of Women Voters of Wisconsin, Louise Petering, Melanie Ramey. (Attachments: # 1 Exhibit MOTION TO DISMISS OF [PROPOSED] INTERVENOR-DEFENDANTS LEAGUE OF WOMEN VOTERS OF WISCONSIN, LOUISE PETERING, AND MELANIE RAMEY PURSUANT TO FED. R. CIV. P. 12(B)(6) FOR FAILURE TO STATE A CLAIM ON THE MERITS AND FED. R. CIV. P. 9(B), AND MEMORANDUM OF LAW IN SUPPORT)(Poland, Douglas)

1 Exhibit MOTION TO DISMISS OF [PROPOSED] INTERVENOR-DEFENDANTS LEAGUE OF WOMEN VO

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Nov. 15, 2020

Nov. 15, 2020

PACER
19

NOTICE of Appearance by Steven C Kilpatrick on behalf of Marge Bostelmann, Tony Evers, Julie M Glancey, Ann S Jacobs, Dean Knudson, Thomsen L Mark, Robert F Spindell, Jr. Attorney(s) appearing: Steven Kilpatrick, Thomas Bellavia, Colin Roth (Kilpatrick, Steven)

Nov. 15, 2020

Nov. 15, 2020

PACER
20

BRIEF in Support filed by League of Women Voters of Wisconsin, Louise Petering, Melanie Ramey re 18 MOTION to Intervene . (Poland, Douglas)

Nov. 15, 2020

Nov. 15, 2020

RECAP
21

DECLARATION of Debra Cronmiller (Poland, Douglas)

Nov. 15, 2020

Nov. 15, 2020

PACER
22

DECLARATION of Louise Petering (Poland, Douglas)

Nov. 15, 2020

Nov. 15, 2020

PACER
23

DECLARATION of Melanie Ramey (Poland, Douglas)

Nov. 15, 2020

Nov. 15, 2020

PACER
24

NOTICE of Appearance by Andrew A Jones on behalf of Rick Baas, George Christenson, Julietta Henry, Dawn Martin, Laura Pecore, Tim Posnanski. Attorney(s) appearing: Andrew A. Jones (Jones, Andrew)

Nov. 16, 2020

Nov. 16, 2020

PACER

Terminated Case

Nov. 16, 2020

Nov. 16, 2020

PACER
25

NOTICE of Voluntary Dismissal by Michael J Langenhorst. (Dean, Michael)

Nov. 16, 2020

Nov. 16, 2020

RECAP
26

NOTICE of Voluntary Dismissal by Michael LeMay. (Dean, Michael)

Nov. 16, 2020

Nov. 16, 2020

RECAP
27

NOTICE of Voluntary Dismissal by Stephen Fifrick. (Dean, Michael)

Nov. 16, 2020

Nov. 16, 2020

RECAP

Case Dismissed upon the Plaintiffs' Notices of Voluntary Dismissal. The Telephone Status Conference scheduled for 10:30 am is CANCELLED. (lh)

Nov. 16, 2020

Nov. 16, 2020

PACER
28

NOTICE of Appearance by Jon Greenbaum on behalf of Dorothy Harrell, Wendell J. Harris, Sr., Earnestine Moss, Wisconsin State Conference NAACP. Attorney(s) appearing: Jon Greenbaum (Greenbaum, Jon)

Nov. 16, 2020

Nov. 16, 2020

RECAP

Terminate Case - Notice Attorneys

Nov. 16, 2020

Nov. 16, 2020

PACER