Case: Feehan v. Wisconsin Elections Commission

2:20-cv-01771 | U.S. District Court for the Eastern District of Wisconsin

Filed Date: Dec. 1, 2020

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Case Summary

This case stemmed from alleged voter fraud in the State of Wisconsin during the 2020 presidential election. In the decade preceding the 2020 election, Wisconsin passed various laws aimed at ensuring the integrity of absentee ballots. These laws included, in relevant part, requirements that most voters presented a photo ID at the time of registering for an absentee ballot (Wis. Stat. §§ 6.34; 6.79) and absentee ballots contained certain certifications from both the voter and a stated witness in …

During the 2020 presidential election, Wisconsin accepted votes on both an in-person and absentee basis. For in-person voters, votes were cast and counted using machines manufactured by a company called Dominion Voting Systems. After tallying the votes, the Wisconsin Elections Commission (“WEC”) determined that Democratic nominee Joe Biden had defeated incumbent Republican nominee Donald Trump by a margin of just 20,565 votes. The WEC subsequently certified the vote on November 30, 2020.

On December 1, 2020, a nominee of the Republican Party to be a presidential elector for the State of Wisconsin filed suit in the U.S. District Court for the Eastern District of Wisconsin seeking to reverse the Wisconsin Election Commission’s certification of the presidential election results. In his complaint, the plaintiff alleged that the administration of the election in the State of Wisconsin was violative of the elections and electors clauses of the Constitution, and the due process and equal protection clauses of the 14th Amendment, anchoring his claims in 42 U.S.C. § 1983.

The factual underpinnings of the plaintiff’s claims fell into two, broad categories. The first set of facts related to the WEC’s administration and alleged violation of Wisconsin state election laws relating to absentee ballots. According to the plaintiff, the WEC failed to ensure that absentee ballots were properly distributed and subsequently counted. The second set of facts related to alleged issued associated with the machines used to count votes. According to the plaintiff, various statistical anomalies and alleged interests by the manufacturer of the voting machines, Dominion Voting Systems, demonstrated that the vote was counted inaccurately, if not fraudulently.

Soon after the complaint was filed, on December 7, 2020, the defendants filed motions to dismiss on the bases that the plaintiff lacked standing to bring his claims, the case was moot in that the vote had already been certified, the court should abstain from weighing in on the issues presented in the case, the plaintiff failed to exhaust administrative remedies, the 11th Amendment barred the claims, and the doctrine of laches (unwarranted delay) applied.

On December 9, 2020, the court issued an order dismissing each of the plaintiff’s claims, explaining that the plaintiff’s status as a designated presidential on behalf of the Republican party did not provide standing. In so ordering, the court pointed to jurisprudence from other judicial circuits, which held that the standing of a presidential elector is no different than that of ordinary voters, who do not have standing either.

While the court dismissed the case on standing grounds, the court also discussed the defendants’ other arguments in dicta. With respect to mootness, the court noted that the vote had already been certified, which casted serious doubt on the court’s ability to step in and change the outcome. Addressing the 11th Amendment argument, the court noted that state sovereign immunity prevented the court from granting relief against the State of Wisconsin absent “an ongoing violation of federal law.” Because the relief the plaintiff sought was retroactive, no relief could be granted.

On December 10, 2020, the plaintiff filed an appeal with the U.S Court of Appeals for the Seventh Circuit to challenge the district court’s dismissal of the case. In January 2021, while the appeal was still pending, the parties reached an agreement to dismiss the appeal. Thereafter, on February 23, 2021, the Seventh Circuit entered an order dismissing the appeal and directing the district court to dismiss the case as moot. The Eastern District of Wisconsin dismissed the case.

	Document
1 2:20-cv-01771	Complaint for Declaratory, Emergency, and Permanent Injunctive Relief Feehan, Et Al V. Wisconsin Elections Com, Et Al	Dec. 1, 2020	Dec. 1, 2020 Complaint
3 2:20-cv-01771	Plaintiffs’ Memorandum In Support of Motion for Declaratory, Emergency, and Permanent Injunctive Relief Feehan, Et Al V. Wisconsin Elections Com, Et Al	Dec. 1, 2020	Dec. 1, 2020 Pleading / Motion / Brief
54 2:20-cv-01771	Defendants Wisconsin Elections Commission and Its Members' Brief in Support of Motion to Dismiss Feehan, Et Al V. Wisconsin Elections Com, Et Al	Dec. 7, 2020	Dec. 7, 2020 Pleading / Motion / Brief
59 2:20-cv-01771	Brief of Governor Tony Evers in Support of His Motion to Dismiss Plaintiff's Amended Complaint Feehan, Et Al V. Wisconsin Elections Com, Et Al	Dec. 7, 2020	Dec. 7, 2020 Pleading / Motion / Brief
52 2:20-cv-01771	Defendant Commission and Commissioners' Response Opposing Plaintiff's Motion for a Temporary Restraining Order and Preliminary Injunction	Dec. 7, 2020	Dec. 7, 2020 Pleading / Motion / Brief
72 2:20-cv-01771	Plaintiff's Consolidated Responses to Defendants' Motions to Dismiss and Replies to Responses of Defendants and Amici in Opposition to Motion for Declaratory, Emergency, and Permanent Injunctive Relief and Memorandum In Support Thereof Feehan, Et Al V. Wisconsin Elections Com, Et Al	Dec. 8, 2020	Dec. 8, 2020 Pleading / Motion / Brief
83 2:20-cv-01771	Order Granting Defendants' Motions to Dismiss (Dkt. Nos. 51, 53), Denying as Moot Plaintiff's Amended Motion for Injunctive Relief (Dkt. No. 6) and Dismissing Case Feehan, Et Al V. Wisconsin Elections Com, Et Al	Dec. 9, 2020	Dec. 9, 2020 Order/Opinion 506 F.Supp.3d 596
73 2:20-cv-01771	Defendant Governor Tony Evers's Reply in Support of His Motion to Dismiss Plaintiff's Amended Complaint Feehan, Et Al V. Wisconsin Elections Com, Et Al	Dec. 9, 2020	Dec. 9, 2020 Pleading / Motion / Brief
84 2:20-cv-01771	Plaintiff's Notice of Appeal Feehan, Et Al V. Wisconsin Elections Com, Et Al	Dec. 10, 2020	Dec. 10, 2020 Pleading / Motion / Brief
96 2:20-cv-01771	Order Feehan, Et Al V. Wisconsin Elections Com, Et Al U.S. Court of Appeals for the Seventh Circuit	Feb. 23, 2021	Feb. 23, 2021 Order/Opinion

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against All Plaintiffs by William Feehan. ( Filing Fee PAID $400 receipt number AWIEDC-3652059) (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit, # 21 Exhibit, # 22 Exhibit, # 23 Exhibit, # 24 Exhibit, # 25 Exhibit, # 26 Exhibit, # 27 Exhibit)(Dean, Michael) (Additional attachment(s) added on 12/1/2020: # 28 Civil Cover Sheet) (jcl). 1 Exhibit View on RECAP 2 Exhibit View on RECAP 3 Exhibit View on RECAP 4 Exhibit View on RECAP 5 Exhibit View on RECAP 6 Exhibit View on RECAP 7 Exhibit View on RECAP 8 Exhibit View on RECAP 9 Exhibit View on RECAP 10 Exhibit View on RECAP 11 Exhibit View on RECAP 12 Exhibit View on RECAP 13 Exhibit View on RECAP 14 Exhibit View on RECAP 15 Exhibit View on RECAP 16 Exhibit View on RECAP 17 Exhibit View on RECAP 18 Exhibit View on RECAP 19 Exhibit View on RECAP 20 Exhibit View on RECAP 21 Exhibit View on RECAP 22 Exhibit View on RECAP 23 Exhibit View on RECAP 24 Exhibit View on RECAP 25 Exhibit View on RECAP 26 Exhibit View on RECAP 27 Exhibit View on RECAP 28 Civil Cover Sheet View on RECAP	Dec. 1, 2020	Dec. 1, 2020 Clearinghouse
2	MOTION for Temporary Restraining Order by All Plaintiffs. (Dean, Michael)	Dec. 1, 2020	Dec. 1, 2020 Clearinghouse
3	BRIEF in Support filed by All Plaintiffs re 2 MOTION for Temporary Restraining Order . (Dean, Michael)	Dec. 1, 2020	Dec. 1, 2020 Clearinghouse
	NOTICE Regarding assignment of this matter to Chief Judge Pamela Pepper; 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)	Dec. 1, 2020	Dec. 1, 2020 PACER
4	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)	Dec. 1, 2020	Dec. 1, 2020 PACER
5	DISCLOSURE Statement by All Plaintiffs. (Dean, Michael)	Dec. 1, 2020	Dec. 1, 2020 RECAP
6	MOTION to Amend/Correct Docket # 2: PLAINTIFFS MOTION FOR DECLARATORY, EMERGENCY, AND PERMANENT INJUNCTIVE RELIEF by All Plaintiffs. (Attachments: # 1 Text of Proposed Order)(Dean, Michael) 1 Text of Proposed Order View on RECAP	Dec. 1, 2020	Dec. 1, 2020 RECAP
1	COMPLAINT against All Plaintiffs by William Feehan. ( Filing Fee PAID $400 receipt number AWIEDC-3652059) (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit, # 21 Exhibit, # 22 Exhibit, # 23 Exhibit, # 24 Exhibit, # 25 Exhibit, # 26 Exhibit, # 27 Exhibit)(Dean, Michael) (Additional attachment(s) added on 12/1/2020: # 28 Civil Cover Sheet) (jcl). 1 Exhibit View on RECAP 2 Exhibit View on RECAP 3 Exhibit View on RECAP 4 Exhibit View on RECAP 5 Exhibit View on RECAP 6 Exhibit View on RECAP 7 Exhibit View on RECAP 8 Exhibit View on RECAP 9 Exhibit View on RECAP 10 Exhibit View on RECAP 11 Exhibit View on RECAP 12 Exhibit View on RECAP 13 Exhibit View on RECAP 14 Exhibit View on RECAP 15 Exhibit View on RECAP 16 Exhibit View on RECAP 17 Exhibit View on RECAP 18 Exhibit View on RECAP 19 Exhibit View on RECAP 20 Exhibit View on RECAP 21 Exhibit View on RECAP 22 Exhibit View on RECAP 23 Exhibit View on RECAP 24 Exhibit View on RECAP 25 Exhibit View on RECAP 26 Exhibit View on RECAP 27 Exhibit View on RECAP 28 Civil Cover Sheet View on RECAP	Dec. 1, 2020	Dec. 1, 2020 RECAP
2	MOTION for Temporary Restraining Order by All Plaintiffs. (Dean, Michael)	Dec. 1, 2020	Dec. 1, 2020 RECAP
3	BRIEF in Support filed by All Plaintiffs re 2 MOTION for Temporary Restraining Order . (Dean, Michael)	Dec. 1, 2020	Dec. 1, 2020 RECAP
	NOTICE Regarding assignment of this matter to Chief Judge Pamela Pepper; 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)	Dec. 1, 2020	Dec. 1, 2020 PACER
4	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)	Dec. 1, 2020	Dec. 1, 2020 PACER
5	DISCLOSURE Statement by All Plaintiffs. (Dean, Michael)	Dec. 1, 2020	Dec. 1, 2020 RECAP
6	MOTION to Amend/Correct Docket # 2: PLAINTIFFS MOTION FOR DECLARATORY, EMERGENCY, AND PERMANENT INJUNCTIVE RELIEF by All Plaintiffs. (Attachments: # 1 Text of Proposed Order)(Dean, Michael) 1 Text of Proposed Order View on RECAP	Dec. 1, 2020	Dec. 1, 2020 RECAP
7	ORDER signed by Chief Judge Pamela Pepper on 12/2/2020 re 6 Amended Motion for Injunctive Relief. (cc: all counsel)(cb)	Dec. 2, 2020	Dec. 2, 2020 RECAP
8	NOTICE of Appearance by Sidney Powell on behalf of All Plaintiffs. Attorney(s) appearing: Sidney Powell (Powell, Sidney)	Dec. 2, 2020	Dec. 2, 2020 RECAP
7	ORDER signed by Chief Judge Pamela Pepper on 12/2/2020 re 6 Amended Motion for Injunctive Relief. (cc: all counsel)(cb)	Dec. 2, 2020	Dec. 2, 2020 RECAP
8	NOTICE of Appearance by Sidney Powell on behalf of All Plaintiffs. Attorney(s) appearing: Sidney Powell (Powell, Sidney)	Dec. 2, 2020	Dec. 2, 2020 RECAP
9	AMENDED COMPLAINT removing Derrick Van Orden as Plaintiff against All Defendants filed by William Feehan. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit)(Dean, Michael) 1 Exhibit View on RECAP 2 Exhibit View on RECAP 3 Exhibit View on RECAP 4 Exhibit View on RECAP 5 Exhibit View on RECAP 6 Exhibit View on RECAP 7 Exhibit View on RECAP 8 Exhibit View on RECAP 9 Exhibit View on RECAP 10 Exhibit View on RECAP 11 Exhibit View on RECAP 12 Exhibit View on RECAP 13 Exhibit View on RECAP 14 Exhibit View on RECAP 15 Exhibit View on RECAP 16 Exhibit View on RECAP 17 Exhibit View on RECAP 18 Exhibit View on RECAP 19 Exhibit View on RECAP	Dec. 3, 2020	Dec. 3, 2020 RECAP
10	Emergency MOTION to Amend/Correct Docket # 6: PLAINTIFFS CORRECTED MOTION FOR DECLARATORY, EMERGENCY, AND PERMANENT INJUNCTIVE RELIEF by William Feehan. (Attachments: # 1 Information Sheet Proposed Briefing Schedule)(Dean, Michael) 1 Information Sheet Proposed Briefing Schedule View on RECAP	Dec. 3, 2020	Dec. 3, 2020 RECAP
11	NOTICE of Appearance by Jeffrey A Mandell on behalf of Tony Evers. Attorney(s) appearing: Jeffrey A. Mandell (Mandell, Jeffrey)	Dec. 3, 2020	Dec. 3, 2020 RECAP
12	NOTICE of Appearance by Rachel E Snyder on behalf of Tony Evers. Attorney(s) appearing: Rachel E. Snyder (Snyder, Rachel)	Dec. 3, 2020	Dec. 3, 2020 RECAP
13	NOTICE of Appearance by Howard Kleinhendler on behalf of William Feehan. Attorney(s) appearing: Howard Kleinhendler (Kleinhendler, Howard)	Dec. 3, 2020	Dec. 3, 2020 RECAP
14	MOTION to Intervene by James Gesbeck. (Attachments: # 1 Proposed Answer, # 2 Certificate of Service)(asc) 1 Proposed Answer View on RECAP 2 Certificate of Service View on RECAP	Dec. 3, 2020	Dec. 3, 2020 RECAP
15	BRIEF in Support filed by James Gesbeck re 14 MOTION to Intervene. (asc)	Dec. 3, 2020	Dec. 3, 2020 RECAP
16	MOTION Reassign Case Pursuant to Civil L.R. 3(b) by Tony Evers. (Attachments: # 1 Exhibit 1 - Notice from Case 20-CV-1785)(Mandell, Jeffrey) 1 Exhibit 1 - Notice from Case 20-CV-1785 View on RECAP	Dec. 3, 2020	Dec. 3, 2020 RECAP
17	NOTICE of Appearance by Sean Michael Murphy on behalf of Marge Bostelmann, Julie M Glancey, Ann S Jacobs, Dean Knudson, Robert F Spindell, Jr, Mark L Thomsen, Wisconsin Elections Commission. Attorney(s) appearing: Sean Michael Murphy, Jody J. Schmelzer, Colin T. Roth (Murphy, Sean)	Dec. 3, 2020	Dec. 3, 2020 RECAP
18	RESPONSE to Motion filed by William Feehan re 16 MOTION Reassign Case Pursuant to Civil L.R. 3(b) . (Dean, Michael)	Dec. 3, 2020	Dec. 3, 2020 RECAP
19	ORDER signed by Chief Judge Pamela Pepper on 12/3/2020 DENYING 16 defendant Tony Evers's motion to reassign case pursuant to Civil L.R. 3(b). (cc: all counsel)(cb)	Dec. 3, 2020	Dec. 3, 2020 RECAP
20	NOTICE of Appearance by Charles G Curtis, Jr on behalf of Democratic National Committee. Attorney(s) appearing: Charles G. Curtis (Curtis, Charles)	Dec. 3, 2020	Dec. 3, 2020 RECAP
21	NOTICE of Appearance by Michelle M Umberger on behalf of Democratic National Committee. Attorney(s) appearing: Michelle M. Umberger (Umberger, Michelle)	Dec. 3, 2020	Dec. 3, 2020 RECAP
	Party Derrick Van Orden terminated. (amb)	Dec. 3, 2020	Dec. 3, 2020 PACER
9	AMENDED COMPLAINT removing Derrick Van Orden as Plaintiff against All Defendants filed by William Feehan. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit)(Dean, Michael) 1 Exhibit View on RECAP 2 Exhibit View on RECAP 3 Exhibit View on RECAP 4 Exhibit View on RECAP 5 Exhibit View on RECAP 6 Exhibit View on RECAP 7 Exhibit View on RECAP 8 Exhibit View on RECAP 9 Exhibit View on RECAP 10 Exhibit View on RECAP 11 Exhibit View on RECAP 12 Exhibit View on RECAP 13 Exhibit View on RECAP 14 Exhibit View on RECAP 15 Exhibit View on RECAP 16 Exhibit View on RECAP 17 Exhibit View on RECAP 18 Exhibit View on RECAP 19 Exhibit View on RECAP	Dec. 3, 2020	Dec. 3, 2020 RECAP
10	Emergency MOTION to Amend/Correct Docket # 6: PLAINTIFFS CORRECTED MOTION FOR DECLARATORY, EMERGENCY, AND PERMANENT INJUNCTIVE RELIEF by William Feehan. (Attachments: # 1 Information Sheet Proposed Briefing Schedule)(Dean, Michael) 1 Information Sheet Proposed Briefing Schedule View on RECAP	Dec. 3, 2020	Dec. 3, 2020 RECAP
11	NOTICE of Appearance by Jeffrey A Mandell on behalf of Tony Evers. Attorney(s) appearing: Jeffrey A. Mandell (Mandell, Jeffrey)	Dec. 3, 2020	Dec. 3, 2020 RECAP
12	NOTICE of Appearance by Rachel E Snyder on behalf of Tony Evers. Attorney(s) appearing: Rachel E. Snyder (Snyder, Rachel)	Dec. 3, 2020	Dec. 3, 2020 RECAP
13	NOTICE of Appearance by Howard Kleinhendler on behalf of William Feehan. Attorney(s) appearing: Howard Kleinhendler (Kleinhendler, Howard)	Dec. 3, 2020	Dec. 3, 2020 RECAP
14	MOTION to Intervene by James Gesbeck. (Attachments: # 1 Proposed Answer, # 2 Certificate of Service)(asc) 1 Proposed Answer View on RECAP 2 Certificate of Service View on RECAP	Dec. 3, 2020	Dec. 3, 2020 RECAP
15	BRIEF in Support filed by James Gesbeck re 14 MOTION to Intervene. (asc)	Dec. 3, 2020	Dec. 3, 2020 RECAP
16	MOTION Reassign Case Pursuant to Civil L.R. 3(b) by Tony Evers. (Attachments: # 1 Exhibit 1 - Notice from Case 20-CV-1785)(Mandell, Jeffrey) 1 Exhibit 1 - Notice from Case 20-CV-1785 View on RECAP	Dec. 3, 2020	Dec. 3, 2020 RECAP

Case: Feehan v. Wisconsin Elections Commission

2:20-cv-01771 | U.S. District Court for the Eastern District of Wisconsin

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