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.

Summary Authors

Corey Nevers (12/1/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/63314592/parties/feehan-v-wisconsin-elections-commission/

Judge(s)

Attorney for Plaintiff

Dean, Michael D (Wisconsin)

Attorney for Defendant

Brook, Davida (Wisconsin)

Expert/Monitor/Master/Other

Bouchoux, Christopher (Wisconsin)

Conarck, Jacob (Wisconsin)

Conley, Will McDonell (Wisconsin)

Judge(s)

Pepper, Pamela (Wisconsin)

Attorney for Plaintiff

Dean, Michael D (Wisconsin)

Eastman, Daniel J (Wisconsin)

Haller, Julia Z (Wisconsin)

Johnson, Brandon (Wisconsin)

Kleinhendler, Howard (Wisconsin)

Newman, Emily P (Wisconsin)

Powell, Sidney (Wisconsin)

Wood, L Lin (Wisconsin)

Attorney for Defendant

Brook, Davida (Wisconsin)

Gesbeck, James (Wisconsin)

Jr, Stephen Shackelford (Wisconsin)

Mandell, Jeffrey A (Wisconsin)

Manthe, Richard (Wisconsin)

Morrissey, Stephen (Wisconsin)

Murphy, Sean Michael (Wisconsin)

Nelson, Justin A (Wisconsin)

Roth, Colin T (Wisconsin)

Schmelzer, Jody J (Wisconsin)

Smith, Paul M (Wisconsin)

Snyder, Rachel E (Wisconsin)

Other

Bouchoux, Christopher (Wisconsin)

Conarck, Jacob (Wisconsin)

Conley, Will McDonell (Wisconsin)

Dycus, Jamie (Wisconsin)

Goode, Joseph S (Wisconsin)

Greenbaum, Jon (Wisconsin)

Halpin, John W (Wisconsin)

Jr, Charles G (Wisconsin)

Kemp, Michelle M (Wisconsin)

Laffey, Allison E (Wisconsin)

Leitner, Mark M (Wisconsin)

Lesser, David S (Wisconsin)

Rosenberg, Ezra D (Wisconsin)

Shah, Sopen B (Wisconsin)

Waxman, Seth P (Wisconsin)

Yu, Joseph J (Wisconsin)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

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
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
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
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
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
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
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

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Resources

Resources related to this case
Title	Description		External URL Date / External URL
Feehan v. Wisconsin Elections Commission	Plaintiff, a Republican presidential elector for the state of Wisconsin, alleged that the Wisconsin Elections Commission violated the Election Code. Plaintiff alleged that defendant used the Dominion…	May 12, 2021	May 12, 2021 https://healthyelections-case-tracker.stanford.edu/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/63314592/feehan-v-wisconsin-elections-commission/

Last updated June 30, 2026, 6:35 a.m.

Docket for: Feehan v. Wisconsin Elections Commission

ECF Number	Date	Description	Link
1	Dec. 1, 2020	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	RECAP
1	Dec. 1, 2020	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).	RECAP
2	Dec. 1, 2020	MOTION for Temporary Restraining Order by All Plaintiffs. (Dean, Michael)	RECAP
2	Dec. 1, 2020	MOTION for Temporary Restraining Order by All Plaintiffs. (Dean, Michael)	RECAP
3	Dec. 1, 2020	BRIEF in Support filed by All Plaintiffs re 2 MOTION for Temporary Restraining Order . (Dean, Michael)	RECAP
3	Dec. 1, 2020	BRIEF in Support filed by All Plaintiffs re 2 MOTION for Temporary Restraining Order . (Dean, Michael)	RECAP
4	Dec. 1, 2020	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)	RECAP
4	Dec. 1, 2020	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)	RECAP
5	Dec. 1, 2020	DISCLOSURE Statement by All Plaintiffs. (Dean, Michael)	RECAP
5	Dec. 1, 2020	DISCLOSURE Statement by All Plaintiffs. (Dean, Michael)	RECAP
6	Dec. 1, 2020	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	RECAP
6	Dec. 1, 2020	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)	RECAP
	Dec. 1, 2020	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	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)
7	Dec. 2, 2020	ORDER signed by Chief Judge Pamela Pepper on 12/2/2020 re 6 Amended Motion for Injunctive Relief. (cc: all counsel)(cb)	RECAP
7	Dec. 2, 2020	ORDER signed by Chief Judge Pamela Pepper on 12/2/2020 re 6 Amended Motion for Injunctive Relief. (cc: all counsel)(cb)	RECAP
8	Dec. 2, 2020	NOTICE of Appearance by Sidney Powell on behalf of All Plaintiffs. Attorney(s) appearing: Sidney Powell (Powell, Sidney)	RECAP
8	Dec. 2, 2020	NOTICE of Appearance by Sidney Powell on behalf of All Plaintiffs. Attorney(s) appearing: Sidney Powell (Powell, Sidney)	RECAP
9	Dec. 3, 2020	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	RECAP
9	Dec. 3, 2020	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)	RECAP
10	Dec. 3, 2020	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	RECAP
10	Dec. 3, 2020	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)	RECAP
11	Dec. 3, 2020	NOTICE of Appearance by Jeffrey A Mandell on behalf of Tony Evers. Attorney(s) appearing: Jeffrey A. Mandell (Mandell, Jeffrey)	RECAP
11	Dec. 3, 2020	NOTICE of Appearance by Jeffrey A Mandell on behalf of Tony Evers. Attorney(s) appearing: Jeffrey A. Mandell (Mandell, Jeffrey)	RECAP
12	Dec. 3, 2020	NOTICE of Appearance by Rachel E Snyder on behalf of Tony Evers. Attorney(s) appearing: Rachel E. Snyder (Snyder, Rachel)	RECAP
12	Dec. 3, 2020	NOTICE of Appearance by Rachel E Snyder on behalf of Tony Evers. Attorney(s) appearing: Rachel E. Snyder (Snyder, Rachel)	RECAP
13	Dec. 3, 2020	NOTICE of Appearance by Howard Kleinhendler on behalf of William Feehan. Attorney(s) appearing: Howard Kleinhendler (Kleinhendler, Howard)	RECAP
13	Dec. 3, 2020	NOTICE of Appearance by Howard Kleinhendler on behalf of William Feehan. Attorney(s) appearing: Howard Kleinhendler (Kleinhendler, Howard)	RECAP
14	Dec. 3, 2020	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	RECAP
14	Dec. 3, 2020	MOTION to Intervene by James Gesbeck. (Attachments: # 1 Proposed Answer, # 2 Certificate of Service)(asc)	RECAP
15	Dec. 3, 2020	BRIEF in Support filed by James Gesbeck re 14 MOTION to Intervene. (asc)	RECAP
15	Dec. 3, 2020	BRIEF in Support filed by James Gesbeck re 14 MOTION to Intervene. (asc)	RECAP
16	Dec. 3, 2020	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	RECAP
16	Dec. 3, 2020	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)	RECAP
17	Dec. 3, 2020	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)	RECAP
17	Dec. 3, 2020	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)	RECAP
18	Dec. 3, 2020	RESPONSE to Motion filed by William Feehan re 16 MOTION Reassign Case Pursuant to Civil L.R. 3(b) . (Dean, Michael)	RECAP
18	Dec. 3, 2020	RESPONSE to Motion filed by William Feehan re 16 MOTION Reassign Case Pursuant to Civil L.R. 3(b) . (Dean, Michael)	RECAP
19	Dec. 3, 2020	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)	RECAP
19	Dec. 3, 2020	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)	RECAP
20	Dec. 3, 2020	NOTICE of Appearance by Charles G Curtis, Jr on behalf of Democratic National Committee. Attorney(s) appearing: Charles G. Curtis (Curtis, Charles)	RECAP
20	Dec. 3, 2020	NOTICE of Appearance by Charles G Curtis, Jr on behalf of Democratic National Committee. Attorney(s) appearing: Charles G. Curtis (Curtis, Charles)	RECAP
21	Dec. 3, 2020	NOTICE of Appearance by Michelle M Umberger on behalf of Democratic National Committee. Attorney(s) appearing: Michelle M. Umberger (Umberger, Michelle)	RECAP
21	Dec. 3, 2020	NOTICE of Appearance by Michelle M Umberger on behalf of Democratic National Committee. Attorney(s) appearing: Michelle M. Umberger (Umberger, Michelle)	RECAP
	Dec. 3, 2020	Party Derrick Van Orden terminated. (amb)
	Dec. 3, 2020	Party Derrick Van Orden terminated. (amb)
22	Dec. 4, 2020	MOTION to Intervene by Democratic National Committee. (Attachments: # 1 Exhibit 1-Proposed Answer, # 2 Text of Proposed Order)(Umberger, Michelle) 1 Exhibit 1-Proposed Answer View on RECAP 2 Text of Proposed Order View on RECAP	RECAP
22	Dec. 4, 2020	MOTION to Intervene by Democratic National Committee. (Attachments: # 1 Exhibit 1-Proposed Answer, # 2 Text of Proposed Order)(Umberger, Michelle)	RECAP
23	Dec. 4, 2020	BRIEF in Support filed by Democratic National Committee re 22 MOTION to Intervene . (Umberger, Michelle)	RECAP
23	Dec. 4, 2020	BRIEF in Support filed by Democratic National Committee re 22 MOTION to Intervene . (Umberger, Michelle)	RECAP
24	Dec. 4, 2020	DISCLOSURE Statement by Democratic National Committee. (Umberger, Michelle)	RECAP
24	Dec. 4, 2020	DISCLOSURE Statement by Democratic National Committee. (Umberger, Michelle)	RECAP
25	Dec. 4, 2020	REPLY filed by Tony Evers to Plaintiff's Proposed Briefing Schedule. (Mandell, Jeffrey)	RECAP
25	Dec. 4, 2020	REPLY filed by Tony Evers to Plaintiff's Proposed Briefing Schedule. (Mandell, Jeffrey)	RECAP
26	Dec. 4, 2020	REPLY filed by Marge Bostelmann, Julie M Glancey, Ann S Jacobs, Dean Knudson, Robert F Spindell, Jr, Mark L Thomsen, Wisconsin Elections Commission to Plaintiff's Proposed Briefing Schedule. (Murphy, Sean)	RECAP
26	Dec. 4, 2020	REPLY filed by Marge Bostelmann, Julie M Glancey, Ann S Jacobs, Dean Knudson, Robert F Spindell, Jr, Mark L Thomsen, Wisconsin Elections Commission to Plaintiff's Proposed Briefing Schedule. (Murphy, Sean)	RECAP
27	Dec. 4, 2020	NOTICE of Appearance by Justin A Nelson on behalf of Tony Evers. Attorney(s) appearing: Justin A. Nelson (Nelson, Justin)	RECAP
27	Dec. 4, 2020	NOTICE of Appearance by Justin A Nelson on behalf of Tony Evers. Attorney(s) appearing: Justin A. Nelson (Nelson, Justin)	RECAP
28	Dec. 4, 2020	NOTICE of Appearance by Davida Brook on behalf of Tony Evers. Attorney(s) appearing: Davida Brook (Brook, Davida)	RECAP
28	Dec. 4, 2020	NOTICE of Appearance by Davida Brook on behalf of Tony Evers. Attorney(s) appearing: Davida Brook (Brook, Davida)	RECAP
29	Dec. 4, 2020	ORDER signed by Chief Judge Pamela Pepper on 12/4/2020. 10 Plaintiff's amended motion GRANTED IN PART to extent that it is Civil L.R. 7(h) expedited non-dispositive motion for expedited briefing schedule; defendant's opposition to plainti ff's amended motion due by 5:00 PM on 12/7/2020, plaintiff's reply due by 5:00 PM on 12/8/2020. The court DEFERS RULING on plaintiff's amended motion to extent that it asks the court to issue TRO or preliminary injunction. (cc: all counsel)(cb)	RECAP
29	Dec. 4, 2020	ORDER signed by Chief Judge Pamela Pepper on 12/4/2020. 10 Plaintiff's amended motion GRANTED IN PART to extent that it is Civil L.R. 7(h) expedited non-dispositive motion for expedited briefing schedule; defendant's opposition to plaintiff's amended motion due by 5:00 PM on 12/7/2020, plaintiff's reply due by 5:00 PM on 12/8/2020. The court DEFERS RULING on plaintiff's amended motion to extent that it asks the court to issue TRO or preliminary injunction. (cc: all counsel)(cb)	RECAP
30	Dec. 4, 2020	NOTICE of Appearance by Stephen Shackelford, Jr on behalf of Tony Evers. Attorney(s) appearing: Stephen L. Shackelford, Jr. (Shackelford, Stephen)	RECAP
30	Dec. 4, 2020	NOTICE of Appearance by Stephen Shackelford, Jr on behalf of Tony Evers. Attorney(s) appearing: Stephen L. Shackelford, Jr. (Shackelford, Stephen)	RECAP
31	Dec. 4, 2020	NOTICE of Appearance by Richard Manthe on behalf of Tony Evers. Attorney(s) appearing: Richard A. Manthe (Manthe, Richard)	RECAP
31	Dec. 4, 2020	NOTICE of Appearance by Richard Manthe on behalf of Tony Evers. Attorney(s) appearing: Richard A. Manthe (Manthe, Richard)	RECAP
32	Dec. 4, 2020	NOTICE of Appearance by Paul M Smith on behalf of Tony Evers. Attorney(s) appearing: Paul M. Smith (Smith, Paul)	RECAP
32	Dec. 4, 2020	NOTICE of Appearance by Paul M Smith on behalf of Tony Evers. Attorney(s) appearing: Paul M. Smith (Smith, Paul)	RECAP
33	Dec. 4, 2020	7(h) Expedited NON-DISPOSITIVE MOTION to Intervene by James Gesbeck. (Attachments: # 1 Certificate of Service)(lz) 1 Certificate of Service View on RECAP	RECAP
33	Dec. 4, 2020	7(h) Expedited NON-DISPOSITIVE MOTION to Intervene by James Gesbeck. (Attachments: # 1 Certificate of Service)(lz)	RECAP
34	Dec. 4, 2020	MOTION for Leave to File Excess Pages by Tony Evers. (Mandell, Jeffrey)	RECAP
34	Dec. 4, 2020	MOTION for Leave to File Excess Pages by Tony Evers. (Mandell, Jeffrey)	RECAP
35	Dec. 4, 2020	NOTICE of Appearance by Sidney Powell on behalf of All Plaintiffs. Attorney(s) appearing: Sidney Powell (Powell, Sidney)	RECAP
35	Dec. 4, 2020	NOTICE of Appearance by Sidney Powell on behalf of All Plaintiffs. Attorney(s) appearing: Sidney Powell (Powell, Sidney)	RECAP
36	Dec. 4, 2020	TEXT ONLY ORDER signed by Chief Judge Pamela Pepper on 12/4/2020 re 34 MOTION for Leave to File Excess Pages filed by Tony Evers: The defendant seeks leave to file a brief in excess of the thirty pages allowed by Civil L.R. 7(f) because he proposes to both oppose the plaintiff's amended motion for injunctive relief and support his own, not yet filed motion to dismiss in the same pleading. The court appreciates any party's effort to streamline litigation, but would prefer that the defendant file separate briefs opposing the plaintiff's amended motion and supporting his own. This will avoid confusion when the plaintiff responds. The court DENIES the defendant's motion for leave to file excess pages. NOTE: There is no document associated with this text-only order. (cc: all counsel)(Pepper, Pamela)	RECAP
36	Dec. 4, 2020	TEXT ONLY ORDER signed by Chief Judge Pamela Pepper on 12/4/2020 re 34 MOTION for Leave to File Excess Pages filed by Tony Evers: The defendant seeks leave to file a brief in excess of the thirty pages allowed by Civil L.R. 7(f) because he proposes to both oppose the plaintiff's amended motion for injunctive relief and support his own, not yet filed motion to dismiss in the same pleading. The court appreciates any party's effort to streamline litigation, but would prefer that the defendant file separate briefs opposing the plaintiff's amended motion and supporting his own. This will avoid confusion when the plaintiff responds. The court DENIES the defendant's motion for leave to file excess pages. NOTE: There is no document associated with this text-only order. (cc: all counsel)(Pepper, Pamela)	RECAP
37	Dec. 4, 2020	ORDER signed by Chief Judge Pamela Pepper on 12/4/2020 allowing James Gesbeck to file amicus curiae brief by 5:00 PM on 12/7/2020. (cc: all counsel, via mail to James Gesbeck)(cb)	RECAP
37	Dec. 4, 2020	ORDER signed by Chief Judge Pamela Pepper on 12/4/2020 allowing James Gesbeck to file amicus curiae brief by 5:00 PM on 12/7/2020. (cc: all counsel, via mail to James Gesbeck)(cb)	RECAP
	Dec. 4, 2020	Terminate Party - Notice Attorneys
38	Dec. 5, 2020	TEXT ONLY ORDER signed by Chief Judge Pamela Pepper on 12/5/2020 re 22 MOTION to Intervene filed by Democratic National Committee signed by Chief Judge Pamela Pepper on 12/5/2020: Under Civil L.R. 7(b), the plaintiff's response is due by December 25, 2020; because December 25 is a federal holiday, the court ORDERS that the plaintiff's response is due by December 28, 2020. NOTE: There is no document associated with this text-only order. (cc: all counsel)(Pepper, Pamela)	RECAP
38	Dec. 5, 2020	TEXT ONLY ORDER signed by Chief Judge Pamela Pepper on 12/5/2020 re 22 MOTION to Intervene filed by Democratic National Committee signed by Chief Judge Pamela Pepper on 12/5/2020: Under Civil L.R. 7(b), the plaintiff's response is due by December 25, 2020; because December 25 is a federal holiday, the court ORDERS that the plaintiff's response is due by December 28, 2020. NOTE: There is no document associated with this text-only order. (cc: all counsel)(Pepper, Pamela)	RECAP
39	Dec. 5, 2020	TEXT ONLY ORDER signed by Chief Judge Pamela Pepper on 12/05/2020 re 33 MOTION to Intervene filed by James Gesbeck: Under Civil L.R. 7(h), the plaintiff's response is due by Friday, December 11, 2020. NOTE: There is no document associated with this text-only order. (cc: all counsel)(Pepper, Pamela)	RECAP
39	Dec. 5, 2020	TEXT ONLY ORDER signed by Chief Judge Pamela Pepper on 12/05/2020 re 33 MOTION to Intervene filed by James Gesbeck: Under Civil L.R. 7(h), the plaintiff's response is due by Friday, December 11, 2020. NOTE: There is no document associated with this text-only order. (cc: all counsel)(Pepper, Pamela)	RECAP
40	Dec. 5, 2020	Expedited MOTION to Intervene by Democratic National Committee. (Umberger, Michelle)	RECAP
40	Dec. 5, 2020	Expedited MOTION to Intervene by Democratic National Committee. (Umberger, Michelle)	RECAP
	Dec. 5, 2020	Text Only Order
41	Dec. 6, 2020	ORDER signed by Chief Judge Pamela Pepper on 12/6/2020. 40 Movant DNC's expedited motion to intervene GRANTED to extent that court has expedited its ruling on original motion to intervene. 22 Movant DNC's original motion to intervene DENIED. Movant DNC may file amicus curiae brief by 5:00 PM on 12/7/2020. (cc: all counsel)(cb)	RECAP
41	Dec. 6, 2020	ORDER signed by Chief Judge Pamela Pepper on 12/6/2020. 40 Movant DNC's expedited motion to intervene GRANTED to extent that court has expedited its ruling on original motion to intervene. 22 Movant DNC's original motion to intervene DENIED. Movant DNC may file amicus curiae brief by 5:00 PM on 12/7/2020. (cc: all counsel)(cb)	RECAP
42	Dec. 6, 2020	BRIEF in Support filed by William Feehan re 10 Emergency MOTION to Amend/Correct Docket # 6: PLAINTIFFS CORRECTED MOTION FOR DECLARATORY, EMERGENCY, AND PERMANENT INJUNCTIVE RELIEF Amended Brief. (Dean, Michael)	RECAP
42	Dec. 6, 2020	BRIEF in Support filed by William Feehan re 10 Emergency MOTION to Amend/Correct Docket # 6: PLAINTIFFS CORRECTED MOTION FOR DECLARATORY, EMERGENCY, AND PERMANENT INJUNCTIVE RELIEF Amended Brief. (Dean, Michael)	RECAP
43	Dec. 6, 2020	MOTION To File Separate Reply Briefs by William Feehan. (Dean, Michael)	RECAP
43	Dec. 6, 2020	MOTION To File Separate Reply Briefs by William Feehan. (Dean, Michael)	RECAP
44	Dec. 6, 2020	MOTION To Hold Consolidated Evidentiary Hearing/Trial by William Feehan. (Dean, Michael)	RECAP
44	Dec. 6, 2020	MOTION To Hold Consolidated Evidentiary Hearing/Trial by William Feehan. (Dean, Michael)	RECAP
45	Dec. 7, 2020	TEXT ONLY ORDER signed by Chief Judge Pamela Pepper on 12/7/2020 re 43 MOTION To File Separate Reply Briefs filed by William Feehan: The court GRANTS the plaintiff's motion for leave to file separate reply briefs. If the defendants file a single opposition brief, the plaintiff must file one reply to that brief. If the defendants file separate opposition briefs, the plaintiff may file a reply for each opposition brief. The plaintiff also may file a separate reply for each brief filed by an amicus. (In other words, the plaintiff could file up to four reply briefs if the defendants file separate briefs and each amicus files a brief.) If the defendants file a separate motion to dismiss, the plaintiff may file an opposition brief of up to thirty pages under Civil L.R. 7(b). NOTE: There is no document associated with this text-only order. (cc: all counsel)(Pepper, Pamela)	RECAP
45	Dec. 7, 2020	TEXT ONLY ORDER signed by Chief Judge Pamela Pepper on 12/7/2020 re 43 MOTION To File Separate Reply Briefs filed by William Feehan: The court GRANTS the plaintiff's motion for leave to file separate reply briefs. If the defendants file a single opposition brief, the plaintiff must file one reply to that brief. If the defendants file separate opposition briefs, the plaintiff may file a reply for each opposition brief. The plaintiff also may file a separate reply for each brief filed by an amicus. (In other words, the plaintiff could file up to four reply briefs if the defendants file separate briefs and each amicus files a brief.) If the defendants file a separate motion to dismiss, the plaintiff may file an opposition brief of up to thirty pages under Civil L.R. 7(b). NOTE: There is no document associated with this text-only order. (cc: all counsel)(Pepper, Pamela)	RECAP
46	Dec. 7, 2020	RESPONSE to Motion filed by Marge Bostelmann, Julie M Glancey, Ann S Jacobs, Dean Knudson, Robert F Spindell, Jr, Mark L Thomsen, Wisconsin Elections Commission re 44 MOTION To Hold Consolidated Evidentiary Hearing/Trial . (Murphy, Sean)	RECAP
46	Dec. 7, 2020	RESPONSE to Motion filed by Marge Bostelmann, Julie M Glancey, Ann S Jacobs, Dean Knudson, Robert F Spindell, Jr, Mark L Thomsen, Wisconsin Elections Commission re 44 MOTION To Hold Consolidated Evidentiary Hearing/Trial . (Murphy, Sean)	RECAP
47	Dec. 7, 2020	AMICUS BRIEF in Opposition to 6 MOTION for Injunctive Relief filed by James Gesbeck. (asc)	RECAP
47	Dec. 7, 2020	AMICUS BRIEF in Opposition to 6 MOTION for Injunctive Relief filed by James Gesbeck. (asc)	RECAP

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Case Details

State / Territory:

Wisconsin

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: Dec. 1, 2020

Case Ongoing: Unknown

Plaintiffs

Plaintiff Description:

A registered Wisconsin Votor and nominee of the Republican Party to be a Presidential Elector on behalf of the State of Wisconsin.

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State

Governor of the State of Wisconsin

Member of the Wisconsin Elections Commission

Wisconsin Elections Commission

Case Details

Causes of Action:

42 U.S.C. § 1983

Other Dockets:

Eastern District of Wisconsin 2:20-cv-01771

U.S. Court of Appeals for the Seventh Circuit 20-03396

Available Documents:

Any published opinion

Complaint (any)

Non-settlement Outcome

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

None

Source of Relief:

None

Issues

Voting:

Election administration

Recommended Citation

Case Summary of Feehan v. Wisconsin Elections Commission, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/44488/ (last updated 12/1/2023).