Filed Date: Dec. 22, 2021
Closed Date: Aug. 17, 2022
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On December 22, 2021, a nonpartisan, non-profit voting rights Wisconsin organization filed this lawsuit in the United States District Court for the District of Wisconsin against the Wisconsin Elections Commission (the “Commission”). Plaintiff alleged that in 2019, the Commission mailed letters to approximately 234,000 registered Wisconsin voters who had moved to a new address. Plaintiffs alleged that the letters did not inform those voters that if they failed to confirm or update their voter registration address, their voter registrations would be deactivated. Plaintiffs further alleged that on July 31, 2021, the Commission deactivated approximately 32,000 of those registered voters after they failed to exercise one of the options offered by the Commission. Plaintiff claimed that such deactivation without notice violated the Due Process Clause of the Fourteenth Amendment. Plaintiff sought injunctive relief requiring Defendants to reactivate the approximately 32,000 voters whose registration records were deactivated, as well as declaratory relief and attorneys’ fees. The case was assigned to District Judge James Donald Peterson.
On March 1, 2022, Defendants filed an answer to the complaint. Defendants stated that the Commission had already adopted a policy that extracts itself from the process of deactivating “mover” voters and leaves that task to the discretion of local clerks who provided affected voters with 30-day notice letters in advance of deactivation.
On July 13, 2022, the parties filed a settlement agreement, pursuant to which Commission staff, within 30 days, would reactive the registrations of the approximately 32,000 Wisconsin voters whose registrations were deactivated on July 31, 2021. Defendants also agreed that the Commission would not deactivate or direct municipal clerks to deactivate voter registrations of potential “mover” voters unless those voters received notice of the potential deactivation if they did not take any of the necessary actions to prevent deactivation and an opportunity to take those necessary actions. The parties agreed to dismiss the lawsuit without attorneys' fees and costs and with prejudice after Defendants filed a declaration stating that the reactivation had been completed.
On August 12, 2022, the Commission filed a declaration, stating that it had reactivated the registrations of approximately 30,000 voters whose registrations had been deactivated on July 31, 2021. The remaining voters did not require reactivation of their registrations because they had already re-registered or their registrations were deactivated for another reason.
On August 17, 2022, the parties stipulated to the dismissal of the action with prejudice. The Court closed the case on August 18, 2022.
Summary Authors
Kate Stutz (12/21/2023)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/61638663/parties/league-of-women-voters-of-wisconsin-v-millis-don/
Aguilera, Cecilia Leonarda (Wisconsin)
Cohen, Michelle E. (Wisconsin)
Lenz, Daniel S. (Wisconsin)
Mandell, Jeffrey Adam (Wisconsin)
Axelrod, Jon P. (Wisconsin)
See docket on RECAP: https://www.courtlistener.com/docket/61638663/league-of-women-voters-of-wisconsin-v-millis-don/
Last updated Aug. 9, 2025, 10:01 p.m.
State / Territory: Wisconsin
Case Type(s):
Special Collection(s):
Law Firm Antiracism Alliance (LFAA) project
Key Dates
Filing Date: Dec. 22, 2021
Closing Date: Aug. 17, 2022
Case Ongoing: No
Plaintiffs
Plaintiff Description:
League of Women Voters, a nonpartisan, nonprofit Wisconsin voting rights organization
Plaintiff Type(s):
Non-profit NON-religious organization
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Wisconsin Elections Committee, State
Administrator of the Wisconsin Elections Commission, State
Defendant Type(s):
Case Details
Causes of Action:
Constitutional Clause(s):
Due Process: Procedural Due Process
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Content of Injunction:
Order Duration: 2022 - 2022
Issues
Voting: