Case: United States v. Wisconsin Elections Commission

The United States v. Wisconsin Elections Commission et al.

United States of America v. Wisconsin Elections Commission and Meagan Wolfe

United States of America v. Wisconsin Elections COmmission

COMPLAINT against All Defendants, filed by United States of America. (Attachments: # 1 JS-44 Civil Cover Sheet, # 2 Attachment to JS-44 Civil Cover Sheet) (Bennett, Brittany) (Entered: 12/18/2025)

1 JS-44 Civil Cover Sheet

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2 JS-44 Civil Cover Sheet Attachment to Civil Cover Sheet

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Motion to Compel Production of Records Pursuant to the Civil Rights Act of 1960 by Plaintiff United States of America. Response due 12/26/2025. (Bennett, Brittany) (Entered: 12/18/2025)

Brief in Support of 2 Motion to Compel Production of Documents Pursuant to the Civil Rights Act of 1960 by Plaintiff United States of America (Attachments: # 1 Exhibits 1-6, Letters to/from Attorney General, SC Order, # 2 Declaration of Eric Neff (refiled at dkt. 4 ), # 3 Text of Proposed Order) (Bennett, Brittany) Modified on 12/19/2025. (arw) (Entered: 12/18/2025)

1 Exhibit Exhibits 1-6, Letters to/from Attorney General, SC Order

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2 Exhibit Declaration of Eric Neff

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3 Text of Proposed Order

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Add Judge for Shell Case Opening

Standard Attachments Sent

Case randomly assigned to Magistrate Judge Anita Marie Boor. (jef)

Standard attachments for Magistrate Judge Anita M. Boor required to be served on all parties with summons or waiver of service: Corporate Disclosure Statement, Order Regarding Assignment of Cases, Notice of Assignment to a Magistrate Judge and Consent/Request for Reassignment, Order on Dispositive Motions. (jef)

Declaration of Eric Neff filed by Plaintiff United States of America re: 2 Motion to Compel. (Attachments: # 1 Exhibit 5 - South Carolina Order) (Bennett, Brittany) Modified on 12/19/2025. (arw) (Entered: 12/19/2025)

Notice of Filing of Exhibits re: 2 Motion to Compel Production of Records Pursuant to the Civil Rights Act of 1960, 3 Brief in Support by Plaintiff United States of America. (Attachments: # 1 Exhibit 1 - June 17 Letter, # 2 Exhibit 2 - July 2 Letter, # 3 Exhibit 3 - December 2 Email, # 4 Exhibit 4 - December 11 Letter, # 5 Exhibit 6 - June 4 Letter) (Bennett, Brittany) Modified on 12/19/2025. (arw) (Entered: 12/19/2025)

1 Exhibit June 17 Letter

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2 Exhibit July 2 Letter

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3 Exhibit December 2 Email

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4 Exhibit December 11 Letter

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5 Exhibit June 4 Letter

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** TEXT ONLY ORDER ** The United States of America has filed suit against the Wisconsin Elections Commission and several individuals. The court calls attention to three things to which plaintiff must attend. First, pursuant to the court's electronic filing procedures, plaintiff must promptly complete and file summons so the clerk may issue them in the normal course. Second, the motion to compel, Dkt. 2, which plaintiff filed along with the complaint, autogenerated a response deadline. But defendants have not yet been served with summons, so the court strikes that deadline, to be reset upon defendants entering the case. Third, this case was randomly assigned to Magistrate Judge Anita Marie Boor. To ensure all parties promptly consent to or request reassignment from Judge Boor, plaintiff is reminded to serve all standard attachments issued on December 18, 2025, including the consent form, on defendants with the summons and complaint. Signed by Magistrate Judge Anita Marie Boor on 12/19/2025. (acd) (Entered: 12/19/2025)

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Motion to Intervene by Intervenor Parties Wisconsin Alliance for Retired Americans, Forward Latino. Response due 12/29/2025. (Attachments: # 1 Disregard, # 2 Disrgard, # 3 Disregard, # 4 Exhibit A - Proposed Answer to Plaintiff's Complaint, # 5 Exhibit B - New Mexico District Court Order, # 6 Exhibit C - USDC Central District of CA NEF of Minutes, # 7 Exhibit D - Maine District Court Order) (Alerasool, Omeed) Modified on 12/22/2025: Corrections made, documents refiled. (lak) (Entered: 12/20/2025)

1 Disregard

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2 Disregard

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3 Disregard

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4 Exhibit A - Proposed Answer to Plaintiff's Complaint

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5 Exhibit B - New Mexico District Court Order

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6 Exhibit C - USDC Central District of CA NEF of Minutes

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7 Exhibit D - Maine District Court Order

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Notice of Appearance filed by Omeed Alerasool for Intervenor Parties Forward Latino, Wisconsin Alliance for Retired Americans. (Alerasool, Omeed) (Entered: 12/20/2025)

Corporate Disclosure Statement by Intervenor Wisconsin Alliance for Retired Americans. (Alerasool, Omeed) (Entered: 12/20/2025)

Corporate Disclosure Statement by Intervenor Forward Latino. (Alerasool, Omeed) (Entered: 12/20/2025)

Brief in Support of 7 Motion to Intervene, by Intervenor Parties Wisconsin Alliance for Retired Americans, Forward Latino. (lak) (Entered: 12/22/2025)

Declaration of Ross Winklbauer, Sr. filed by Intervenor Parties Wisconsin Alliance for Retired Americans, Forward Latino re: 7 Motion to Intervene. (lak) (Entered: 12/22/2025)

Declaration of Darryl Morin filed by Intervenor Parties Wisconsin Alliance for Retired Americans, Forward Latino re: 7 Motion to Intervene. (lak) (Entered: 12/22/2025)

Notice of Appearance filed by Diane Mary Welsh for Intervenor Parties Forward Latino, Wisconsin Alliance for Retired Americans. (Welsh, Diane) (Entered: 12/23/2025)

Notice of Appearance filed by Christa Oliver Westerberg for Intervenor Parties Forward Latino, Wisconsin Alliance for Retired Americans. (Westerberg, Christa) (Entered: 12/23/2025)

Request for Issuance of Summons by Plaintiff United States of America. (Bennett, Brittany) (Entered: 12/29/2025)

Request for Issuance of Summons by Plaintiff United States of America. (Bennett, Brittany) (Entered: 12/29/2025)

Request for Issuance of Summons by Plaintiff United States of America. (Bennett, Brittany) (Entered: 12/29/2025)

Request for Issuance of Summons by Plaintiff United States of America. (Bennett, Brittany) (Entered: 12/29/2025)

Request for Issuance of Summons by Plaintiff United States of America. (Bennett, Brittany) (Entered: 12/29/2025)

Request for Issuance of Summons by Plaintiff United States of America. (Bennett, Brittany) (Entered: 12/29/2025)

Request for Issuance of Summons by Plaintiff United States of America. (Bennett, Brittany) (Entered: 12/29/2025)

Request for Issuance of Summons by Plaintiff United States of America. (Bennett, Brittany) (Entered: 12/29/2025)

Summons Issued as to Marge Bostelmann, Ann S. Jacobs, Don M. Millis, Carrie Riepl, Robert F. Spindell, Jr, Mark L. Thomsen, Wisconsin Elections Commission, Meagan Wolfe. (lak) (Entered: 12/29/2025)

** TEXT ONLY ORDER ** Nonparties Wisconsin Alliance for Retired Americans and Forward Latino have filed a motion to intervene in this lawsuit. Dkt. 7 . The filing of that motion autogenerated a response deadline of December 29, but defendants have yet to enter notices of appearances, making this deadline premature. The court would benefit from hearing from all parties on this issue, so it strikes the deadline, to be reset upon defendants entering the case. Signed by Magistrate Judge Anita Marie Boor on 12/29/2025. (acd) (Entered: 12/29/2025)

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Marshal Service Return Executed. All Defendants. (Bennett, Brittany) (Entered: 12/30/2025)

Notice of Appearance filed by Charlotte Gibson for Defendants Marge Bostelmann, Ann S. Jacobs, Don M. Millis, Carrie Riepl, Robert F. Spindell, Jr, Mark L. Thomsen, Wisconsin Elections Commission, Meagan Wolfe. (Gibson, Charlotte) (Entered: 01/06/2026)

Notice of Appearance filed by David Robert Fox for Intervenor Parties Forward Latino, Wisconsin Alliance for Retired Americans. (Fox, David) (Entered: 01/06/2026)

Notice of Appearance filed by Christina Ford for Intervenor Parties Forward Latino, Wisconsin Alliance for Retired Americans. (Ford, Christina) (Entered: 01/06/2026)

Notice of Appearance filed by Samuel Ward-Packard for Defendants Marge Bostelmann, Ann S. Jacobs, Don M. Millis, Carrie Riepl, Robert F. Spindell, Jr, Mark L. Thomsen, Wisconsin Elections Commission, Meagan Wolfe. (Ward-Packard, Samuel) (Entered: 01/06/2026)

Notice by Intervenor Parties Forward Latino, Wisconsin Alliance for Retired Americans re 7 Motion to Intervene regarding Parties' Positions and Supplemental Authorities. (Attachments: # 1 Exhibit 1 - Order re Intervention in D. Haw., # 2 Exhibit 2 - Order re Intervention in D.N.H., # 3 Exhibit 3 - Order re Intervention in D. Minn.) (Fox, David) (Entered: 01/07/2026)

1 Exhibit 1 - Order re Intervention in D. Haw.

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2 Exhibit 2 - Order re Intervention in D.N.H.

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3 Exhibit 3 - Order re Intervention in D. Minn.

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** TEXT ONLY ORDER ** Plaintiff has submitted executed summons, Dkt. 26, indicating service was completed on December 30, 2025, and counsel has entered an appearance for defendants, Dkt. 27 . Applying Rule 12, defendants' deadline to answer or otherwise respond to the complaint is January 20, 2026, absent some agreement, order, or other exception. Also, proposed intervenors have submitted a notice reporting that the parties take no position on their proposed intervention. Dkt. 31 . In light of these developments, the court ORDERS the following: No later than January 20, 2026, plaintiff and defendants must file letters confirming their position on the proposed intervention. The deadline to respond to the motion to compel, Dkt. 2, is RESET to January 27, 2026, and any reply is due February 3, 2026. Signed by Magistrate Judge Anita Marie Boor on 1/8/26. (jat) (Entered: 01/08/2026)

Unopposed Motion to Intervene by Intervenor Defendants Common Cause, Melissa Adams, Amanda Makulec, Jaime Riefer. (Attachments: # 1 Exhibit 1--Proposed Answer, # 2 Exhibit 2--Proposed Motion to Dismiss, # 3 Exhibit 3--Proposed Memorandum in Support of Motion to Dismiss) (Poland, Douglas) (Entered: 01/08/2026)

1 Exhibit 1--Proposed Answer

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2 Exhibit 2--Proposed Motion to Dismiss

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3 Exhibit 3--Proposed Memorandum in Support of Motion to Dismiss

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Brief in Support of 33 Motion to Intervene, by Intervenor Defendants Melissa Adams, Common Cause, Amanda Makulec, Jaime Riefer (Attachments: # 1 Exhibit 1--USDOJ Memorandum of Understanding, # 2 Exhibit 2--Hearing Transcript of 12/4/25 US v. Weber case, # 3 Exhibit 3--Letter in US v. Pennsylvania, # 4 Exhibit 4--Order of 12/15/25 in US v. Weber) (Poland, Douglas) (Entered: 01/08/2026)

1 Exhibit 1--USDOJ Memorandum of Understanding

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2 Exhibit 2--Hearing Transcript of 12/4/25 US v. Weber case

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3 Exhibit 3--Letter in US v. Pennsylvania

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4 Exhibit 4--Order of 12/15/25 in US v. Weber

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Declaration of Bianca N. Shaw filed by Intervenor Defendants Melissa Adams, Common Cause, Amanda Makulec, Jaime Riefer re: 33 Motion to Intervene, (Poland, Douglas) (Entered: 01/08/2026)

Declaration of Melissa Adams filed by Intervenor Defendants Melissa Adams, Common Cause, Amanda Makulec, Jaime Riefer re: 33 Motion to Intervene, (Poland, Douglas) (Entered: 01/08/2026)

Declaration of Amanda Makulec filed by Intervenor Defendants Melissa Adams, Common Cause, Amanda Makulec, Jaime Riefer re: 33 Motion to Intervene, (Poland, Douglas) (Entered: 01/08/2026)

Declaration of Jaime Riefer filed by Intervenor Defendants Melissa Adams, Common Cause, Amanda Makulec, Jaime Riefer re: 33 Motion to Intervene, (Poland, Douglas) (Entered: 01/08/2026)

Corporate Disclosure Statement by Intervenor Defendant Common Cause. (Poland, Douglas) (Entered: 01/08/2026)

Notice of Appearance filed by Douglas Maynard Poland for Intervenor Defendants Melissa Adams, Common Cause, Amanda Makulec, Jaime Riefer. (Poland, Douglas) (Entered: 01/08/2026)

Notice of Appearance filed by Scott Brian Thompson for Intervenor Defendants Melissa Adams, Common Cause, Amanda Makulec, Jaime Riefer. (Thompson, Scott) (Entered: 01/08/2026)

Text Only Order

Notice of Appearance filed by Ryan Vincent Cox for Intervenor Defendant Common Cause. (Cox, Ryan) (Entered: 01/09/2026)

Judge update in case. Case randomly reassigned to District Judge James D. Peterson and Magistrate Judge Anita Marie Boor. (lak)

Add and Terminate Judges

Motion to Deny or Stay Plaintiff's Motion to Compel by Defendants Marge Bostelmann, Ann S. Jacobs, Don M. Millis, Carrie Riepl, Robert F. Spindell, Jr, Mark L. Thomsen, Wisconsin Elections Commission, Meagan Wolfe. Response due 1/22/2026. (Ward-Packard, Samuel) (Entered: 01/15/2026)

Notice of Supplemental Authority by Intervenor Defendant Common Cause re: 33 Unopposed Motion to Intervene. Supplemental Authority in Support of Proposed Motion to Dismiss. (Attachments: # 1 Exhibit 1 - US v. Weber, Order granting Motions to Dismiss (C.D. Cal. Jan. 15, 2026)) (Poland, Douglas) (Entered: 01/15/2026)

1 Exhibit 1 - US v. Weber, Order granting Motions to Dismiss (C.D. Cal. Jan. 15, 2

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ORDER granting 43 Motion to Stay Plaintiff's Motion to Compel; a status conference will be set with the parties and briefing on the Motion to Compel will be reset at the status conference. Signed by District Judge James D. Peterson on 1/16/2026. (jls) (Entered: 01/16/2026)

Joint Motion for Extension of Time and Notice of No Position on Motions to Intervene, Joint Motion for Set Briefing Schedule by Defendants Marge Bostelmann, Ann S. Jacobs, Don M. Millis, Carrie Riepl, Robert F. Spindell, Jr, Mark L. Thomsen, Wisconsin Elections Commission, Meagan Wolfe. (Ward-Packard, Samuel) (Entered: 01/16/2026)

** TEXT ONLY ORDER ** The parties have filed a joint motion to extend defendants' deadline to respond to the complaint until February 2 and to set a briefing schedule for motions to dismiss. Dkt. 46. The court has set this case for a status conference on Wednesday, January 21, so the court will defer the briefing schedule issue until then. The motion for an extension of time is GRANTED in part. Defendants' deadline to respond to the complaint is STAYED for now; the court will reset it at the status conference. Signed by District Judge James D. Peterson on 01/16/2025. (lhv) (Entered: 01/16/2026)

Set Hearings: Telephone Status Conference set for 1/21/2026 at 02:00 PM before Judge James D. Peterson. Counsel for Government responsible for setting up the call to chambers at (608) 264-5504. (jls)

Set Deadlines/Hearings

Notice of Appearance filed by Megan Christine Keenan for Intervenor Defendants Melissa Adams, Common Cause, Amanda Makulec, Jaime Riefer. (Keenan, Megan) (Entered: 01/20/2026)

Notice of Appearance filed by Theresa J. Lee for Intervenor Defendants Melissa Adams, Common Cause, Amanda Makulec, Jaime Riefer. (Lee, Theresa) (Entered: 01/20/2026)

Notice of Appearance filed by David D. Vandenberg for Plaintiff United States of America. (Vandenberg, David) (Entered: 01/20/2026)

Notice of Appearance filed by Sophia L Lakin for Intervenor Defendants Melissa Adams, Common Cause, Amanda Makulec, Jaime Riefer. (Lakin, Sophia) (Entered: 01/20/2026)

Notice of Appearance filed by Jonathan Topaz for Intervenor Defendants Melissa Adams, Common Cause, Amanda Makulec, Jaime Riefer. (Topaz, Jonathan) (Entered: 01/21/2026)

Status Conference set for 1/21/2026 at 02:00 PM will be held by Zoom Videoconference. (jat)

Set Pretrial or Status Conference

ORDER granting 7, 33 motions to intervene. Wisconsin Election Commission's motion to dismiss and response to the government's motion to compel due February 2, 2026. Intervenor-defendants' supplemental briefs due February 12, 2026. Government's response to the motion to dismiss and reply to the motion to compel due March 2, 2026. Wisconsin Election Commission's reply to the motion to dismiss due March 16, 2026. Intervenor- defendant's supplemental submissions due March 20, 2026. Signed by District Judge James D. Peterson on 1/21/26. (jat) (Entered: 01/22/2026)

Minute Entry for proceedings held before District Judge James D. Peterson: Status Conference held on 1/21/2026 [:16] (Court Reporter JLD.) (lam) Modified on 1/23/2026 (lam). (Entered: 01/22/2026)

Notice of Withdrawal of Counsel by Megan Christine Keenan re: Intervenor Defendants Melissa Adams, Common Cause, Amanda Makulec, Jaime Riefer (Keenan, Megan) (Entered: 01/28/2026)

MOTION TO DISMISS by Defendants Marge Bostelmann, Ann S. Jacobs, Don M. Millis, Carrie Riepl, Robert F. Spindell, Jr, Mark L. Thomsen, Wisconsin Elections Commission, Meagan Wolfe. Brief in Opposition due 2/23/2026. Brief in Reply due 3/5/2026. (Ward-Packard, Samuel) (Entered: 02/02/2026)

Declaration of Samuel T. Ward-Packard filed by Defendants Marge Bostelmann, Ann S. Jacobs, Don M. Millis, Carrie Riepl, Robert F. Spindell, Jr, Mark L. Thomsen, Wisconsin Elections Commission, Meagan Wolfe re: 56 Motion to Dismiss, (Attachments: # 1 Exhibit 1 - Cerny Petition, # 2 Exhibit 2 - Cerny Order, # 3 Exhibit 3 - US Bellows Amicus Brief, # 4 Exhibit 4 - US Wolfe Appellee Brief, # 5 Exhibit 5 - DOJ Employees Amicus Brief in Weber, # 6 Exhibit 6 - 1959 Commission Report, # 7 Exhibit 7 - Eisenhower 1959 Special Message to Congress, # 8 Exhibit 8 - Eisenhower 1960 CRA Signing Statement) (Ward-Packard, Samuel) (Entered: 02/02/2026)

1 Exhibit 1 - Cerny Petition

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2 Exhibit 2 - Cerny Order

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3 Exhibit 3 - US Bellows Amicus Brief

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4 Exhibit 4 - US Wolfe Appellee Brief

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5 Exhibit 5 - DOJ Employees Amicus Brief in Weber

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6 Exhibit 6 - 1959 Commission Report

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7 Exhibit 7 - Eisenhower 1959 Special Message to Congress

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8 Exhibit 8 - Eisenhower 1960 CRA Signing Statement

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Brief in Support of 56 Motion to Dismiss, by Defendants Marge Bostelmann, Ann S. Jacobs, Don M. Millis, Carrie Riepl, Robert F. Spindell, Jr, Mark L. Thomsen, Wisconsin Elections Commission, Meagan Wolfe (Ward-Packard, Samuel) Modified on 2/3/2026: And in Opposition to Plaintiff's Motion to Compel. (lak) (Entered: 02/02/2026)

Motion for Leave to File an Amicus Brief by Amicus Democratic National Committee. (Attachments: # 1 Brief of the Democratic National Committee as Amicus Curiae) (Hawley, Jonathan) (Entered: 02/03/2026)

1 Brief of the Democratic National Committee as Amicus Curiae

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Set Briefing Deadlines

Set/Reset Briefing Deadlines as to 56 MOTION TO DISMISS. Brief in Opposition due 3/2/2026. Brief in Reply due 3/16/2026. (jls)

Notice of Appearance filed by Daniel J. Freeman for Amicus Democratic National Committee. (Freeman, Daniel) (Entered: 02/04/2026)

Unopposed Motion for Leave to File Amicus Brief by Amicus Former Employees of the U.S. Department of Justice. (Attachments: # 1 Brief Amici Curiae of Former Employees of the U.S. Department of Justice) (Godesky, Leah) (Entered: 02/10/2026)

MOTION TO DISMISS by Intervenor Defendant Common Cause. Brief in Opposition due 3/5/2026. Brief in Reply due 3/16/2026. (Cox, Ryan) (Entered: 02/12/2026)

Brief in Support of 62 Motion to Dismiss by Intervenor Defendant Common Cause (Attachments: # 1 Exhibit USDOJ Memorandum of Understanding, # 2 Exhibit Cited Cases, # 3 Exhibit Cited Cases, # 4 Exhibit Cited Cases) (Cox, Ryan) Modified on 2/13/2026: Linked to 2 Motion to Compel. (rks/lak). (Entered: 02/12/2026)

1 Exhibit USDOJ Memorandum of Understanding

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2 Exhibit Cited Cases

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3 Exhibit Cited Cases

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4 Exhibit Cited Cases

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** TEXT ONLY ORDER ** The Democratic National Committee and a group of former United States Department of Justice employees move for leave to file amicus briefs in support of the defendants in this case. Dkt. 59 and Dkt. [61. The motions are GRANTED. The government should include any responses to the arguments raised by the amici in its response to defendants' motion to dismiss. Signed by District Judge James D. Peterson on 2/12/2026. (jls) (Entered: 02/12/2026)

Supplemental Brief in Support of 56 Motion to Dismiss, and in Opposition to 2 Motion for Order to Compel Production of Records, by Intervenor Parties Forward Latino, Wisconsin Alliance for Retired Americans (Fox, David) Modified on 2/13/2026: Linked to 2 Motion to Compel. (lak) (Entered: 02/12/2026)

Text Only Order

Set Briefing Deadlines

Reset Briefing Deadlines as to 62 MOTION TO DISMISS. Brief in Opposition due 3/2/2026. Brief in Reply due 3/20/2026. (jls)

Notice of Appearance filed by Joseph W Voiland for Plaintiff United States of America. (Voiland, Joseph) (Entered: 02/17/2026)

Motion for Leave to File an Amicus Brief by Amicus Republican Party Of Wisconsin. (Attachments: # 1 Brief of the Republican Party of Wisconsin as Amicus Curiae, # 2 Declaration of Nicholas Boerke, # 3 Exhibit A - Complaint in U.S. v. Georgia (2006), # 4 Exhibit B - Decree in U.S. v. Georgia (2006), # 5 Exhibit C - MOU between USDOJ and Texas (2008), # 6 Exhibit D - Cerney Order (Oct. 3, 2025)) (Boerke, Nicholas) Modified on 2/18/2026: Deleted all contact information for new party added with this filing. (lak) (Entered: 02/17/2026)

1 Brief of the Republican Party of Wisconsin as Amicus Curiae

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2 Declaration of Nicholas Boerke

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3 Exhibit A - Complaint in U.S. v. Georgia (2006)

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4 Exhibit B - Decree in U.S. v. Georgia (2006)

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5 Exhibit C - MOU between USDOJ and Texas (2008)

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6 Exhibit D - Cerney Order (Oct. 3, 2025)

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** TEXT ONLY ORDER **The Republican Party of Wisconsin's motion for leave to file an amicus brief in support of the government, Dkt. 67, is GRANTED. Defendants should include any responses to the amicus brief in their reply briefs in support of the motion to dismiss. Signed by District Judge James D. Peterson on 2/18/2026. (lam) (Entered: 02/18/2026)

Order on Motion for Leave to File

Notice of Withdrawal of Counsel by Joseph W. Voiland re: Plaintiff United States of America withdrawing David D. Vandenberg (Voiland, Joseph) (Entered: 02/23/2026)