Timothy Zignego v. Wisconsin Elections Commission

Appeal Number 2019AP002397

CONSOLIDATED - List of Consolidated Cases
Supreme Court

CASE HISTORY
Status
Court
Filing Date
Anticipated Due Date
Activity
PEND
SC
09-29-2020
Oral Argument
Comment: 1st case, 9:45 a.m. (Due to COVID-19 pandemic, argument will be conducted via video/audio conferencing).

OCCD
SC
07-20-2020
Filed By: Eric Hatchell
Comment: Public Interest Legal Foundation Brief of Amicus Curiae - Filing Acknowledgement (Public Interest Foundation)

OCCD
SC
07-17-2020
Motion for Pro Hac Vice status
Filed By: Eric Hatchell
Submit Date: 7-17-2020
Decision: (G) Grant
Decision Date: 8-4-2020
IT IS ORDERED that the motion is granted. A copy of SCR 10.03(4), setting forth the requirements for attorneys appearing pro hac vice, is attached to the moving party's copy of this order.
Comment: Motion for Pro Hac Vice status Court Order - 08/04/20

OCCD
SC
07-16-2020
Court Order
ORD that the Public Interest Legal Foundation Shall file 14 additional copies of its amicus brief on or before July 27, 2020.
Comment: 7/16/20 CTO

OCCD
SC
07-15-2020
Certificate of Filing by Mail
Comment: RE: Brief of Amicus Curiae League of Women Voters of Wisconsin, Mailed 7-13-2020, Copies (22), COS.

OCCD
SC
07-15-2020
Comment: League of Women Voters of Wisconsin. Note that the district number has been corrected on all briefs. Please use this number on all future correspondence; Notice of Filing of Brief of Amicus Curiae (League of Women Voters of WI)

OCCD
SC
07-14-2020
Assigned-Oral Argument

OCCD
SC
07-13-2020
Motion to File Amicus/Non-Party Brief
Filed By: Eric Hatchell
Submit Date: 7-13-2020
Decision: (G) Grant
Decision Date: 7-15-2020
IT IS ORDERED that the motion is granted, and the brief is accepted for filing.
Comment: Public Interest Legal Foundation; Motion to File Amicus/Non-Party Brief (Public Interest Legal Foundation); Order on Motion to File Amicus/Non-Party Brief (Public Interest Legal Foundation)

OCCD
SC
07-13-2020
Comment: SEIU Wisconsin State Council, Felicia Ellzey, Marangelly Quintana Feliciano, and Jennifer Hagen Notice of Filing of Brief of Amicus Curiae (SEIU Wisconsin State Council, Felicia Ellzey, Marangelly Quintana Feliciano, and Jennifer Hagen) Brief of Amicus Curiae - Filing Acknowledgement (SEIU) and CL

OCCD
SC
07-13-2020
Reply Brief-Supreme Court
Reply Brief-Supreme Court
Filed By: Lucas Vebber
Comment: Reply Brief-Supreme Court - CL Reply Brief - Supreme Court - Filing Acknowledgement

OCCD
SC
07-09-2020
Brief of Amicus Curiae
Brief of Amicus Curiae
Filed By: (St. John, Kevin)
Comment: Honest Elections Project Brief of Amicus Curiae - Filing Acknowledgement (Honest Elections)

OCCD
SC
07-08-2020
Motion to File Amicus/Non-Party Brief
Filed By: (St. John, Kevin)
Submit Date: 7-8-2020
Decision: (G) Grant
Decision Date: 7-9-2020
IT IS ORDERED that the motion is granted, and the brief is accepted for filing.
Comment: Honest Elections Project Motion to File Amicus/Non-Party Brief (Honest Elections Project) Court Order - 07/09/20

OCCD
SC
07-03-2020
Motion to File Amicus/Non-Party Brief
Filed By: Douglas Poland
Submit Date: 7-3-2020
Decision: (G) Grant
Decision Date: 7-6-2020
IT IS ORDERED that the motion is granted. Twenty-two copies of the brief shall be filed on or before July 13, 2020.
Comment: League of Women Voters of Wisconsin Court Order - 07/06/20

OCCD
SC
07-01-2020
Rejected Electronic Document
Comment: SEIU Unopposed Motion for Leave to File Amicus Brief; This document is rejected because this Court does not currently accept this type of document via E-filing. If you have not done so already, please mail or fax this motion to the Clerk's Office for filing.

OCCD
SC
06-30-2020
Certificate of Filing by Mail
Comment: Regarding BR2; Mailed 6/29/20, COS included Certificate of Filing by Mail

OCCD
SC
06-30-2020
Motion to File Amicus/Non-Party Brief
Filed By: Jeffrey Mandell
Submit Date: 7-1-2020
Decision: (G) Grant
Decision Date: 7-1-2020
ORD that the motion is granted. Twenty-two copies of the brief shall be filed on or before July 13, 2020.
Comment: SEIU Wisconsin State Council, Felicia Ellzey, Marangelly Quintana Feliciano, and Jennifer Hagen; Motion to File Amicus/Non-Party Brief

OCCD
SC
06-30-2020
Response Brief-Supreme Court
Response Brief-Supreme Court
Filed By: Karla Keckhaver
Comment: Response Brief - Supreme Court - Filing Acknowledgement

OCCD
SC
06-26-2020
Caption Amended
Comment: Caption Amended

OCCD
SC
06-12-2020
Certificate of Service
Comment: From AAG Keckhaver; Motion to Extend Time to File Response Brief and Response to Motion to Decide Case on the Briefs, or in the Alternative, to Set an Expedited Oral Argument were deposited in the United States mail on June 12, 2020 Certificate of Service

OCCD
SC
06-12-2020
Motion to Extend Time
Filed By: Karla Keckhaver
Submit Date: 6-12-2020
Decision: (G) Grant
Decision Date: 6-30-2020
ORD that the motion of the plaintiffs-respondents-petitioners to decide the matter on briefs or, in the alternative, to set an expedited date for oral argument is denied. This matter will be scheduled for oral argument in the normal course, but oral argument will not occur before September 29, 2020
FRO that the motion of defendants-appellants for an extension of time to file their response brief is granted. The response brief shall be served and filed on or before July 21, 2020.
Rebecca Grassl Bradley, J. concurs in part and dissents in part with a separate writing.
Daniel Kelly, J. joins this opinion concurring in part and dissenting in part.
Motion Response
Filed By: Lucas Vebber
Submit Date: 6-15-2020
See BR2 event due on 6-29-2020
Comment: Motion to Extend Time Response

OCCD
SC
06-09-2020
Motion for Miscellaneous Relief
Filed By: Lucas Vebber
Submit Date: 6-9-2020
Decision: (D) Deny
Decision Date: 6-30-2020
ORD that the motion of the plaintiffs-respondents-petitioners to decide the matter on briefs or, in the alternative, to set an expedited date for oral argument is denied. This matter will be scheduled for oral argument in the normal course, but oral argument will not occur before September 29, 2020
FRO that the motion of defendants-appellants for an extension of time to file their response brief is granted. The response brief shall be served and filed on or before July 21, 2020.
Rebecca Grassl Bradley, J. concurs in part and dissents in part with a separate writing.
Daniel Kelly, J. joins this opinion concurring in part and dissenting in part.
Motion Response
Filed By: Karla Keckhaver
Submit Date: 6-12-2020
Comment: Motion to Decide Case on the Briefs or, In the Alternative, to Set an Expedited Date for Oral Argument Motion for Miscellaneous Relief Response

OCCD
SC
06-09-2020
First Brief-Supreme Court
First Brief-Supreme Court
Comment: Please note the party designation on the caption was corrected on the covers of all briefs. Please use the above caption on all future briefs. Appendix to First Brief-Supreme Court First Brief - Supreme Court - Filing Acknowledgement

OCCD
SC
06-01-2020
Court Changed to Supreme Court
Comment: Court Changed to Supreme Court

OCCD
SC
04-29-2020
Court Order
KELLY, J. :
Justice Daniel Kelly will participate in the remainder of this matter going forward, including the consideration of the petition for review and, potentially, the merits of the matter if the petition for review is granted.
Comment: Court Order (Justice Kelly) - 04/29/20

OCCD
CA
04-27-2020
Final Publication

OCCD
CA
04-22-2020
Letter/Correspondence
Comment: From WILL, signed by Atty. Richard Esenberg. Re: response to Justice Kelly's 4-15-20 order concerning his participation in the case. Letter/Correspondence filed by Wisconsin Institute for Law & Liberty

OCCD
CA
04-16-2020
Filed By: (St. John, Kevin)
Comment: Honest Elections Project. SC Brief of Amicus Curiae - Filing Acknowledgement and CL (Honest Elections Project)

OCCD
SC
04-15-2020
Court Order
KELLY, J. :
IT IS ORDERED that any party wishing to address the issue of my participation in or recusal from the consideration of the petition for review and potentially of the merits of these consolidated matters shall file a written response to this order no later than April 22, 2020. Any written response, including supporting documents, shall be filed as an attachment in pdf format to an email addressed to clerk@wicourts.gov.
Comment: Court Order (recusal) - 04/15/20

OCCD
SC
04-09-2020
Motion for Pro Hac Vice status
Filed By: (St. John, Kevin)
Submit Date: 4-9-2020
Decision: (G) Grant
Decision Date: 4-14-2020
IT IS ORDERED that the motion for admission pro hac vice is granted as to both Attorney Harris and Attorney Norris. A copy of SCR 10.03(4), setting forth the requirements for attorneys appearing pro hac vice, is attached to the moving party's order.
IT IS FURTHER ORDERED that the motion for leave to file a non-party brief amicus curiae in support of the petition for review is granted. Twenty-two copies of the brief shall be filed on or before April 24, 2020.

OCCD
SC
04-09-2020
Motion to File Amicus/Non-Party Brief
Filed By: (St. John, Kevin)
Submit Date: 4-9-2020
Decision: (G) Grant
Decision Date: 4-14-2020
IT IS ORDERED that the motion for admission pro hac vice is granted as to both Attorney Harris and Attorney Norris. A copy of SCR 10.03(4), setting forth the requirements for attorneys appearing pro hac vice, is attached to the moving party's order.
IT IS FURTHER ORDERED that the motion for leave to file a non-party brief amicus curiae in support of the petition for review is granted. Twenty-two copies of the brief shall be filed on or before April 24, 2020.
Comment: Court Order - 04/14/20

OCCD
CA
03-26-2020
Cites
391 Wis. 2d 441

OCCD
CA
03-26-2020
Cites
941 N.W.2d 284

OCCD
CA
03-26-2020
Opinion Ordered Published
Comment: Opinion Ordered Published

OCCD
CA
03-26-2020
Public Domain Citation
Comment: PDC No: 2020 WI App 17

OCCD
SC
03-11-2020
Fee Paid
Comment: Receipt No: 20R 000567

OCCD
SC
03-11-2020
04-24-2020
Petition for Review
Filed By: Lucas Vebber
Submit Date: 3-27-2020
Decision: (G) Grant
Decision Date: 6-1-2020
IT IS ORDERED that the petition for review is granted and that pursuant to Wis. Stat. (Rule) 809.62(6), the plaintiffs-respondents-petitioners may not raise or argue issues not set forth in the petition for review unless otherwise ordered by the court; and
IT IS FURTHER ORDERED that pursuant to Wis. Stat. (Rules) 809.62(6) and 809.63, within 30 days after the date of this order the plaintiffs-respondents-petitioners must file a brief in this court; that within 20 days of filing the defendants-appellants, Wisconsin Elections Commission, et al., must file either a brief or a statement that no brief will be filed; and that if a brief is filed by the defendants-appellants, within 10 days of filing the plaintiffs-respondents-petitioners must file either a reply brief or a statement that no reply brief will be filed; and
IT IS FURTHER ORDERED that in any brief filed in this court the parties shall not incorporate by reference any portion of their court of appeals' brief or petition for review or response; instead, any material in these documents upon which there is reliance should be restated in the brief filed in this court; and
IT IS FURTHER ORDERED that the first brief filed in this court must contain, as part of the appendix, a copy of the decision of the court of appeals in this case; and
IT IS FURTHER ORDERED that, if a party has not previously filed an electronic copy of the briefs filed on behalf of that party in the court of appeals, the party, within 30 days after the date of this order, must provide the clerk of this court with 10 copies of the brief previously filed on behalf of that party in the court of appeals; but if the party has already filed an electronic copy of such briefs, then there is no obligation to provide additional copies of those briefs to the clerk of this court; and
IT IS FURTHER ORDERED that the allowance of costs, if any, i
Comment: Petition for Review - Filing Acknowledgement with CL Response to PRE Response - COM Petition for Review - Appendix

OCCD
CA
02-28-2020
Judge Panel: Nashold, Kloppenburg, Fitzpatrick
Opinion: Opinion
Decision: Reversed Pages: 45
Written by: Fitzpatrick, Michael R.
Order Text: Orders reversed and cause remanded with directions.
Comment: Opinion/Decision

OCCD
CA
02-27-2020
Caption Amended

OCCD
CA
02-26-2020
Briefs Received At State Law Library

OCCD
CA
02-21-2020
Submitted on Briefs

OCCD
CA
02-20-2020
Briefs Sent to District
Comment: Reply Brief

OCCD
CA
02-19-2020
Rejected Electronic Document
Comment: Brief of Amicus Curiae; Duplicate, no action.

OCCD
CA
02-19-2020
Rejected Electronic Document
Comment: Brief of Amicus Curiae; Duplicate, no action.

OCCD
CA
02-19-2020
Rejected Electronic Document
Comment: Brief of Amicus Curiae; Duplicate, no action.

OCCD
CA
02-19-2020
Rejected Electronic Document
Comment: Brief of Amicus Curiae; Duplicate, no action.

OCCD
CA
02-19-2020
Briefs Sent to District
Comment: Brief of Amicus Curiae

OCCD
CA
02-19-2020
Reply Brief
Reply Brief
Filed By: Karla Keckhaver

Comment: Reply Brief - Filing Acknowledgement with CL

OCCD
CA
02-19-2020
Filed By: Jeffrey Mandell

Comment: Felicia Ellzey, Marangelly Quintana Feliciano, Jennifer Hagen & SEIU Wisconsin State Council Brief of Amicus Curiae - Filing Acknowledgement with CL

OCCD
CA
02-14-2020
Briefs Sent to District
Comment: Brief of Respondent

OCCD
CA
02-14-2020
Notice of Appearance
Comment: Lucas Vebber and Anthony LoCoco as co-counsel for Respondents

OCCD
CA
02-14-2020
Brief of Respondent(s)
Brief of Respondents
Filed By: Lucas Vebber

Comment: Brief of Respondent(s) - Filing Acknowledgement with CL

OCCD
CA
02-05-2020
Motion to File Amicus/Non-Party Brief
Filed By: Jeffrey Mandell
Submit Date: 2-5-2020
Decision: (G) Grant
Decision Date: 2-6-2020
ORD that the SEIU Wisconsin State Council, Felicia Elzey, Marangelly Quintana Feliciano, and Jennifer Hagen may file a non-party brief no later than February 19, 2020.
Comment: Motion to File Amicus/Non-Party Brief Court Order - 02/06/20

OCCD
CA
02-05-2020
Record and Briefs Sent to District 4
Comment: Brief of Appellant

OCCD
CA
02-04-2020
Brief & Appx of Appellant(s)
Brief of Appellants
Comment: Separate Appendix. Brief & Appx of Appellant(s) - Filing Acknowledgement with CL

OCCD
CA
02-03-2020
Motion to Extend Time
Filed By: Karla Keckhaver
Submit Date: 2-3-2020
Decision: (G) Grant
Decision Date: 2-4-2020
ORD that the time to file the appellants' brief is extended to February 4, 2020. Subsequent deadlines shall continue to run from the filing of the appellants' brief as set forth in our January 21, 2020 order.
See BAP event due on 2-4-2020
Comment: Motion to Extend Time Court Order - 02/04/20

OCCD
CA
01-21-2020
Consolidated Case
Comment: [2019AP002397, 2020AP000112]

OCCD
CA
01-17-2020
Court Order
ORD that these matters are consolidated for briefing and disposition upon docketing of the appeal in case No. 2020XX53, the contempt appeal.
FRO that the appellants shall file the statement on transcript for the contempt appeal no later than Tuesday, January 21, 2020, referencing the January 13, 2020 contempt proceedings.
FRO that the transcript of the January 13, 2020 contempt proceedings shall be produced and filed no later than Wednesday, January 22, 2020.
FRO that items in the circuit court record not already transmitted to this court shall be transmitted for the record in the contempt appeal no later than Thursday, January 23, 2020, without need for any notice of compilation of the record.
See XMS event filed on 12-20-2019

OCCD
CA
01-14-2020
Caption Amended
Comment: Caption Amended

OCCD
CA
01-13-2020
Hold Status

OCCD
SC
01-08-2020
Motion for Miscellaneous Relief
Filed By: Karla Keckhaver
Submit Date: 1-8-2020
Decision: (D) Deny
Decision Date: 1-13-2020
ORD the petition to bypass is denied.
FRO that the defendants-appellant's emergency motion is dismissed, given that this court has denied the petition to bypass.
Dissenting: Rebecca Grassl Bradley, J., joined by Roggensack, C.J. and Ziegler, J.
Justice Daniel Kelly did not participate.
Motion Response
Filed By: Richard Esenberg
Submit Date: 1-9-2020
Comment: Appellants' Emergency Motion to Reverse the Court of Appeals Decision to Hold the Stay Motion in Abeyance, or for This Court to Issue a Stay of the Writ of Mandamus Entered by the Circuit Court Court Order - 01/13/20 Response Motion for Miscellaneous Relief

OCCD
CA
01-07-2020
Record
Comment: 1-61 to 97-1 ELECTRONICALLY FILED Record - Filing Notice

OCCD
CA
01-03-2020
Motion for Miscellaneous Relief
Filed By: Karla Keckhaver
Submit Date: 1-3-2020
Decision: (O) Other
Decision Date: 1-7-2020
ORD that the motion to stay and the petition to intervene shall be held in abeyance pending action by the supreme court.
Comment: Renewed Motion for an Expedited Stay of the Writ of Mandamus Enetered December 17, 2019 Or, in the Alternative, For Clarification of Whether This Court Intends to Rule on the Motion Court Order - 01/07/20 Motion for Miscellaneous Relief

OCCD
CA
01-03-2020
Notice of Appearance
Comment: AAG Colin Roth as Co-counsel for the Appellants Notice of Appearance

OCCD
CA
01-02-2020
Docketing Statement Submitted

OCCD
CA
01-02-2020
Rejected Electronic Document
Comment: Response to SEIU Intervention Petition by WILL; We do not currently accept this type of document for e-filing. Filed by hand-delivery, no action.

OCCD
SC
12-23-2019
Court Order
Justice Daniel Kelly shall not participate in this matter.
Comment: Court Order (recuse) - 12/23/19

OCCD
CA
12-23-2019
Notif. Sent-Filing of NAP & Ct. Record
Comment: Notif. Sent-Filing of NAP & Ct. Record

OCCD
CA
12-23-2019
Fee Waived
Comment: State appeal

OCCD
CA
12-23-2019
Notice of Appeal & Court Record
Comment: Notice of Appeal & Court Record

OCCD
CA
12-23-2019
X Transfer

OCCD
SC
12-20-2019
Court Order
ORD that any response(s) to the petition to bypass shall be filed on or before January 3, 2020.

OCCD
SC
12-20-2019
Fee Paid
Comment: Receipt No: 19R 003262

OCCD
SC
12-20-2019
Petition to Bypass
Filed By: Richard Esenberg
Submit Date: 1-3-2020
Decision: (D) Deny
Decision Date: 1-13-2020
ORD the petition to bypass is denied.
FRO that the defendants-appellant's emergency motion is dismissed, given that this court has denied the petition to bypass.
Dissenting: Rebecca Grassl Bradley, J., joined by Roggensack, C.J. and Ziegler, J.
Justice Daniel Kelly did not participate.
Motion Response
Filed By: Jeffrey Mandell
Submit Date: 1-3-2020
Motion Response
Filed By: Steven Kilpatrick
Submit Date: 1-3-2020
Comment: Petition to Bypass - Filing Notice Petition to Bypass with CL

OCCD
CA
12-20-2019
Miscellaneous Motion on XX-Case
Filed By: Kurt Simatic
Submit Date: 12-20-2019
Decision: (D) Deny
Decision Date: 1-21-2020
ORD that the circuit court's order for a writ of mandamus and the circuit court's contempt order continue to be stayed. The stay shall remain in place until remittitutr to the circuit court.
FRO that the petition to intervene is denied.
FRO that the appellants' brief shall be filed no later than ten calendar days after the date of this order.
FRO that the respondents' brief shall be filed no later than ten calendar days after the appellant's brief is filed.
FRO that the appellants' reply brief shall be filed no later than five calendar days after the respondents' brief is filed.
Motion Response
Filed By: Richard Esenberg
Submit Date: 1-2-2020
This motion contains court order(s).
Comment: Intervention Petition; held in abeyance pending action by supreme court per 1/7/20 CTO; SC order issued 1/13/20 Response with CL Miscellaneous Motion on XX-Case Order (01-21-20) Miscellaneous Motion on XX-Case

OCCD
CA
12-18-2019
Court Order
IT IS ORDERED that the appellants' request for an immediate temporary stay without a response from the respondents is denied.
IT IS FURTHER ORDERED that the respondents shall file a response to the appellant's motion for an expedited stay no later than 9:00 a.m. on Monday, December 23, 2019.
See MRL event filed on 12-17-2019
Comment: Court Order (response) - 12/18/19

OCCD
CA
12-18-2019
Transfer to District IV

OCCD
CA
12-18-2019
Transfer District Designation

OCCD
CA
12-17-2019
Statement on Transcript
Filed By: Karla Keckhaver
Status: Prev. Filed
Comment: Statement on Transcript

OCCD
CA
12-17-2019
Notice of Appeal filed in Cir. Ct.
Comment: Copy of Notice of Appeal filed in circuit court with CL

OCCD
CA
12-17-2019
Order of Circuit Court

OCCD
CA
12-17-2019
Docketing Statement from Appellant
Comment: Expedited Appeals Marked Docketing Statement from Appellant

OCCD
CA
12-17-2019
Motion for Relief
Filed By: Karla Keckhaver
Submit Date: 12-17-2019
Decision: (G) Grant
Decision Date: 1-14-2020
ORD that the circuit court's order for a writ of mandamus is stayed until further order of this court.
Motion Response
Filed By: Richard Esenberg
Submit Date: 12-23-2019
Motion Response
Filed By: Steven Kilpatrick
Submit Date: 12-23-2019
Motion Response
Filed By: Richard Esenberg
Submit Date: 12-23-2019
Motion Response
Filed By: Jeffrey Mandell
Submit Date: 12-23-2019
Motion Response
Filed By: Jeffrey Mandell
Submit Date: 12-26-2019
Motion Response
Filed By: Karla Keckhaver
Submit Date: 12-27-2019
This motion contains court order(s).
Comment: Response - Mandell 12/26/19 Response - Keckhaver 12/27/19 Response - Mandell 12/23/19 Response - Kilpatrick 12/23/19 Response - Esenberg 12/23/19 Response - Esenberg 12/23/19 - attachments and CL Motion for Relief Order (01-14-20) Motion for Relief Letter filed by Attorney Esenberg (12-23-19)