Richard Teigen v. Wisconsin Elections Commission

Appeal Number 2022AP000091

Supreme Court

CASE HISTORY
Status
Court
Filing Date
Anticipated Due Date
Activity
OCCD
SC
11-29-2023
Fee Paid
Comment: Receipt No: 23R 002941

OCCD
SC
10-26-2022
Remittitur

OCCD
SC
08-08-2022
Letter/Correspondence
Comment: Cover Letter to Response to Motion for Reconsideration

OCCD
SC
07-28-2022
Motion for Reconsideration
Filed By: Douglas Poland
Submit Date: 8-8-2022
Decision: (D) Deny
Decision Date: 9-20-2022
ORD that the motion for reconsideration is denied, with costs.
Motion Response
Filed By: Douglas Poland
Submit Date: 8-8-2022
Motion Response
Filed By: Luke Berg
Submit Date: 8-8-2022
Motion Response
Filed By: Jeffrey Mandell
Submit Date: 9-1-2022
Comment: Motion for Reconsideration and Memorandum of Law in Support of Motion for Reconsideration; timely; Response to Motion for Reconsideration; Citation of Supplemental Authorities in Support of Motion for Reconsideration

OCCD
SC
07-28-2022
Certificate of Service
Comment: Certificate of Service of Motion for Reconsideration

OCCD
SC
07-28-2022
Letter/Correspondence
Comment: Cover Letter to Motion for Reconsideration

OCCD
SC
07-08-2022
Cites
403 Wis. 2d 607

OCCD
SC
07-08-2022
Cites
976 N.W.2d 519

OCCD
SC
07-08-2022
Judge Panel: Roggensack, Bradley, Ziegler, Bradley, Dallet, Hagedorn, Karofsky
Opinion: Opinion
Decision: Affirmed Pages: 53
Written by: Bradley, Rebecca Grassl
Bradley, Rebecca Grassl Wrote Concurring Opinion 17 pages.
Ziegler, Annette K. Joined Concurring Opinion
Roggensack, Patience Drake Joined Concurring Opinion
Hagedorn, Brian K. Wrote Concurring Opinion 35 pages.
Bradley, Ann Walsh Wrote Dissenting Opinion 19 pages.
Dallet, Rebecca F. Joined Dissenting Opinion
Karofsky, Jill Joined Dissenting Opinion
Order Text: The judgment and order of the Circuit Court is affirmed.
Comment: Opinion/Decision - Supreme Court

OCCD
SC
07-07-2022
Public Domain Citation
Comment: PDC No: 2022 WI 64

OCCD
SC
04-13-2022
Oral Argument
Comment: 1st case, 8:30 a.m. (in the Capitol Hearing Room); 45 minutes per side, per 03-28-2022 Order. Jeffrey A. Mandell for Intervenors-Defendants-Appellants. Charles G. Curtis for Intervenor-Defendant-Co-Appellant. Steven C. Kilpatrick for Defendant-Co-Appellant. Richard M. Esenberg for Plaintiffs-Respondents-Petitioners. James R. Troupis for Amicus Curiae.

OCCD
SC
04-04-2022
Response
Comment: Senator Johnson is to inform the court by email to the clerk of this court at clerk@wicourts.gov, no later than 4:00 p.m. on April 4, 2022, whether the parties are or are not willing to cede any argument time - per 03-28-2022 Order Response from Senator Johnson RE Oral Argument

OCCD
SC
04-01-2022
Briefs Received At State Law Library

OCCD
SC
03-30-2022
Filed By: Claire Silverman
Comment: League of Wisconsin Municipalities

OCCD
SC
03-28-2022
Filed By: Kurt Goehre
Comment: Republican National Committee et al.

OCCD
SC
03-28-2022
Filed By: Michael Dean
Comment: True the Vote, Inc. Separate appendix.

OCCD
SC
03-28-2022
Filed By: Matthew Fernholz
Comment: Honest Elections Project

OCCD
SC
03-28-2022
Filed By: James Troupis
Comment: Senator Ron Johnson

OCCD
SC
03-28-2022
Court Order
CONTINUED.... 2/2

IT IS FURTHER ORDERED that True the Votes motion for leave to file a non-party brief amicus curiae is granted and the accompanying brief is accepted for filing; and
IT IS FURTHER ORDERED that the Republican National Committee et al.s motion for leave to file a non-party brief amicus curiae is granted and the accompanying brief is accepted for filing; and
IT IS FURTHER ORDERED that the League of Wisconsin Municipalities motion for leave to file a non-party brief amicus curiae is granted. Twenty-two copies of the brief shall be filed on or before March 30, 2022. In light of the oral argument scheduled on April 13, 2022, requests for briefing extensions will be viewed with disfavor; and
IT IS FURTHER ORDERED that the joint motion to allot 45 minutes or oral argument time per side is granted.

REBECCA GRASSL BRADLEY, J. concurs.
JILL J. KAROFSKY, J. concurs in part, dissents in part.
Justices ANN WALSH BRADLEY and REBECCA FRANK DALLET join Justice Karofsky's concurrence/dissent.
Comment: 03-28-2022 Order

OCCD
SC
03-28-2022
Court Order
IT IS ORDERED that Senator Ron Johnsons motion for leave to file a non-party brief amicus curiae is granted and the accompanying brief is accepted for filing; and
IT IS FURTHER ORDERED that Senator Ron Johnson's motion for oral argument time is denied. Amici are generally not granted oral argument time in addition to the argument time allotted to the parties, but amici are generally allowed to speak at oral argument if any party cedes time. Senator Johnson is directed to ask the parties if they would be willing to cede any oral argument time to him. Senator Johnson is further directed to inform the court by email to the clerk of this court at clerk@wicourts.gov, no later than 4:00 p.m. on April 4, 2022, whether the parties are or are not willing to cede any argument time; and
IT IS FURTHER ORDERED that the motions admitting Attorneys Cameron T. Norris, James P. McGlone and James Bopp, Jr., pro hac vice, are granted. A copy of Supreme Court Rule (SCR) 10.03(4), setting forth the requirements for attorneys appearing pro hac vice, is attached to the moving parties' copies of this order; and
IT IS FURTHER ORDERED that Honest Elections Project's motion for leave to file a non-party brief is granted. Twenty-two copies of the brief shall be filed on or before March 30, 2022. In light of the oral argument scheduled on April 13, 2022, requests for briefing extensions will be viewed with disfavor; and

CONTINUED.... 1/2

OCCD
SC
03-25-2022
Motion for Miscellaneous Relief
Filed By: Scott Thompson
Submit Date: 3-25-2022
Decision: (G) Grant
Decision Date: 3-28-2022
IT IS ORDERED that Senator Ron Johnsons motion for leave to file a non-party brief amicus curiae is granted and the accompanying brief is accepted for filing; and
IT IS FURTHER ORDERED that Senator Ron Johnson's motion for oral argument time is denied. Amici are generally not granted oral argument time in addition to the argument time allotted to the parties, but amici are generally allowed to speak at oral argument if any party cedes time. Senator Johnson is directed to ask the parties if they would be willing to cede any oral argument time to him. Senator Johnson is further directed to inform the court by email to the clerk of this court at clerk@wicourts.gov, no later than 4:00 p.m. on April 4, 2022, whether the parties are or are not willing to cede any argument time; and
IT IS FURTHER ORDERED that the motions admitting Attorneys Cameron T. Norris, James P. McGlone and James Bopp, Jr., pro hac vice, are granted. A copy of Supreme Court Rule (SCR) 10.03(4), setting forth the requirements for attorneys appearing pro hac vice, is attached to the moving parties' copies of this order; and
IT IS FURTHER ORDERED that Honest Elections Project's motion for leave to file a non-party brief is granted. Twenty-two copies of the brief shall be filed on or before March 30, 2022. In light of the oral argument scheduled on April 13, 2022, requests for briefing extensions will be viewed with disfavor; and
IT IS FURTHER ORDERED that True the Votes motion for leave to file a non-party brief amicus curiae is granted and the accompanying brief is accepted for filing; and
IT IS FURTHER ORDERED that the Republican National Committee et al.s motion for leave to file a non-party brief amicus curiae is granted and the accompanying brief is accepted for filing; and
IT IS FURTHER ORDERED that the League of Wisconsin Municipalities motion for leave to file a non-party brief a
Comment: Joint Motion for Argument Time on Behalf of Appellants, DSCC, WEC

OCCD
SC
03-23-2022
Motion to File Amicus/Non-Party Brief
Filed By: Claire Silverman
Submit Date: 3-23-2022
Decision: (G) Grant
Decision Date: 3-28-2022
IT IS ORDERED that Senator Ron Johnsons motion for leave to file a non-party brief amicus curiae is granted and the accompanying brief is accepted for filing; and
IT IS FURTHER ORDERED that Senator Ron Johnson's motion for oral argument time is denied. Amici are generally not granted oral argument time in addition to the argument time allotted to the parties, but amici are generally allowed to speak at oral argument if any party cedes time. Senator Johnson is directed to ask the parties if they would be willing to cede any oral argument time to him. Senator Johnson is further directed to inform the court by email to the clerk of this court at clerk@wicourts.gov, no later than 4:00 p.m. on April 4, 2022, whether the parties are or are not willing to cede any argument time; and
IT IS FURTHER ORDERED that the motions admitting Attorneys Cameron T. Norris, James P. McGlone and James Bopp, Jr., pro hac vice, are granted. A copy of Supreme Court Rule (SCR) 10.03(4), setting forth the requirements for attorneys appearing pro hac vice, is attached to the moving parties' copies of this order; and
IT IS FURTHER ORDERED that Honest Elections Project's motion for leave to file a non-party brief is granted. Twenty-two copies of the brief shall be filed on or before March 30, 2022. In light of the oral argument scheduled on April 13, 2022, requests for briefing extensions will be viewed with disfavor; and
IT IS FURTHER ORDERED that True the Votes motion for leave to file a non-party brief amicus curiae is granted and the accompanying brief is accepted for filing; and
IT IS FURTHER ORDERED that the Republican National Committee et al.s motion for leave to file a non-party brief amicus curiae is granted and the accompanying brief is accepted for filing; and
IT IS FURTHER ORDERED that the League of Wisconsin Municipalities motion for leave to file a non-party brief amicu
Comment: League of Wisconsin Municipalities (LWM)

OCCD
SC
03-23-2022
Motion to File Amicus/Non-Party Brief
Filed By: Kurt Goehre
Submit Date: 3-23-2022
Decision: (G) Grant
Decision Date: 3-28-2022
IT IS ORDERED that Senator Ron Johnsons motion for leave to file a non-party brief amicus curiae is granted and the accompanying brief is accepted for filing; and
IT IS FURTHER ORDERED that Senator Ron Johnson's motion for oral argument time is denied. Amici are generally not granted oral argument time in addition to the argument time allotted to the parties, but amici are generally allowed to speak at oral argument if any party cedes time. Senator Johnson is directed to ask the parties if they would be willing to cede any oral argument time to him. Senator Johnson is further directed to inform the court by email to the clerk of this court at clerk@wicourts.gov, no later than 4:00 p.m. on April 4, 2022, whether the parties are or are not willing to cede any argument time; and
IT IS FURTHER ORDERED that the motions admitting Attorneys Cameron T. Norris, James P. McGlone and James Bopp, Jr., pro hac vice, are granted. A copy of Supreme Court Rule (SCR) 10.03(4), setting forth the requirements for attorneys appearing pro hac vice, is attached to the moving parties' copies of this order; and
IT IS FURTHER ORDERED that Honest Elections Project's motion for leave to file a non-party brief is granted. Twenty-two copies of the brief shall be filed on or before March 30, 2022. In light of the oral argument scheduled on April 13, 2022, requests for briefing extensions will be viewed with disfavor; and
IT IS FURTHER ORDERED that True the Votes motion for leave to file a non-party brief amicus curiae is granted and the accompanying brief is accepted for filing; and
IT IS FURTHER ORDERED that the Republican National Committee et al.s motion for leave to file a non-party brief amicus curiae is granted and the accompanying brief is accepted for filing; and
IT IS FURTHER ORDERED that the League of Wisconsin Municipalities motion for leave to file a non-party brief amicus cur
Comment: Republican National Committee, National Republican Senatorial Committee, Republican Party of Wisconsin Motion to File Amicus/Non-Party Brief (Republican National Committee, National Republican Senatorial Committee, Republican Party of Wisconsin)

OCCD
SC
03-23-2022
Certificate of Service
Comment: Delivered with BR3 - WEC on 3/23/2022; RE Reply Brief - Supreme Court (WEC)

OCCD
SC
03-23-2022
Reply Brief-Supreme Court
Reply Brief - Supreme Court (WEC)
Filed By: Steven Kilpatrick
Comment: WEC

OCCD
SC
03-22-2022
Motion to File Amicus/Non-Party Brief
Filed By: Michael Dean
Submit Date: 3-22-2022
Decision: (G) Grant
Decision Date: 3-28-2022
IT IS ORDERED that Senator Ron Johnsons motion for leave to file a non-party brief amicus curiae is granted and the accompanying brief is accepted for filing; and
IT IS FURTHER ORDERED that Senator Ron Johnson's motion for oral argument time is denied. Amici are generally not granted oral argument time in addition to the argument time allotted to the parties, but amici are generally allowed to speak at oral argument if any party cedes time. Senator Johnson is directed to ask the parties if they would be willing to cede any oral argument time to him. Senator Johnson is further directed to inform the court by email to the clerk of this court at clerk@wicourts.gov, no later than 4:00 p.m. on April 4, 2022, whether the parties are or are not willing to cede any argument time; and
IT IS FURTHER ORDERED that the motions admitting Attorneys Cameron T. Norris, James P. McGlone and James Bopp, Jr., pro hac vice, are granted. A copy of Supreme Court Rule (SCR) 10.03(4), setting forth the requirements for attorneys appearing pro hac vice, is attached to the moving parties' copies of this order; and
IT IS FURTHER ORDERED that Honest Elections Project's motion for leave to file a non-party brief is granted. Twenty-two copies of the brief shall be filed on or before March 30, 2022. In light of the oral argument scheduled on April 13, 2022, requests for briefing extensions will be viewed with disfavor; and
IT IS FURTHER ORDERED that True the Votes motion for leave to file a non-party brief amicus curiae is granted and the accompanying brief is accepted for filing; and
IT IS FURTHER ORDERED that the Republican National Committee et al.s motion for leave to file a non-party brief amicus curiae is granted and the accompanying brief is accepted for filing; and
IT IS FURTHER ORDERED that the League of Wisconsin Municipalities motion for leave to file a non-party brief amicus cu
Comment: True the Vote, Inc.; RESPONSE to Motion to File Amicus/Non-Party Brief (True the Vote, Inc.) - by DSCC

OCCD
SC
03-22-2022
Motion for Pro Hac Vice status
Filed By: Michael Dean
Submit Date: 3-22-2022
Decision: (G) Grant
Decision Date: 3-28-2022
IT IS ORDERED that Senator Ron Johnsons motion for leave to file a non-party brief amicus curiae is granted and the accompanying brief is accepted for filing; and
IT IS FURTHER ORDERED that Senator Ron Johnson's motion for oral argument time is denied. Amici are generally not granted oral argument time in addition to the argument time allotted to the parties, but amici are generally allowed to speak at oral argument if any party cedes time. Senator Johnson is directed to ask the parties if they would be willing to cede any oral argument time to him. Senator Johnson is further directed to inform the court by email to the clerk of this court at clerk@wicourts.gov, no later than 4:00 p.m. on April 4, 2022, whether the parties are or are not willing to cede any argument time; and
IT IS FURTHER ORDERED that the motions admitting Attorneys Cameron T. Norris, James P. McGlone and James Bopp, Jr., pro hac vice, are granted. A copy of Supreme Court Rule (SCR) 10.03(4), setting forth the requirements for attorneys appearing pro hac vice, is attached to the moving parties' copies of this order; and
IT IS FURTHER ORDERED that Honest Elections Project's motion for leave to file a non-party brief is granted. Twenty-two copies of the brief shall be filed on or before March 30, 2022. In light of the oral argument scheduled on April 13, 2022, requests for briefing extensions will be viewed with disfavor; and
IT IS FURTHER ORDERED that True the Votes motion for leave to file a non-party brief amicus curiae is granted and the accompanying brief is accepted for filing; and
IT IS FURTHER ORDERED that the Republican National Committee et al.s motion for leave to file a non-party brief amicus curiae is granted and the accompanying brief is accepted for filing; and
IT IS FURTHER ORDERED that the League of Wisconsin Municipalities motion for leave to file a non-party brief amicus cu
Comment: James Bopp, Jr.

OCCD
SC
03-21-2022
Other Papers
Comment: Cover Letter to Reply Brief - Supreme Court (DSCC)

OCCD
SC
03-21-2022
Motion for Pro Hac Vice status
Filed By: Matthew Fernholz
Submit Date: 3-22-2022
Decision: (G) Grant
Decision Date: 3-28-2022
IT IS ORDERED that Senator Ron Johnsons motion for leave to file a non-party brief amicus curiae is granted and the accompanying brief is accepted for filing; and
IT IS FURTHER ORDERED that Senator Ron Johnson's motion for oral argument time is denied. Amici are generally not granted oral argument time in addition to the argument time allotted to the parties, but amici are generally allowed to speak at oral argument if any party cedes time. Senator Johnson is directed to ask the parties if they would be willing to cede any oral argument time to him. Senator Johnson is further directed to inform the court by email to the clerk of this court at clerk@wicourts.gov, no later than 4:00 p.m. on April 4, 2022, whether the parties are or are not willing to cede any argument time; and
IT IS FURTHER ORDERED that the motions admitting Attorneys Cameron T. Norris, James P. McGlone and James Bopp, Jr., pro hac vice, are granted. A copy of Supreme Court Rule (SCR) 10.03(4), setting forth the requirements for attorneys appearing pro hac vice, is attached to the moving parties' copies of this order; and
IT IS FURTHER ORDERED that Honest Elections Project's motion for leave to file a non-party brief is granted. Twenty-two copies of the brief shall be filed on or before March 30, 2022. In light of the oral argument scheduled on April 13, 2022, requests for briefing extensions will be viewed with disfavor; and
IT IS FURTHER ORDERED that True the Votes motion for leave to file a non-party brief amicus curiae is granted and the accompanying brief is accepted for filing; and
IT IS FURTHER ORDERED that the Republican National Committee et al.s motion for leave to file a non-party brief amicus curiae is granted and the accompanying brief is accepted for filing; and
IT IS FURTHER ORDERED that the League of Wisconsin Municipalities motion for leave to file a non-party brief amicu
Comment: Cameron T. Norris and James P. McGlone

OCCD
SC
03-21-2022
Motion to File Amicus/Non-Party Brief
Filed By: Matthew Fernholz
Submit Date: 3-22-2022
Decision: (G) Grant
Decision Date: 3-28-2022
IT IS ORDERED that Senator Ron Johnsons motion for leave to file a non-party brief amicus curiae is granted and the accompanying brief is accepted for filing; and
IT IS FURTHER ORDERED that Senator Ron Johnson's motion for oral argument time is denied. Amici are generally not granted oral argument time in addition to the argument time allotted to the parties, but amici are generally allowed to speak at oral argument if any party cedes time. Senator Johnson is directed to ask the parties if they would be willing to cede any oral argument time to him. Senator Johnson is further directed to inform the court by email to the clerk of this court at clerk@wicourts.gov, no later than 4:00 p.m. on April 4, 2022, whether the parties are or are not willing to cede any argument time; and
IT IS FURTHER ORDERED that the motions admitting Attorneys Cameron T. Norris, James P. McGlone and James Bopp, Jr., pro hac vice, are granted. A copy of Supreme Court Rule (SCR) 10.03(4), setting forth the requirements for attorneys appearing pro hac vice, is attached to the moving parties' copies of this order; and
IT IS FURTHER ORDERED that Honest Elections Project's motion for leave to file a non-party brief is granted. Twenty-two copies of the brief shall be filed on or before March 30, 2022. In light of the oral argument scheduled on April 13, 2022, requests for briefing extensions will be viewed with disfavor; and
IT IS FURTHER ORDERED that True the Votes motion for leave to file a non-party brief amicus curiae is granted and the accompanying brief is accepted for filing; and
IT IS FURTHER ORDERED that the Republican National Committee et al.s motion for leave to file a non-party brief amicus curiae is granted and the accompanying brief is accepted for filing; and
IT IS FURTHER ORDERED that the League of Wisconsin Municipalities motion for leave to file a non-party brief amicu
Comment: Honest Elections Project

OCCD
SC
03-21-2022
Reply Brief-Supreme Court
Reply Brief -Supreme Court (DSCC)
Filed By: Charles Curtis
Comment: DSCC Cover Letter to Reply Brief - Supreme Court (DSCC) (Rescanned for inclusion of Received stamp)

OCCD
SC
03-21-2022
Filed By: Scott Thompson
Comment: Appellants

OCCD
SC
03-18-2022
Letter/Correspondence
Comment: Cover letter to Ron Johnson MAM & Motion to Participate in Oral Argument

OCCD
SC
03-18-2022
Motion for Miscellaneous Relief
Filed By: James Troupis
Submit Date: 3-18-2022
Decision: (O) Other
Decision Date: 3-28-2022
IT IS ORDERED that Senator Ron Johnsons motion for leave to file a non-party brief amicus curiae is granted and the accompanying brief is accepted for filing; and
IT IS FURTHER ORDERED that Senator Ron Johnson's motion for oral argument time is denied. Amici are generally not granted oral argument time in addition to the argument time allotted to the parties, but amici are generally allowed to speak at oral argument if any party cedes time. Senator Johnson is directed to ask the parties if they would be willing to cede any oral argument time to him. Senator Johnson is further directed to inform the court by email to the clerk of this court at clerk@wicourts.gov, no later than 4:00 p.m. on April 4, 2022, whether the parties are or are not willing to cede any argument time; and
IT IS FURTHER ORDERED that the motions admitting Attorneys Cameron T. Norris, James P. McGlone and James Bopp, Jr., pro hac vice, are granted. A copy of Supreme Court Rule (SCR) 10.03(4), setting forth the requirements for attorneys appearing pro hac vice, is attached to the moving parties' copies of this order; and
IT IS FURTHER ORDERED that Honest Elections Project's motion for leave to file a non-party brief is granted. Twenty-two copies of the brief shall be filed on or before March 30, 2022. In light of the oral argument scheduled on April 13, 2022, requests for briefing extensions will be viewed with disfavor; and
IT IS FURTHER ORDERED that True the Votes motion for leave to file a non-party brief amicus curiae is granted and the accompanying brief is accepted for filing; and
IT IS FURTHER ORDERED that the Republican National Committee et al.s motion for leave to file a non-party brief amicus curiae is granted and the accompanying brief is accepted for filing; and
IT IS FURTHER ORDERED that the League of Wisconsin Municipalities motion for leave to file a non-party brief amicus c
Comment: Motion to Participate in Oral Argument

OCCD
SC
03-18-2022
Motion to File Amicus/Non-Party Brief
Filed By: Joseph Voiland
Submit Date: 3-18-2022
Decision: (O) Other
Decision Date: 3-28-2022
IT IS ORDERED that Senator Ron Johnsons motion for leave to file a non-party brief amicus curiae is granted and the accompanying brief is accepted for filing; and
IT IS FURTHER ORDERED that Senator Ron Johnson's motion for oral argument time is denied. Amici are generally not granted oral argument time in addition to the argument time allotted to the parties, but amici are generally allowed to speak at oral argument if any party cedes time. Senator Johnson is directed to ask the parties if they would be willing to cede any oral argument time to him. Senator Johnson is further directed to inform the court by email to the clerk of this court at clerk@wicourts.gov, no later than 4:00 p.m. on April 4, 2022, whether the parties are or are not willing to cede any argument time; and
IT IS FURTHER ORDERED that the motions admitting Attorneys Cameron T. Norris, James P. McGlone and James Bopp, Jr., pro hac vice, are granted. A copy of Supreme Court Rule (SCR) 10.03(4), setting forth the requirements for attorneys appearing pro hac vice, is attached to the moving parties' copies of this order; and
IT IS FURTHER ORDERED that Honest Elections Project's motion for leave to file a non-party brief is granted. Twenty-two copies of the brief shall be filed on or before March 30, 2022. In light of the oral argument scheduled on April 13, 2022, requests for briefing extensions will be viewed with disfavor; and
IT IS FURTHER ORDERED that True the Votes motion for leave to file a non-party brief amicus curiae is granted and the accompanying brief is accepted for filing; and
IT IS FURTHER ORDERED that the Republican National Committee et al.s motion for leave to file a non-party brief amicus curiae is granted and the accompanying brief is accepted for filing; and
IT IS FURTHER ORDERED that the League of Wisconsin Municipalities motion for leave to file a non-party brief amicus
Comment: Ron Johnson

OCCD
SC
03-09-2022
Response Brief-Supreme Court
Response Brief - Supreme Court
Filed By: Luke Berg

OCCD
SC
03-09-2022
Supplement to Record
Comment: ELECTRONICALLY FILED

OCCD
CA
02-25-2022
Record
Comment: 1-21 to 171-2 ELECTRONICALLY FILED

OCCD
SC
02-23-2022
Assigned-Oral Argument

OCCD
SC
02-18-2022
Other Papers
Comment: Amended 02-10-2022 Order, amended as to correct one word in concurrence, page 3

OCCD
SC
02-17-2022
Certificate of Filing by Mail
Comment: BR1 from WEC - 22 copies mailed on 2/17/2022

OCCD
SC
02-17-2022
Letter/Correspondence
Comment: Cover letter to Motion to Correct/Supplement Record

OCCD
SC
02-17-2022
Motion to Correct/Supplement Record
Filed By: Jeffrey Mandell
Submit Date: 2-17-2022
Decision: (O) Other
Decision Date: 3-3-2022
IT IS ORDERED that the motion to supplement the record is granted in part and denied in part. The motion is denied to the extent that it seeks to supplement the record with nine affidavits of municipal clerks. It is granted to the extent that it seeks to supplement the record with the February 16, 2022 memorandum issued by the Wisconsin Elections Commission; and
IT IS FURTHER ORDERED that because oral argument in this matter is scheduled on April 13, 2022, the parties are directed to comply with the existing briefing schedule. Requests for briefing extensions will be viewed with disfavor and all briefs are to be filed no later than March 30, 2022.
ANNETTE KINGSLAND ZIEGLER, C.J., PATIENCE DRAKE ROGGENSACK and REBECCA GRASSL BRADLEY, JJ., dissent as to the part of the order supplementing the record with the Wisconsin Elections Commission's February 16, 2022 memorandum.
Motion Response
Filed By: Luke Berg
Submit Date: 2-28-2022

OCCD
SC
02-17-2022
First Brief-Supreme Court
First Brief - Supreme Court (WEC)
Filed By: Steven Kilpatrick
Comment: WEC.

OCCD
SC
02-17-2022
First Brief-Supreme Court
First Brief - Supreme Court (DSCC)
Comment: DSCC

OCCD
SC
02-17-2022
Comment: Appellants. Separate appendix.

OCCD
CA
02-15-2022
Court Reporter's Statement-Trans.
Court Reporter Name: (Roderick, Rose)

OCCD
SC
02-08-2022
Motion for Miscellaneous Relief
Filed By: Jeffrey Mandell
Submit Date: 2-8-2022
Decision: (G) Grant
Decision Date: 2-10-2022
IT IS ORDERED that the intervenors-defendants-appellants' motion for leave to file a reply brief is granted and the reply brief submitted with the motion is accepted for filing; and
IT IS FURTHER ORDERED that the emergency motion to extend the stay filed by intervenors-defendants-appellants, Disability Rights Wisconsin, Wisconsin Faith Voices for Justice, and League of Women Voters of Wisconsin, and the motion to stay the circuit court's final order filed by the defendant-co-appellant, Wisconsin Elections Commission, both motions joined by intervenor-defendant-co-appellant, Democratic Senatorial Campaign Committee, are held in abeyance until further order of the court.
REBECCA GRASSL BRADLEY, J. (concurring). An oft-cited maxim in the law holds that like cases should be treated alike. Consistency ensures parties are not being treated unequally based on illegitimate considerations. Of course, upon further reflection a judge may realize her prior position was in error, and might offer an explanation as simple as: The matter does not appear to me now as it appears to have appeared to me then.1 When, however, a judge does not explainor even acknowledgea shift in perspective, her inconsistency creates an appearance of partiality.2
SEE ADDITIONAL TEXT IN ORDER

Comment: Motion for Leave to File Reply in Support of Expedited Motion to Extend Stay - Appellants 2/10/22 Court Order

OCCD
SC
02-08-2022
Letter/Correspondence
Comment: Cover Letter to Response to Motion to Stay Circuit Court's Final Order - WEC

OCCD
SC
02-07-2022
Letter/Correspondence
Comment: Cover Letter to Response to Expedited Motion to Extend Stay - Appellants

OCCD
SC
02-04-2022
Certificate of Service
Comment: Certificate of Service RE Motion to Stay Circuit Court's Final Order and Memorandum in Support - WEC

OCCD
SC
02-04-2022
Motion for Stay
Filed By: Steven Kilpatrick
Submit Date: 2-4-2022
Decision: (D) Deny
Decision Date: 2-11-2022
IT IS ORDERED that the motion of the intervenors-defendants-appellants, Disability Rights Wisconsin, Wisconsin Faith Voices for Justice, and League of Women Voters of Wisconsin, to extend the temporary stay ordered by the court of appeals, as joined by intervenor-defendant-co-appellant Democratic Senatorial Campaign Committee, is denied; and
IT IS FURTHER ORDERED that the motion of the defendants-co-appellants, Wisconsin Elections Commission, to extend the stay of the circuit courts final order in this matter through the conclusion of the April 5, 2022 election, or the conclusion of all appellate proceedings, as joined by intervenor-defendant-co-appellant Democratic Senatorial Campaign Committee, is also denied.

JUSTICE ANN WALSH BRADLEY wrote dissent.
JUSTICE REBECCA FRANK DALLET and JUSTICE JILL J. KAROFSKY joined dissent.
Motion Response
Filed By: Will Conley
Submit Date: 2-7-2022
Motion Response
Filed By: Luke Berg
Submit Date: 2-8-2022
Comment: Motion to Stay Circuit Court's Final Order - WEC Memorandum in Support of Motion to Stay Circuit Court's Final Order - WEC DSCC Joinder with Expedited Motion to Extend Stay - Appellants and Motion for Stay - WEC Response to Motion to Stay Circuit Court's Final Order - WEC; Motion held in abeyance pending further order per 2/10/22 Court Order

OCCD
SC
02-02-2022
Motion for Miscellaneous Relief
Filed By: Scott Thompson
Submit Date: 2-2-2022
Decision: (D) Deny
Decision Date: 2-11-2022
IT IS ORDERED that the motion of the intervenors-defendants-appellants, Disability Rights Wisconsin, Wisconsin Faith Voices for Justice, and League of Women Voters of Wisconsin, to extend the temporary stay ordered by the court of appeals, as joined by intervenor-defendant-co-appellant Democratic Senatorial Campaign Committee, is denied; and
IT IS FURTHER ORDERED that the motion of the defendants-co-appellants, Wisconsin Elections Commission, to extend the stay of the circuit courts final order in this matter through the conclusion of the April 5, 2022 election, or the conclusion of all appellate proceedings, as joined by intervenor-defendant-co-appellant Democratic Senatorial Campaign Committee, is also denied.

JUSTICE ANN WALSH BRADLEY wrote dissent.
JUSTICE REBECCA FRANK DALLET and JUSTICE JILL J. KAROFSKY joined dissent.
Motion Response
Filed By: Jeffrey Mandell
Submit Date: 2-2-2022
Motion Response
Filed By: Luke Berg
Submit Date: 2-7-2022
Motion Response
Filed By: Jeffrey Mandell
Submit Date: 2-10-2022
Comment: Appellants' Expedited Motion to Extend Stay, and Brief in Support; **Response due no later than 12:00pm on February 7, 2022 Response to Expedited Motion to Extend Stay - Appellants; Motion held in abeyance pending further order per 2/10/22 Court Order Court Order

OCCD
SC
02-02-2022
Motion for Clarification
Filed By: Jeffrey Mandell
Submit Date: 2-2-2022
Decision: (G) Grant
Decision Date: 2-3-2022
IT IS ORDERED that the request for clarification is granted, ex parte, and the terms of the briefing schedule are modified as follows: No later than February 17, 2022, the defendants-appellants must each file a brief in this court, join a brief filed by another defendant-appellant, or file a statement that no brief will be filed; no later than March 9, 2022, the plaintiffs-respondents must file a response brief; and no later than March 21, 2022, the defendants-appellants must each file a reply brief, join a reply brief filed by another defendant-appellant, or file a statement that no
reply brief will be filed;
IT IS FURTHER ORDERED that the plaintiffs-respondents are directed to file a response to the emergency motion to extend the stay, no later than 12:00 p.m. on February 7, 2022; and
IT IS FURTHER ORDERED that the emergency motion to extend the stay is held in abeyance until further order of this court.
Comment: 02-03-2022 Order

OCCD
CA
01-28-2022
Transcript filed in Circuit Court

OCCD
SC
01-28-2022
Court Changed to Supreme Court

OCCD
CA
01-28-2022
Sua Sponte
Filed By: Steven Kilpatrick
Submit Date: 1-28-2022
Decision: (N) No Action
Decision Date: 1-31-2022
No action.
Motion Response
Filed By: Scott Thompson
Submit Date: 1-28-2022
Motion Response
Filed By: Luke Berg
Submit Date: 1-28-2022
Motion Response
Filed By: Will Conley
Submit Date: 1-28-2022
Comment: Letters RE Scheduling Issues

OCCD
CA
01-28-2022
Response
Comment: All filings to SC Clerk email must have 1 original and 10 paper copies to the clerk's office on 01-28-2022 by 12 noon (see 01-26-2022 Order); original copy must bear wet signature

OCCD
CA
01-28-2022
Response
Comment: Parties shall address by letter the scheduling issues discussed in 01-25-2022 Order

OCCD
SC
01-27-2022
Letter/Correspondence
Comment: WEC Letter as to 2022 Statewide Elections

OCCD
SC
01-27-2022
Certificate of Filing by Mail
Comment: WEC Certificate of Filing by Mail

OCCD
SC
01-27-2022
Letter/Correspondence
Comment: Appellants Letter as to 2022 Statewide Elections

OCCD
SC
01-27-2022
Letter/Correspondence
Comment: DSCC Letter as to 2022 Statewide Elections

OCCD
SC
01-27-2022
Letter/Correspondence
Comment: Respondents Letter as to 2022 Statewide Elections

OCCD
SC
01-27-2022
Response
Comment: All parties are directed to file a letter not to exceed five pages in length, setting forth as to each of the 2022 statewide elections, due no later than 5:00 p.m. on January 27, 2022; All filings shall be filed as an attachment in .pdf format to an email addressed to clerk@wicourts.gov (see 01-26-2022 Order)

OCCD
SC
01-27-2022
Response
Comment: Responses to Motion to Vacate Stay and Petiton to Bypass due no later than 5:00 p.m. on January 27, 2022; All filings shall be filed as an attachment in .pdf format to an email addressed to clerk@wicourts.gov (see 01-26-2022 Order)

OCCD
SC
01-27-2022
Response
Comment: no later than 5:00 p.m. on January 27, 2022, all parties are directed to file a letter not to exceed five pages in length, setting forth as to each of the 2022 statewide elections: (See 1/26/22 order for details)

OCCD
SC
01-26-2022
Court Order
IT IS ORDERED the respondents are each directed to file a response to the emergency motion to vacate stay and emergency petition to bypass no later than 5:00 p.m. on January 27, 2022;
IT IS FURTHER ORDERED that no later than 5:00 p.m. on January 27, 2022, all parties are directed to file a letter not to exceed five pages in length, setting forth as to each of the 2022 statewide elections: (1) the earliest date by which each county clerk may deliver ballots to all the municipal clerks in his or her county, and the date by which each county clerk must deliver ballots to all the municipal clerks in his or her county; and (2) the earliest date by which the municipal clerks may deliver absentee ballots to electors, and to military and overseas electors who have requested them, and the date by which the municipal clerks must deliver absentee ballots to electors, and to military and overseas electors who have requested them; and
IT IS FURTHER ORDERED that we direct the parties to comply with the court of appeals January 25, 2022 order directing them to file letters in the court of appeals addressing scheduling issues; and
IT IS FURTHER ORDERED that all filings in this matter shall be filed as an attachment in .pdf format to an email addressed to clerk@wicourts.gov. See Wis. Stat. 809.70, 809.80 and 809.81. A paper original and 10 copies of each filed document must be received by the clerk of this court by 12:00 noon of the business day following submission by email, with the document bearing the following notation on the top of the first page: "This document was previously filed via email."
Comment: Court Order - January 26, 2022

OCCD
SC
01-26-2022
Letter/Correspondence
Comment: Cover Letter to 1-26-22 SC documents - UNSIGNED

OCCD
CA
01-26-2022
Fee Paid
Comment: Receipt No: 22R 000213; Petition to Bypass Filing Fee

OCCD
SC
01-26-2022
Filed By: Luke Berg
Submit Date: 1-26-2022
Decision: (G) Grant
Decision Date: 1-28-2022
IT IS ORDERED that the petition to bypass the court of appeals is granted, and the appeal is accepted for consideration in this court;
IT IS FURTHER ORDERED that, within 20 days of the date of this order, the plaintiffs-respondents-petitioners must file a brief in this court; within 20 days of filing, defendants-appellants must file a response brief; and within 10 days of filing of the response brief, the plaintiffs-respondents-petitioners must file either a reply brief or a statement that no reply brief will be filed;
IT IS FURTHER ORDERED that the parties will be notified of the date and time for oral argument in this appeal in due course; and
IT IS FURTHER ORDERED that the emergency motion to vacate the stay ordered by the court of appeals is denied.

BRIAN HAGEDORN, J. concurred.
REBECCA GRASSL BRADLEY, J. concurred in part, dissented in part. Chief Justice ANNETTE KINGSLAND ZIEGLER and Justice PATIENCE DRAKE ROGGENSACK join this concurrence/dissent.
Motion Response
Filed By: Jeffrey Mandell
Submit Date: 1-27-2022
Motion Response
Filed By: Jeffrey Mandell
Submit Date: 1-27-2022
Motion Response
Filed By: Steven Kilpatrick
Submit Date: 1-27-2022
Motion Response
Filed By: 29318 ((Umberger) Kemp, Michelle)
Submit Date: 1-27-2022
Motion Response
Filed By: Steven Kilpatrick
Submit Date: 1-27-2022
Motion Response
Filed By: Steven Kilpatrick
Submit Date: 1-27-2022
Comment: Response to Petition for Bypass due by 2/09/2022 Petition to Bypass WEC Combined Response to Motion to Vacate Stay and Petition to Bypass; WEC Affidavits of Kilpatrick (with exhibits) and Wolfe; DSCC Combined Response to Motion to Vacate Stay and Petition to Bypass

OCCD
SC
01-26-2022
Motion for Miscellaneous Relief
Filed By: Luke Berg
Submit Date: 1-26-2022
Decision: (D) Deny
Decision Date: 1-28-2022
IT IS ORDERED that the petition to bypass the court of appeals is granted, and the appeal is accepted for consideration in this court;
IT IS FURTHER ORDERED that, within 20 days of the date of this order, the plaintiffs-respondents-petitioners must file a brief in this court; within 20 days of filing, defendants-appellants must file a response brief; and within 10 days of filing of the response brief, the plaintiffs-respondents-petitioners must file either a reply brief or a statement that no reply brief will be filed;
IT IS FURTHER ORDERED that the parties will be notified of the date and time for oral argument in this appeal in due course; and
IT IS FURTHER ORDERED that the emergency motion to vacate the stay ordered by the court of appeals is denied.

BRIAN HAGEDORN, J. concurred.
REBECCA GRASSL BRADLEY, J. concurred in part, dissented in part. Chief Justice ANNETTE KINGSLAND ZIEGLER and Justice PATIENCE DRAKE ROGGENSACK join this concurrence/dissent.
Motion Response
Filed By: Jeffrey Mandell
Submit Date: 1-27-2022
Motion Response
Filed By: Steven Kilpatrick
Submit Date: 1-27-2022
Motion Response
Filed By: 29318 ((Umberger) Kemp, Michelle)
Submit Date: 1-27-2022
Comment: Emergency Motion to Vacate Stay; WEC Combined Response to Emergency Motion and Petition to Bypass; DSCC Response to Emergency Motion and Petition to Bypass

OCCD
CA
01-26-2022
Caption Amended
Comment: Election -> Elections

OCCD
CA
01-26-2022
Letter/Correspondence
Comment: Letter to Court re Request to Amend Caption

OCCD
CA
01-26-2022
Statement on Transcript
Filed By: Will Conley
Status: Ordered
Comment: DSCC

OCCD
CA
01-25-2022
Notice of Appearance
Comment: Attorney Elisabeth C. Frost for DSCC

OCCD
CA
01-25-2022
Caption Amended

OCCD
CA
01-25-2022
Letter/Correspondence
Comment: Letter of DSCC Regarding Caption

OCCD
CA
01-24-2022
Other Papers
Comment: Letter and Circuit Court Order Regarding Admission Pro Hac Vice of Atty. Devaney

OCCD
CA
01-24-2022
Fee Paid
Comment: Invoice No: 20153; Receipt No: 22R 000190

OCCD
CA
01-24-2022
Notice of Appearance
Comment: Jeffrey Mandell as co-counsel for Appellants

OCCD
CA
01-24-2022
Court Order for Filing Fee Issued
Comment: DSCC - Co-Appellant

OCCD
CA
01-24-2022
Invoice Issued
Comment: Invoice No: 20153

OCCD
CA
01-24-2022
Notif. Sent - Filing of NOP & Ct. Rec.
Comment: Co-

OCCD
CA
01-24-2022
Notice of Addtl/Amended (Other) Appeal
Comment: Co-

OCCD
CA
01-24-2022
Other Papers
Comment: Copy of Circuit Court Docket (as of 1/24/22)

OCCD
CA
01-24-2022
Docketing Statement from Appellant
Comment: DSCC

OCCD
CA
01-24-2022
Other Appeal Filed In Circuit Court
Comment: Co-

OCCD
CA
01-24-2022
Response
Comment: Replies to Responses due by 9 am.

OCCD
CA
01-23-2022
Motion for Relief
Filed By: Charles Curtis
Submit Date: 1-23-2022
Decision: (G) Grant
Decision Date: 1-24-2022
IT IS ORDERED that the motions for relief pending appeal are granted. The circuit courts order is stayed through February 15, 2022.
Comment: Motion for Relief Pending Appeal (Motion was efiled on 1/23/2022)

OCCD
CA
01-23-2022
Court Order
IT IS ORDERED that any replies in support of the motions for relief pending appeal shall be filed by 9:00 a.m. on Monday, January 24, 2022.

OCCD
CA
01-23-2022
Response
Comment: Due by 7 pm per 1/22/22 order

OCCD
CA
01-22-2022
Court Order
IT IS ORDERED that, for January 21 through January 23, 2022, the clerk of this court shall accept for filing all material that is filed in this appeal through the electronic filing system outside of normal business hours.
IT IS FURTHER ORDERED that any response to the motions for relief pending shall be filed by 7:00 p.m., on Sunday, January 23, 2022.

OCCD
CA
01-21-2022
Notice of Appearance
Comment: Attorney Doug Poland for Appellants

OCCD
CA
01-21-2022
Motion for Stay
Filed By: Douglas Poland
Submit Date: 1-22-2022
Decision: (G) Grant
Decision Date: 1-24-2022
IT IS ORDERED that the motions for relief pending appeal are granted. The circuit courts order is stayed through February 15, 2022.
Motion Response
Filed By: Luke Berg
Submit Date: 1-23-2022
Motion Response
Filed By: Scott Thompson
Submit Date: 1-24-2022
Comment: Appellants Motion with Exhibits 1, 2 and 3

OCCD
CA
01-21-2022
Motion for Stay
Filed By: Steven Kilpatrick
Submit Date: 1-22-2022
Decision: (G) Grant
Decision Date: 1-24-2022
IT IS ORDERED that the motions for relief pending appeal are granted. The circuit courts order is stayed through February 15, 2022.
Motion Response
Filed By: Luke Berg
Submit Date: 1-23-2022
Motion Response
Filed By: Steven Kilpatrick
Submit Date: 1-24-2022
Motion Response
Filed By: Steven Kilpatrick
Submit Date: 1-24-2022
Comment: WEC and Kilpatrick Affidavit

OCCD
CA
01-21-2022
Notif. Sent - Filing of NOP & Ct. Rec.
Comment: Co-

OCCD
CA
01-21-2022
Fee Waived
Comment: WEC; State filed co-appeal

OCCD
CA
01-21-2022
Other Papers
Comment: Copy of Circuit Court Docket

OCCD
CA
01-21-2022
Other Papers
Comment: Copy of Circuit Court Order

OCCD
CA
01-21-2022
Other Papers
Comment: Statement on Transcript - Incomplete; If requesting transcripts, court reporter information and signature must be on Statement on Transcript before filing with the circuit court

OCCD
CA
01-21-2022
Docketing Statement from Appellant
Comment: WEC

OCCD
CA
01-21-2022
Notice of Addtl/Amended (Other) Appeal
Comment: Co-

OCCD
CA
01-21-2022
Fee Paid
Comment: Invoice No: 20148; Receipt No: 22R 000177

OCCD
CA
01-21-2022
Invoice Issued
Comment: Invoice No: 20148

OCCD
CA
01-20-2022
Other Appeal Filed In Circuit Court
Comment: Co-

OCCD
CA
01-20-2022
Sua Sponte
Filed By: Unassigned District 4
Submit Date: 1-20-2022
Decision: (O) Other
Decision Date: 1-25-2022
IT IS ORDERED that this appeal will not proceed under the expedited appeals program.
IT IS FURTHER ORDERED that by January 28, 2022, the parties shall address by letter the scheduling issues discussed above.
Motion Response
Filed By: Unassigned District 4
Submit Date: 1-21-2022
Motion Response
Filed By: Unassigned District 4
Submit Date: 1-24-2022
Comment: Docketing Statements

OCCD
CA
01-20-2022
Notice of Docketing of Appeal

OCCD
CA
01-20-2022
Court Order for Filing Fee Issued

OCCD
CA
01-20-2022
Transfer to District IV

OCCD
CA
01-20-2022
Transfer District Designation

OCCD
CA
01-20-2022
Notice of Appeal filed in Cir. Ct.

OCCD
CA
01-20-2022
Notice of Appeal & Circuit Court Docket Entries

OCCD
CA
01-20-2022
Docketing Statement from Appellant

OCCD
CA
01-19-2022
Order of Circuit Court