Rebecca Clarke v. Wisconsin Elections Commission
Appeal Number 2023AP001399 - OA
Supreme Court
CASE HISTORY
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Status
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Court
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Filing Date
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Anticipated Due Date
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Activity
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PEND
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SC
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09-18-2023
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Response
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Comment: to J. Protasiewicz 9/5/23 CTO regarding recusal
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RECV
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SC
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08-22-2023
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Motion for Miscellaneous Relief
Democratic Senator Respondent's Supp. Response to Motion to Recuse J. Protasiewicz Wis Legislature and Republican Senator Respondent's Supp. Memo in Support of Motion to Recuse to J. Protasiewicz Petitioners' Supplemental Response to Motion to Recuse Petitioners' Response to Motion to Recuse Petitioners' Appendix to Response to Motion to Recuse Democratic Senator Respondents' Response to Motion to Recuse Statement of No Response of Wisconsin Elections Commission and Its Commissioners and Administrator Wis Legislature and Republican Senator Respondents' Motion to Recuse to J. Protasiewicz Wis Legislature and Republican Senator Respondents' Memo in Support of Motion to Recuse to J. Protasiewicz Wis Legislature and Republican Senator Respondents' Appendix in Support of Motion to Recuse to J. Protasiewicz |
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Filed By: Jessie Augustyn
Submit Date: 8-24-2023 Motion Response Filed By: Steven Kilpatrick Submit Date: 8-28-2023 Motion Response Filed By: Tamara Packard Submit Date: 8-29-2023 Motion Response Filed By: Daniel Lenz Submit Date: 8-30-2023 Motion Response Filed By: Tamara Packard Submit Date: 9-18-2023 Motion Response Filed By: Jessie Augustyn Submit Date: 9-18-2023 Motion Response Filed By: Daniel Lenz Submit Date: 9-18-2023 Comment: Wis Legislature and Republican Senator Respondents' Motion to Recuse to J. Protasiewicz with Supporting Memo and Appendix |
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RECV
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SC
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08-22-2023
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Motion to File Amicus/Non-Party Brief
Professor Fried's Motion to File Amicus Brief re Petition for Original Action |
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Filed By: Daniel Schneider
Submit Date: 8-24-2023 Comment: Professor Fried's Motion to File Amicus Brief re Petition for Original Action |
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RECV
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SC
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08-22-2023
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Filed By: (St. John, Kevin)
Submit Date: 8-24-2023 Motion Response Filed By: Daniel Lenz Submit Date: 9-6-2023 Comment: Wisconsin Legislature's Motion to Intervene with Supporting Memo |
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RECV
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SC
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08-22-2023
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Motion to File Amicus/Non-Party Brief
Wisconsin Legislature's Motion to File Amicus Brief re Petition for Original Action |
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Filed By: (St. John, Kevin)
Submit Date: 8-24-2023 Comment: Wisconsin Legislature's Motion to File Amicus Brief re Petition for Original Action |
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RECV
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SC
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08-02-2023
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Filed By: Daniel Lenz
Submit Date: 8-17-2023 Motion Response Filed By: Tamara Packard Submit Date: 8-17-2023 Comment: Motion for Scheduling Order |
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RECV
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SC
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08-02-2023
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Petition for an Original Action
Response of Wisconsin Elections Commission, Its Commissioners, and Administrator to Petition for Original Action Response of Republican Senators in Opposition to Petition for Original Action Response of Democratic Senators In Support of Petition for Original Action Petition to the Supreme Court of Wisconsin to Take Jurisdiction of an Original Action Petitioners' Memorandum of Law Letter to Clerk re: Filing of Petition Appendix to Petition for an Original Action Acknowledgement of Filing of Writ/Petition Amended Acknowledgement of Filing of Writ/Petition |
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Filed By: Daniel Lenz
Submit Date: 8-4-2023 Motion Response Filed By: Steven Kilpatrick Submit Date: 8-22-2023 Motion Response Filed By: Jessie Augustyn Submit Date: 8-22-2023 Motion Response Filed By: Tamara Packard Submit Date: 8-22-2023 Comment: Appendix to Petition for an Original Action |
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OCCD
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SC
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09-21-2023
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Letter/Correspondence
J. Protasiewicz Letter to Counsel re Communications with Legislators |
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Comment: J. Protasiewicz Letter to Counsel re Communications with Legislators
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OCCD
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SC
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09-13-2023
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Motion for Pro Hac Vice status
Pro Hac Vice Motion - Gonzalez-Araiza Attachment to Pro Hac Vice Motion - Gonzalez-Araiza |
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Filed By: Jessie Augustyn
Submit Date: 9-13-2023 Decision: (G) Grant Decision Date: 9-18-2023 IT IS ORDERED that the motions are granted. A copy of SCR 10.03(4), setting forth the requirements for attorneys appearing pro hac vice, can be found at the following link: https://www.wicourts.gov/sc/rules/chap10.pdf. A copy of SCR 10.03(4) is also attached to the new admitted pro hac vice attorneys' orders. Comment: Pro Hac Vice Motion for Attorney Gonzalez-Araiza |
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OCCD
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SC
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09-13-2023
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Motion for Pro Hac Vice status
Pro Hac Vice Motion - Grammel Attachment to Pro Hac Vice Motion - Grammel |
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Filed By: Jessie Augustyn
Submit Date: 9-13-2023 Decision: (G) Grant Decision Date: 9-18-2023 IT IS ORDERED that the motions are granted. A copy of SCR 10.03(4), setting forth the requirements for attorneys appearing pro hac vice, can be found at the following link: https://www.wicourts.gov/sc/rules/chap10.pdf. A copy of SCR 10.03(4) is also attached to the new admitted pro hac vice attorneys' orders. Comment: Pro Hac Vice Motion for Attorney Grammel |
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OCCD
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SC
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09-13-2023
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Motion for Pro Hac Vice status
Pro Hac Vice Motion - Frederick Attachment to Pro Hac Vice Motion - Frederick |
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Filed By: Jessie Augustyn
Submit Date: 9-13-2023 Decision: (G) Grant Decision Date: 9-18-2023 IT IS ORDERED that the motions are granted. A copy of SCR 10.03(4), setting forth the requirements for attorneys appearing pro hac vice, can be found at the following link: https://www.wicourts.gov/sc/rules/chap10.pdf. A copy of SCR 10.03(4) is also attached to the new admitted pro hac vice attorneys' orders. Comment: Pro Hac Vice Motion for Attorney Frederick |
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OCCD
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SC
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09-13-2023
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Motion for Pro Hac Vice status
Pro Hac Vice Motion - Keller Attachment to Pro Hac Vice Motion - Keller |
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Filed By: Jessie Augustyn
Submit Date: 9-13-2023 Decision: (G) Grant Decision Date: 9-18-2023 IT IS ORDERED that the motions are granted. A copy of SCR 10.03(4), setting forth the requirements for attorneys appearing pro hac vice, can be found at the following link: https://www.wicourts.gov/sc/rules/chap10.pdf. A copy of SCR 10.03(4) is also attached to the new admitted pro hac vice attorneys' orders. Comment: Pro Hac Vice Motion for Attorney Keller |
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OCCD
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SC
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09-11-2023
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Notice of Appearance
Notice of Appearance - Theodore (Petitioners) |
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Comment: Theodore (Petitioners)
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OCCD
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SC
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09-08-2023
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Motion for Pro Hac Vice status
Pro Hac Vice Motion - Meehan Attachment to Pro Hac Vice Motion - Meehan |
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Filed By: (St. John, Kevin)
Submit Date: 9-11-2023 Decision: (G) Grant Decision Date: 9-18-2023 IT IS ORDERED that the motions are granted. A copy of SCR 10.03(4), setting forth the requirements for attorneys appearing pro hac vice, can be found at the following link: https://www.wicourts.gov/sc/rules/chap10.pdf. A copy of SCR 10.03(4) is also attached to the new admitted pro hac vice attorneys' orders. Comment: Pro Hac Vice Motion for Attorney Meehan |
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OCCD
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SC
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09-08-2023
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Motion for Pro Hac Vice status
Pro Hac Vice Motion - Tucker Attachment to Pro Hac Vice Motion - Tucker |
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Filed By: (St. John, Kevin)
Submit Date: 9-11-2023 Decision: (G) Grant Decision Date: 9-18-2023 IT IS ORDERED that the motions are granted. A copy of SCR 10.03(4), setting forth the requirements for attorneys appearing pro hac vice, can be found at the following link: https://www.wicourts.gov/sc/rules/chap10.pdf. A copy of SCR 10.03(4) is also attached to the new admitted pro hac vice attorneys' orders. Comment: Pro Hac Vice Motion for Attorney Tucker |
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OCCD
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SC
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09-08-2023
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Filed By: (St. John, Kevin)
Submit Date: 9-11-2023 Decision: (G) Grant Decision Date: 9-18-2023 IT IS ORDERED that the motions are granted. A copy of SCR 10.03(4), setting forth the requirements for attorneys appearing pro hac vice, can be found at the following link: https://www.wicourts.gov/sc/rules/chap10.pdf. A copy of SCR 10.03(4) is also attached to the new admitted pro hac vice attorneys' orders. |
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OCCD
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SC
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09-05-2023
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IT IS ORDERED that on or before September 18, 2023, the parties and proposed intervenor
to this action shall file supplemental briefs addressing how the attached complaint and decision affect their positions on the pending recusal motion or a statement that no supplemental brief will be filed. IT IS FURTHER ORDERED that supplemental briefs shall not exceed 1,000 words. Comment: 09-05-23 Order of J. Protasiewicz re Supplemental Responses to Motion for Recusal |
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OCCD
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SC
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08-29-2023
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Response
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Comment: Any party to this action may file a written response regarding J. Protasiewicz participation (See 8/23/2023 CTO)
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OCCD
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SC
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08-25-2023
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Notice of Appearance
Notice of Appearance - Johnson (Petitioners) |
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Comment: Johnson (Petitioners)
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OCCD
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SC
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08-25-2023
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Notice of Appearance
Notice of Appearance - Freedman (Petitioners) |
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Comment: Freedman (Petitioners)
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OCCD
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SC
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08-23-2023
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IT IS ORDERED that on or before August 29, 2023, the other parties to this action shall file responses to the recusal motion or a statement that no response will be filed.
Comment: Order of J. Protasiewicz Re Responses to Motion for Recusal |
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OCCD
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SC
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08-23-2023
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Notice of Appearance
Notice of Appearance - Stephanopolous (Petitioners) |
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Comment: Stephanopoulos (Petitioners)
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OCCD
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SC
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08-22-2023
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Notice of Appearance
Notice of Appearance - Harless (Petitioners) |
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Comment: Harless (Petitioners)
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OCCD
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SC
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08-22-2023
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Notice of Appearance
Notice of Appearance - Ferguson (Petitioners) |
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Comment: Ferguson (Petitioners)
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OCCD
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SC
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08-22-2023
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Notice of Appearance
Notice of Appearance - Phillips (Petitioners) |
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Comment: Phillips (Petitioners)
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OCCD
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SC
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08-22-2023
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Response
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Comment: Non Party Briefs < 20 pages/4400 words by 4 pm (see 8/15/23 cto)
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OCCD
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SC
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08-22-2023
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Response
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Comment: Responses, as ordered 8/15/23, due by 4 pm
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OCCD
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SC
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08-21-2023
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Comment: Augustyn (Respondent Senators LeMahieu, Jacque, Hutton, Nass, Jagler, Marklein, Cabral-Guevara, Wanggaard, James, Quinn, Tomczyk, Kapenga)
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OCCD
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SC
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08-16-2023
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Filed By: Douglas Poland
Submit Date: 8-16-2023 Decision: (G) Grant Decision Date: 8-22-2023 IT IS ORDERED that the motions are granted. A copy of SCR 10.03(4), setting forth the requirements for attorneys appearing pro hac vice, can be found at the following link: https://www.wicourts.gov/sc/rules/chap10.pdf. A copy of SCR 10.03(4) is also attached to the newly admitted pro hac vice attorneys' orders; and IT IS FURTHER ORDERED that, within five days of the date of this order, Attorneys Ferguson, Harless, Phillips, Stephanopoulos, Freedman, Johnson, and Theodore shall register for access to the Wisconsin appellate court electronic filing system and shall opt in as attorneys on this case. Wis. Stat. (Rule) 809.801(3). |
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OCCD
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SC
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08-16-2023
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Notice of Appearance
Notice of Appearance - Gibson (Respondents) |
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Comment: AAG Gibson joins Respondents counsel
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OCCD
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SC
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08-16-2023
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Notice of Appearance
Notice of Appearance - Keckhaver (Respondents) |
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Comment: AAG Keckhaver joining Respondents counsel
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OCCD
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SC
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08-16-2023
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Notice of Appearance
Notice of Appearance - Bellavia (Respondents) |
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Comment: Attorney Steven C. Kilpatrick for Respondents (replaced Sutherlin)
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OCCD
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SC
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08-16-2023
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Notice of Appearance
Notice of Appearance - Kilpatrick (Respondents) |
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Comment: AAG Bellavia joins Respondents counsel
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OCCD
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SC
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08-15-2023
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Court Order
08-15-2023 Court Order |
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IT IS ORDERED that respondents, Wisconsin Elections Commission, et al., shall file one or more responses to the petition by 4:00 p.m. on August 22, 2023; and
IT IS FURTHER ORDERED that any non-party that wishes to file a non-party brief amicus curiae in support of or in opposition to the petition must file a motion for leave of the court to file a non-party brief pursuant to the requirements of Wis. Stat. (Rule) 809.19(7). Non-parties should also consult this courts Internal Operating Procedure concerning the nature of non-parties who may be granted leave to file a non-party brief. A proposed non-party brief must accompany the motion for leave to file it. Any proposed non-party brief shall not exceed 20 pages if a monospaced font is used or 4,400 words if a proportional serif font is used. Any motion for leave with the proposed non-party brief attached shall be filed no later than 4:00 p.m. on August 22, 2023. Any submission by a non-party that does not comply with Wis. Stat. (Rule) 809.19(7) and any proposed non-party brief for which this court does not grant leave will not be considered by the court; and IT IS FURTHER ORDERED that all Wisconsin attorneys participating in this case must each opt in to this case in the appellate court electronic filing system. All Wisconsin attorneys who are not already opted in for this case are hereby ordered to do so as soon as possible and no later than August 21, 2023. BRIAN HAGEDORN, J. (concurring) REBECCA GRASSL BRADLEY, J. (dissenting) |
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OCCD
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SC
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08-14-2023
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Comment: Packard (Respondent Senators Carpenter, Hesselbein, Larson, Smith and Spreitzer)
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OCCD
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SC
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08-14-2023
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Comment: Castro (Respondent Senators Carpenter, Hesselbein, Larson, Smith and Spreitzer)
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OCCD
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SC
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08-14-2023
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Proof of Service
Admissions of Service on Respondents |
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Comment: Admissions of service of petition and supporting documents on respondents
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OCCD
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SC
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08-10-2023
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Filed By: Douglas Poland
Submit Date: 8-10-2023 Decision: (G) Grant Decision Date: 8-22-2023 IT IS ORDERED that the motions are granted. A copy of SCR 10.03(4), setting forth the requirements for attorneys appearing pro hac vice, can be found at the following link: https://www.wicourts.gov/sc/rules/chap10.pdf. A copy of SCR 10.03(4) is also attached to the newly admitted pro hac vice attorneys' orders; and IT IS FURTHER ORDERED that, within five days of the date of this order, Attorneys Ferguson, Harless, Phillips, Stephanopoulos, Freedman, Johnson, and Theodore shall register for access to the Wisconsin appellate court electronic filing system and shall opt in as attorneys on this case. Wis. Stat. (Rule) 809.801(3). Comment: Pro Hac Vice Motion for Attorney Johnson, Affidavits in Support filed by Attorneys Poland and Johnson |
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OCCD
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SC
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08-08-2023
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Filed By: Douglas Poland
Submit Date: 8-8-2023 Decision: (G) Grant Decision Date: 8-22-2023 IT IS ORDERED that the motions are granted. A copy of SCR 10.03(4), setting forth the requirements for attorneys appearing pro hac vice, can be found at the following link: https://www.wicourts.gov/sc/rules/chap10.pdf. A copy of SCR 10.03(4) is also attached to the newly admitted pro hac vice attorneys' orders; and IT IS FURTHER ORDERED that, within five days of the date of this order, Attorneys Ferguson, Harless, Phillips, Stephanopoulos, Freedman, Johnson, and Theodore shall register for access to the Wisconsin appellate court electronic filing system and shall opt in as attorneys on this case. Wis. Stat. (Rule) 809.801(3). Comment: Pro Hac Vice Motion for Attorney Ferguson, Affidavits in Support filed by Attorneys Poland and Ferguson |
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OCCD
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SC
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08-08-2023
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Filed By: Douglas Poland
Submit Date: 8-8-2023 Decision: (G) Grant Decision Date: 8-22-2023 IT IS ORDERED that the motions are granted. A copy of SCR 10.03(4), setting forth the requirements for attorneys appearing pro hac vice, can be found at the following link: https://www.wicourts.gov/sc/rules/chap10.pdf. A copy of SCR 10.03(4) is also attached to the newly admitted pro hac vice attorneys' orders; and IT IS FURTHER ORDERED that, within five days of the date of this order, Attorneys Ferguson, Harless, Phillips, Stephanopoulos, Freedman, Johnson, and Theodore shall register for access to the Wisconsin appellate court electronic filing system and shall opt in as attorneys on this case. Wis. Stat. (Rule) 809.801(3). Comment: Pro Hac Vice Motion for Attorney Stephanopoulos, Affidavits in Support filed by Attorneys Poland and Stephanopoulos |
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OCCD
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SC
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08-08-2023
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Filed By: Douglas Poland
Submit Date: 8-8-2023 Decision: (G) Grant Decision Date: 8-22-2023 IT IS ORDERED that the motions are granted. A copy of SCR 10.03(4), setting forth the requirements for attorneys appearing pro hac vice, can be found at the following link: https://www.wicourts.gov/sc/rules/chap10.pdf. A copy of SCR 10.03(4) is also attached to the newly admitted pro hac vice attorneys' orders; and IT IS FURTHER ORDERED that, within five days of the date of this order, Attorneys Ferguson, Harless, Phillips, Stephanopoulos, Freedman, Johnson, and Theodore shall register for access to the Wisconsin appellate court electronic filing system and shall opt in as attorneys on this case. Wis. Stat. (Rule) 809.801(3). Comment: Pro Hac Vice Motion for Attorney Freedman, Affidavits in Support filed by Attorneys Poland and Freedman |
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OCCD
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SC
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08-08-2023
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Filed By: Douglas Poland
Submit Date: 8-8-2023 Decision: (G) Grant Decision Date: 8-22-2023 IT IS ORDERED that the motions are granted. A copy of SCR 10.03(4), setting forth the requirements for attorneys appearing pro hac vice, can be found at the following link: https://www.wicourts.gov/sc/rules/chap10.pdf. A copy of SCR 10.03(4) is also attached to the newly admitted pro hac vice attorneys' orders; and IT IS FURTHER ORDERED that, within five days of the date of this order, Attorneys Ferguson, Harless, Phillips, Stephanopoulos, Freedman, Johnson, and Theodore shall register for access to the Wisconsin appellate court electronic filing system and shall opt in as attorneys on this case. Wis. Stat. (Rule) 809.801(3). Comment: Pro Hac Vice Motion for Attorney Phillips, Affidavits in Support filed by Attorneys Poland and Phillips |
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OCCD
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SC
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08-08-2023
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Filed By: Douglas Poland
Submit Date: 8-8-2023 Decision: (G) Grant Decision Date: 8-22-2023 IT IS ORDERED that the motions are granted. A copy of SCR 10.03(4), setting forth the requirements for attorneys appearing pro hac vice, can be found at the following link: https://www.wicourts.gov/sc/rules/chap10.pdf. A copy of SCR 10.03(4) is also attached to the newly admitted pro hac vice attorneys' orders; and IT IS FURTHER ORDERED that, within five days of the date of this order, Attorneys Ferguson, Harless, Phillips, Stephanopoulos, Freedman, Johnson, and Theodore shall register for access to the Wisconsin appellate court electronic filing system and shall opt in as attorneys on this case. Wis. Stat. (Rule) 809.801(3). Comment: Pro Hac Vice Motion for Attorney Harless, Affidavits in Support filed by Attorneys Poland and Harless |
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OCCD
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SC
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08-08-2023
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Notice of Appearance
Notice of Appearance - Gaber (Petitioners) |
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Comment: Gaber (Petitioners)
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OCCD
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SC
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08-07-2023
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Filed By: Douglas Poland
Submit Date: 8-7-2023 Decision: (G) Grant Decision Date: 8-8-2023 IT IS ORDERED that the motions are granted. A copy of SCR 10.03(4), setting forth the requirements for attorneys appearing pro hac vice, can be found at the following link: https://www.wicourts.gov/sc/rules/chap10.pdf. A copy of SCR 10.03(4) is also attached to the pro hac vice attorneys' orders; and IT IS FURTHER ORDERED that, within five days of the date of this order, Attorneys Gaber and Greenwood shall register for access to the Wisconsin appellate court electronic filing system and shall opt in as attorneys on this case. Wis. Stat. (Rule) 809.801(3). Comment: Pro Hac Vice Motion for Attorney Greenwood, Affidavits in Support filed by Attorneys Poland and Greenwood |
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OCCD
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SC
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08-07-2023
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Filed By: Douglas Poland
Submit Date: 8-7-2023 Decision: (G) Grant Decision Date: 8-8-2023 IT IS ORDERED that the motions are granted. A copy of SCR 10.03(4), setting forth the requirements for attorneys appearing pro hac vice, can be found at the following link: https://www.wicourts.gov/sc/rules/chap10.pdf. A copy of SCR 10.03(4) is also attached to the pro hac vice attorneys' orders; and IT IS FURTHER ORDERED that, within five days of the date of this order, Attorneys Gaber and Greenwood shall register for access to the Wisconsin appellate court electronic filing system and shall opt in as attorneys on this case. Wis. Stat. (Rule) 809.801(3). Comment: Pro Hac Vice Motion for Attorney Gaber, Affidavits in Support filed by Attorneys Poland and Gaber |
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OCCD
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SC
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08-03-2023
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Fee Paid
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Comment: Receipt No: 23R 001856
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OCCD
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SC
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08-03-2023
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Fee Paid
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Comment: Receipt No: 23R 001854
VOIDED on 8-3-2023 - Receipted on wrong date
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OCCD
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SC
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08-02-2023
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Notice of Appearance
Notice of Appearance - Thompson (Petitioners) |
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Comment: Thompson (Petitioners)
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OCCD
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SC
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08-02-2023
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Notice of Appearance
Notice of Appearance - Mandell (Petitioners) |
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Comment: Mandell (Petitioners)
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OCCD
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SC
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08-02-2023
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Notice of Appearance
Notice of Appearance - Edwards (Petitioners) |
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Comment: Edwards (Petitioners)
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OCCD
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SC
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08-02-2023
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Notice of Appearance
Notice of Appearance - Poland (Petitioners) |
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Comment: Poland (Petitioners)
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OCCD
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SC
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08-02-2023
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Comment: Pierson (Petitioners)
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