Priorities USA v. Wisconsin Elections Commission

Appeal Number 2024AP000164

Supreme Court

CASE HISTORY
Status
Court
Filing Date
Anticipated Due Date
Activity
PEND
CA
04-08-2024
Brief & Appendix of Appellant(s)
Comment: Petition to Bypass GRANTED, per 3-12-2024 Court Order of the Supreme Court

PEND
SC
08-05-2024
Remittitur

OCCD
SC
07-05-2024
Judge Panel: Ziegler, Bradley, Bradley, Dallet, Hagedorn, Karofsky, Protasiewicz
Opinion: Opinion
Decision: Reversed and remanded Pages: 23
Written by: Bradley, Ann Walsh
Bradley, Rebecca Grassl Wrote Dissenting Opinion 24 pages.
Ziegler, Annette K. Joined Dissenting Opinion
Hagedorn, Brian K. Joined Dissenting Opinion
Order Text: The order of the circuit court is reversed and the cause is remanded to the circuit court.
Comment: Opinion/Decision

OCCD
SC
07-02-2024
Public Domain Citation
Comment: PDC No: 2024 WI 32

OCCD
SC
05-13-2024
Oral Argument
Comment: 9:45 a.m. (State Capitol, Supreme Court Hearing Room); David R. Fox for Plaintiff-Appellant-Petitioner, Erin Deeley for Intervenor-Appellant, Faye Hipsman for Defendant-Respondent, Misha Tseytlin for Intervenor-Respondent

OCCD
SC
05-08-2024
Brief of Amicus Curiae/Non-Party
Brief of Amicus Curiae (Common Cause Wisconsin)
Filed By: Jason Myatt
Comment: Common Cause Wisconsin Brief of Amicus Curiae (Common Cause Wisconsin)

OCCD
SC
05-08-2024
Brief of Amicus Curiae/Non-Party
Brief of Amicus Curiae (Teigen, Thom, and AMAC)
Filed By: Nathalie Burmeister
Comment: Richard Teigen, Richard Thom, and the Association of Mature American Citizens, Inc. (Teigen, Thom, and AMAC)

OCCD
SC
05-08-2024
Motion to File Amicus/Non-Party Brief
Filed By: Jason Myatt
Submit Date: 5-8-2024
Decision: (G) Grant
Decision Date: 5-8-2024
IT IS ORDERED that the motions for leave to file non-party briefs as amici curiae are granted. The proposed briefs submitted with the motions are accepted as filed as of the date of this order; and
IT IS ORDERED that the pro hac vice 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' copy of this order.
Comment: Common Cause Wisconsin

OCCD
SC
05-08-2024
Motion for Pro Hac Vice Admission
Filed By: Jason Myatt
Submit Date: 5-8-2024
Decision: (G) Grant
Decision Date: 5-8-2024
IT IS ORDERED that the motions for leave to file non-party briefs as amici curiae are granted. The proposed briefs submitted with the motions are accepted as filed as of the date of this order; and
IT IS ORDERED that the pro hac vice 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' copy of this order.
Comment: Narayan Narasimhan

OCCD
SC
05-08-2024
Motion for Pro Hac Vice Admission
Filed By: Jason Myatt
Submit Date: 5-8-2024
Decision: (G) Grant
Decision Date: 5-8-2024
IT IS ORDERED that the motions for leave to file non-party briefs as amici curiae are granted. The proposed briefs submitted with the motions are accepted as filed as of the date of this order; and
IT IS ORDERED that the pro hac vice 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' copy of this order.
Comment: Zachary Goldstein

OCCD
SC
05-08-2024
Motion for Pro Hac Vice Admission
Filed By: Jason Myatt
Submit Date: 5-8-2024
Decision: (G) Grant
Decision Date: 5-8-2024
IT IS ORDERED that the motions for leave to file non-party briefs as amici curiae are granted. The proposed briefs submitted with the motions are accepted as filed as of the date of this order; and
IT IS ORDERED that the pro hac vice 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' copy of this order.
Comment: Mark J. Cherry

OCCD
SC
05-08-2024
Motion for Pro Hac Vice Admission
Filed By: Jason Myatt
Submit Date: 5-8-2024
Decision: (G) Grant
Decision Date: 5-8-2024
IT IS ORDERED that the motions for leave to file non-party briefs as amici curiae are granted. The proposed briefs submitted with the motions are accepted as filed as of the date of this order; and
IT IS ORDERED that the pro hac vice 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' copy of this order.
Comment: Gregg J. Costa

OCCD
SC
05-07-2024
Notice of Appearance
Comment: Thomas R. McCarthy and Conor Woodfin as co-counsel for Amicus Parties The RNC, The RPW and RITE PAC

OCCD
SC
05-06-2024
Motion to File Amicus/Non-Party Brief
Filed By: Nathalie Burmeister
Submit Date: 5-6-2024
Decision: (G) Grant
Decision Date: 5-8-2024
IT IS ORDERED that the motions for leave to file non-party briefs as amici curiae are granted. The proposed briefs submitted with the motions are accepted as filed as of the date of this order; and
IT IS ORDERED that the pro hac vice 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' copy of this order.
Comment: Richard Teigen, Richard Thom, and the Association of Mature American Citizens, Inc. (Teigen, Thom, and AMAC)

OCCD
SC
05-06-2024
Brief of Amicus Curiae/Non-Party
Brief of Amicus Curiae (DRW-LWVWI-WFVFJ)
Filed By: Scott Thompson
Comment: Disability Rights Wisconsin, League of Women Voters of Wisconsin, Wisconsin Faith Voices for Justice (DRW-LWVWI-WFVFJ)

OCCD
SC
05-06-2024
Filed By: Erin Deeley
Comment: Governor Tony Evers; to be filed by 5:00pm; must file either a single reply brief or a statement that no reply brief will be filed, with the length of any reply brief conforming to the length limit set by the Rules of Appellate Procedure (See Wis. Stat. (Rule) 809.19(8)(c)2)

OCCD
SC
05-06-2024
Filed By: Diane Welsh
Comment: Priorities USA et al.; to be filed by 5:00pm; must file either a single reply brief or a statement that no reply brief will be filed, with the length of any reply brief conforming to the length limit set by the Rules of Appellate Procedure (See Wis. Stat. (Rule) 809.19(8)(c)2)

OCCD
SC
05-03-2024
Motion to File Amicus/Non-Party Brief
Filed By: Scott Thompson
Submit Date: 5-3-2024
Decision: (G) Grant
Decision Date: 5-6-2024
IT IS ORDERED that the motion is granted. The proposed brief submitted with the motion is accepted as filed as of the date of this order.
Comment: Disability Rights Wisconsin, League of Women Voters of Wisconsin, Wisconsin Faith Voices for Justice

OCCD
SC
05-03-2024
Filed By: Matthew Fernholz
Comment: The RNC, the RPW, and RITE PAC Brief of Amicus Curiae (The RNC, the RPW, and RITE PAC)

OCCD
SC
05-03-2024
Motion to File Amicus/Non-Party Brief
Filed By: Matthew Fernholz
Submit Date: 5-3-2024
Decision: (G) Grant
Decision Date: 5-3-2024
IT IS ORDERED that the motion is granted. The proposed brief submitted with the motion is accepted as filed as of the date of this order.
Comment: Republican National Committee, the Republican Party of Wisconsin, and RITE PAC (The RNC, the RPW, and RITE PAC)

OCCD
SC
04-24-2024
Letter/Correspondence
Comment: Affidavit of Faye B. Hipsman RE Service of Response Brief-Supreme Court (Wisconsin Elections Commission) and Appendix

OCCD
SC
04-24-2024
Filed By: Lane Ruhland
Comment: Center for Election Confidence (CEC)

OCCD
SC
04-24-2024
Motion to File Amicus/Non-Party Brief
Filed By: Lane Ruhland
Submit Date: 4-24-2024
Decision: (G) Grant
Decision Date: 4-24-2024
IT IS ORDERED that the motion for leave to file a non-party brief as amicus curiae is granted. The proposed brief submitted with the motion is accepted as filed as of the date of this order; and
IT IS ORDERED that the motion for admission of Attorney Graham Provost pro hac vice is 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 attorney's copy of this order.
Comment: Center for Election Confidence (CEC)

OCCD
SC
04-24-2024
Motion for Pro Hac Vice Admission
Filed By: Graham Provost
Submit Date: 4-24-2024
Decision: (G) Grant
Decision Date: 4-24-2024
IT IS ORDERED that the motion for leave to file a non-party brief as amicus curiae is granted. The proposed brief submitted with the motion is accepted as filed as of the date of this order; and
IT IS ORDERED that the motion for admission of Attorney Graham Provost pro hac vice is 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 attorney's copy of this order.
Comment: Graham Provost

OCCD
SC
04-24-2024
Comment: Wisconsin State Legislature; to be filed by 5:00pm, not exceeding 60 pages if a monospaced font is used, or 13,200 words if a proportional serif font is used

OCCD
SC
04-24-2024
Filed By: Charlotte Gibson
Comment: Wisconsin Elections Commission; to be filed by 5:00pm, not exceeding 60 pages if a monospaced font is used, or 13,200 words if a proportional serif font is used

OCCD
SC
04-22-2024
Notice of Appearance
Comment: Mel Barnes as co-counsel for Gov. Tony Evers

OCCD
SC
04-19-2024
Notice of Appearance
Comment: Christine P. Sun and Zack Goldberg as co-counsel for Gov. Tony Evers

OCCD
SC
04-19-2024
Filed By: Nicholas Fairweather
Comment: Wisconsin Election Officials

OCCD
SC
04-18-2024
Motion to File Amicus/Non-Party Brief
Filed By: Nicholas Fairweather
Submit Date: 4-19-2024
Decision: (G) Grant
Decision Date: 4-19-2024
IT IS ORDERED that the motion is granted. The proposed brief submitted with the motion is accepted as filed as of the date of this order.
Comment: Wisconsin Election Officials

OCCD
SC
04-03-2024
Motion for Pro Hac Vice Admission
Filed By: Erin Deeley
Submit Date: 4-3-2024
Decision: (G) Grant
Decision Date: 4-18-2024
IT IS ORDERED that the motion to intervene is granted. The opening merits brief and appendix accompanying the motion are accepted as filed; and
IT IS FURTHER ORDERED that the briefing schedule previously established by this court's March 12, 2024 order is hereby modified as follows: By no later than 5:00 p.m. on April 24, 2024, defendant-respondent, Wisconsin Elections Commission, and intervenor-respondent, Wisconsin State Legislature, must each file a response brief not exceeding 60 pages if a monospaced font is used, or 13,200 words if a proportional serif font is used. By no later than 5:00 p.m. on May 6, 2024, plaintiffs-appellants, Priorities USA et al., and intervenor-appellant, Governor Tony Evers, must each file either a single reply brief or a statement that no reply brief will be filed, with the length of any reply brief conforming to the length limit set by the Rules of Appellate Procedure. See Wis. Stat. (Rule) 809.19(8)(c)2; and
IT IS FURTHER ORDERED that the motions for pro hac vice admission 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' copies of this order; and
IT IS FURTHER ORDERED that, within five days of the date of this order, all attorneys representing Governor Evers 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: Christine P. Sun

OCCD
SC
04-03-2024
Motion for Pro Hac Vice Admission
Filed By: Erin Deeley
Submit Date: 4-3-2024
Decision: (G) Grant
Decision Date: 4-18-2024
IT IS ORDERED that the motion to intervene is granted. The opening merits brief and appendix accompanying the motion are accepted as filed; and
IT IS FURTHER ORDERED that the briefing schedule previously established by this court's March 12, 2024 order is hereby modified as follows: By no later than 5:00 p.m. on April 24, 2024, defendant-respondent, Wisconsin Elections Commission, and intervenor-respondent, Wisconsin State Legislature, must each file a response brief not exceeding 60 pages if a monospaced font is used, or 13,200 words if a proportional serif font is used. By no later than 5:00 p.m. on May 6, 2024, plaintiffs-appellants, Priorities USA et al., and intervenor-appellant, Governor Tony Evers, must each file either a single reply brief or a statement that no reply brief will be filed, with the length of any reply brief conforming to the length limit set by the Rules of Appellate Procedure. See Wis. Stat. (Rule) 809.19(8)(c)2; and
IT IS FURTHER ORDERED that the motions for pro hac vice admission 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' copies of this order; and
IT IS FURTHER ORDERED that, within five days of the date of this order, all attorneys representing Governor Evers 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: Zack Goldberg

OCCD
SC
04-02-2024
Sua Sponte
Filed By: Unassigned District 4
Submit Date: 4-2-2024
Decision: (O) Other
Decision Date: 4-18-2024
IT IS ORDERED that the motion to intervene is granted. The opening merits brief and appendix accompanying the motion are accepted as filed; and
IT IS FURTHER ORDERED that the briefing schedule previously established by this court's March 12, 2024 order is hereby modified as follows: By no later than 5:00 p.m. on April 24, 2024, defendant-respondent, Wisconsin Elections Commission, and intervenor-respondent, Wisconsin State Legislature, must each file a response brief not exceeding 60 pages if a monospaced font is used, or 13,200 words if a proportional serif font is used. By no later than 5:00 p.m. on May 6, 2024, plaintiffs-appellants, Priorities USA et al., and intervenor-appellant, Governor Tony Evers, must each file either a single reply brief or a statement that no reply brief will be filed, with the length of any reply brief conforming to the length limit set by the Rules of Appellate Procedure. See Wis. Stat. (Rule) 809.19(8)(c)2; and
IT IS FURTHER ORDERED that the motions for pro hac vice admission 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' copies of this order; and
IT IS FURTHER ORDERED that, within five days of the date of this order, all attorneys representing Governor Evers 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: Proposed Brief and Appendix of Appellant (Governor Tony Evers)

OCCD
SC
04-01-2024
Filed By: Erin Deeley
Comment: Governor Tony Evers; accepted via 4-18-2024 Court Order

OCCD
SC
04-01-2024
Motion to Intervene
Filed By: Erin Deeley
Submit Date: 4-2-2024
Decision: (G) Grant
Decision Date: 4-18-2024
IT IS ORDERED that the motion to intervene is granted. The opening merits brief and appendix accompanying the motion are accepted as filed; and
IT IS FURTHER ORDERED that the briefing schedule previously established by this court's March 12, 2024 order is hereby modified as follows: By no later than 5:00 p.m. on April 24, 2024, defendant-respondent, Wisconsin Elections Commission, and intervenor-respondent, Wisconsin State Legislature, must each file a response brief not exceeding 60 pages if a monospaced font is used, or 13,200 words if a proportional serif font is used. By no later than 5:00 p.m. on May 6, 2024, plaintiffs-appellants, Priorities USA et al., and intervenor-appellant, Governor Tony Evers, must each file either a single reply brief or a statement that no reply brief will be filed, with the length of any reply brief conforming to the length limit set by the Rules of Appellate Procedure. See Wis. Stat. (Rule) 809.19(8)(c)2; and
IT IS FURTHER ORDERED that the motions for pro hac vice admission 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' copies of this order; and
IT IS FURTHER ORDERED that, within five days of the date of this order, all attorneys representing Governor Evers 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: Governor Tony Evers; Brief in Support of Motion to Intervene (Governor Tony Evers)

OCCD
SC
04-01-2024
Filed By: Diane Welsh
Comment: Priorities USA, Wisconsin Alliance for Retired Americans and William Franks, Jr.

OCCD
SC
03-13-2024
Assigned for Oral Argument

OCCD
SC
03-12-2024
Court Changed to Supreme Court

OCCD
CA
03-12-2024
Hold Status

OCCD
CA
03-05-2024
Other Papers
Comment: Notice of Withdrawal (Bellavia)

OCCD
CA
02-28-2024
Record
Comment: ELECTRONICALLY FILED

OCCD
CA
02-20-2024
Motion for Miscellaneous Relief
Filed By: Steven Kilpatrick
Submit Date: 2-20-2024
Decision: (N) No Action
Decision Date: 6-10-2024
No action.
Motion Response
Filed By: Diane Welsh
Submit Date: 3-4-2024
Motion Response
Filed By: Misha Tseytlin
Submit Date: 3-4-2024
Comment: Motion to Change Venue; HELD IN ABEYANCE pending further order, per 3-12-2024 Court Order of the Supreme Court; No action taken due to granted Petition to Bypass

OCCD
SC
02-12-2024
Fee Paid
Comment: Invoice No: 20883; Receipt No: 24R 000330

OCCD
SC
02-12-2024
Invoice Issued
Comment: Invoice No: 20883

OCCD
SC
02-09-2024
Petition to Bypass
Filed By: David Fox
Submit Date: 2-9-2024
Decision: (G) Grant
Decision Date: 3-12-2024
IT IS ORDERED that the petition to bypass is granted and the appeal is accepted for consideration in this court. The court, however, will consider only the following issue, and the plaintiffs-appellants may not raise or argue issues not set forth in this order:
Whether to overrule the Courts holding in Teigen v. Wisconsin Elections Commission, 2022 WI 64, 403 Wis. 2d 607, 976 N.W.2d 519, that Wis. Stat. 6.87 precludes the use of secure drop boxes for the return of absentee ballots to municipal clerks; and
IT IS FURTHER ORDERED that all other issues in the appeal are held in abeyance pending further order of the court; and
IT IS FURTHER ORDERED that, within 20 days of the date of this order, the plaintiffs-appellants must file a brief in this court; within 20 days of filing, defendant-respondent and intervenor-respondent must file response briefs; and within 10 days of filing of the response briefs, the plaintiffs-appellants must file either a single reply brief or a statement that no reply brief will be filed; and
IT IS FURTHER ORDERED that oral argument in this matter will take place on May 13, 2024, at 9:45 a.m.
REBECCA GRASSL BRADLEY, J., dissents.
Chief Justice ANNETTE KINGSLAND ZIEGLER joins dissent.
Motion Response
Filed By: Steven Kilpatrick
Submit Date: 2-23-2024
Motion Response
Filed By: Misha Tseytlin
Submit Date: 2-23-2024

OCCD
CA
02-06-2024
Notice of Reporter RE: Filing of Transcript(s)
Court Reporter Name: (Seymour, Meredith)

OCCD
CA
02-06-2024
Other Papers
Comment: Notice of Reporter Regarding Filing of Transcript from CR Meredith Seymour; 10/31/23 Transcript filed with Circuit Court on 11/14/23

OCCD
CA
02-06-2024
Statement on Transcript
Filed By: Diane Welsh
Status: Ordered

OCCD
CA
02-02-2024
Notice of Appearance
Comment: Attorney Justin Baxenberg as Counsel for Priorities USA, Wisconsin Alliance for Retired Americans, and William Franks, Jr.

OCCD
CA
02-02-2024
Notice of Appearance
Comment: Attorney Omeed Alerasool as Counsel for Priorities USA, Wisconsin Alliance for Retired Americans and William Franks, Jr.

OCCD
CA
02-01-2024
Docketing Statement from Appellant

OCCD
CA
01-31-2024
Notice of Docketing of Appeal

OCCD
CA
01-31-2024
Fee Paid
Comment: Receipt No: 24R 000252

OCCD
CA
01-31-2024
Delinquent
Comment: New due date of connected DSA: 2-7-2024

OCCD
CA
01-31-2024
Other Papers
Comment: Copy of Circuit Court Docket

OCCD
CA
01-31-2024
Notice of Appeal & Circuit Court Docket Entries

OCCD
CA
01-30-2024
Notice of Appeal filed in Circuit Court

OCCD
CA
01-29-2024
Order of Circuit Court

OCCD
CA
11-14-2023
Transcript filed in Circuit Court