Preliminary Injunction Order — Democratic National Committee and Democratic Party of Wisconsin v. Marge Bostelmann, 20-cv-249

Summary

A preliminary injunction order entered April 2, 2020 by District Judge William M. Conley of the U.S. District Court for the Western District of Wisconsin in three captions: Democratic National Committee v. Bostelmann, 20-cv-249-wmc; Gear v. Bostelmann, 20-cv-278-wmc; and Lewis v. Bostelmann, 20-cv-284-wmc. The order enjoins the Commissioners of the Wisconsin Election Commission and its Administrator from enforcing the Wis. Stat. § 6.87(6) requirement that absentee ballots be received by 8:00 p.m. on election day, extending the receipt deadline to 4:00 p.m. on April 13, 2020. It extends the deadline for absentee ballot requests by mail, fax or email under Wis. Stat. § 6.86(1)(b) from April 2, 2020 to 5:00 p.m. on April 3, 2020. It also bars enforcement of Wis. Stat. § 6.87(2) as to voters who affirm they could not safely obtain a witness certification despite reasonable efforts.

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                           IN THE UNITED STATES DISTRICT COURT
                         FOR THE WESTERN DISTRICT OF WISCONSIN

DEMOCRATIC NATIONAL COMMITTEE
and DEMOCRATIC PARTY OF WISCONSIN,

                                      Plaintiffs,                                        PRELIMINARY
                                                                                      INJUNCTION ORDER
         v.
                                                                                              20-cv-249-wmc
MARGE BOSTELMANN, JULIE M. GLANCEY, ANN S.
JACOBS, DEAN KNUDSON, ROBERT F. SPINDELL, JR.
and MARK L. THOMSEN,

                                      Defendants,

         and

REPUBLICAN NATIONAL COMMITTEE
and REPUBLICAN PARTY OF WISCONSIN,

                                       Intervening Defendants.
-----------------------------------------------------------------------------------------------------------------------------

SYLVIA GEAR, MALEKEH K. HAKAMI, PATRICIA
GINTER, CLAIRE WHELAN, WISCONSIN ALLIANCE
FOR RETIRED AMERICANS and LEAGUE OF WOMEN
VOTERS OF WISCONSIN,

                                      Plaintiffs,
         v.
                                                                                              20-cv-278-wmc
MARGE BOSTELMANN, JULIE M. GLANCEY, ANN S.
JACOBS, DEAN KNUDSON, ROBERT F. SPINDELL, JR.,
MARK L. THOMSEN, and MEAGAN WOLFE,

                                       Defendants.
-----------------------------------------------------------------------------------------------------------------------------

REVERAND GREG LEWIS, SOULS TO THE
POLLS, VOCES DE LA FRONTERA, BLACK LEADERS
ORGANIZING FOR COMMUNITIES, AMERICAN
FEDERATION OF TEACHERS, LOCAL, 212, AFL-CIO,
SEIU WISCONSIN STATE COUNCIL and LEAGUE
OF WOMEN VOTERS OF WISCONSIN,

                           Plaintiffs,
      v.
                                                                    20-cv-284-wmc
MARGE BOSTELMANN, JULIE M. GLANCEY, ANN S.
JACOBS, DEAN KNUDSON, ROBERT F. SPINDELL, JR.,
MARK L. THOMSEN, and MEAGAN WOLFE,

                           Defendants.


      IT IS ORDERED that defendants the Commissioners of the Wisconsin Election

Commission and its Administrator are ENJOINED as follows:

      a) Defendants are enjoined from enforcing the requirement under Wis. Stat. §
         6.87(6) that absentee ballots must be received by 8:00 p.m. on election day to
         be counted. The deadline for receipt of absentee ballots is extended to 4:00 p.m.
         on April 13, 2020.

      b) Defendants are enjoined from enforcing the requirement under Wis. Stat. §
         6.86(1)(b) that absentee ballot requests must be received by April 2, 2020. The
         deadline for receipt of absentee ballot requests by mail, fax or email (and if
         deemed administratively feasible in the sole discretion of the WEC
         Administrator, online) is extended to 5:00 p.m. on April 3, 2020.

      c) Defendants are enjoined from enforcing Wis. Stat. § 6.87(2) as to absentee
         voters who have provided a written affirmation or other statement that they
         were unable to safely obtain a witness certification despite reasonable efforts to
         do so, provided that the ballots are otherwise valid.

      Entered this 2nd day of April, 2020.

                                         BY THE COURT:

                                         /s/
                                         __________________________________
                                         WILLIAM M. CONLEY
                                         District Judge

                                             2

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