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

Summary

An Amended Preliminary Injunction Order in Democratic National Committee and Democratic Party of Wisconsin v. Marge Bostelmann et al., No. 20-cv-249-wmc, and related cases in the United States District Court for the Western District of Wisconsin. The order enjoins the Wisconsin Election Commission commissioners and its Administrator from enforcing the requirement under Wis. Stat. § 6.87(6) that absentee ballots be received by 8:00 p.m. on election day, extending the deadline to 4:00 p.m. on April 13, 2020. It also bars release of unofficial results until April 13, 2020 at 4:00 p.m. and extends the deadline for absentee ballot requests to 5:00 p.m. on April 3, 2020. It is entered on the 3rd day of April, 2020 in the name of District Judge William M. Conley.

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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,                                  AMENDED 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 and any inspector appointed under Wis. Stat. § 7.30(a)(b) are
         enjoined from releasing any unofficial results until April 13, 2020, at 4:00 p.m.
         or as soon thereafter as votes can be tabulated.

      c) 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.




                                           2

d) Defendants and Wisconsin municipal clerks are enjoined from enforcing Wis.
   Stat. § 6.87(2) as to any absentee voter who, prior to their ballot being tabulated,
   provides a written affirmation or other statement that they were unable to safely
   obtain a witness certification despite reasonable efforts to do so.

Entered this 3rd day of April, 2020.

                                    BY THE COURT:

                                    /s/
                                    __________________________________
                                    WILLIAM M. CONLEY
                                    District Judge




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