Defendants' Answer to the Amended Complaint in 20-cv-249: Democratic National Committee v. Bostelmann
Summary
Defendants Dean Knudson, Julie M. Glancey, Robert F. Spindell, Jr., Mark L. Thomsen, Ann S. Jacobs and Marge Bostelmann answer the Amended Complaint in the Democratic National Committee case, No. 20-cv-249, dated 4/13/2020. The answer admits some allegations, such as that Governor Evers issued a Safer-at-Home Order on March 24 and that by-mail registration ended on March 18, 2020, and denies others or states a lack of sufficient information. It responds to Count I (undue burden on the right to vote), Count II (denial of procedural due process) and Count III (equal protection). The defendants deny that the plaintiffs are entitled to relief and assert as affirmative defenses that the complaint fails to state a claim and is moot. The answer is electronically signed by Daniel S. Lenz.
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“Defendants' Answer to the Amended Complaint in 20-cv-249: Democratic National Committee v. Bostelmann.”
Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/gov-uscourts-wiwd-45522-192-0-171cf5002f/
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IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
DEMOCRATIC NATIONAL COMMITTEE, et al.,
Plaintiffs, Case No. 20- CV-249
v.
MARGE BOSTELMANN, et al.,
Defendants,
and
REPUBLICAN NATIONAL COMMITTEE,
REPUBLICAN PARTY OF WISCONSIN AND
WISCONSIN STATE LEGISLATURE,
Intervening Defendants
SYLVIA GEAR, et al.,
Plaintiffs, Case No. 20- CV-278
v.
DEAN KNUDSON, et al
Defendants,
and
REPUBLICAN NATIONAL COMMITTEE,
REPUBLICAN PARTY OF WISCONSIN AND
WISCONSIN STATE LEGISLATURE,
Intervening Defendants.
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REVEREND GREG LEWIS, et al.,
Plaintiffs, Case No. 20- CV-284
v.
DEAN KNUDSON, et al.,
Defendants.
and
REPUBLICAN NATIONAL COMMITTEE,
REPUBLICAN PARTY OF WISCONSIN AND
WISCONSIN STATE LEGISLATURE,
Intervening Defendants
DEFENDANTS’ ANSWER TO THE AMENDED COMPLAINT IN 20-CV-249,
DNC et al. v. BOSTELMANN et al.
Defendants Dean Knudson, Julie M. Glancey, Robert F. Spindell, Jr., Mark L.
Thomsen, Ann S. Jacobs and Marge Bostelmann, by their undersigned counsel,
answer the Amended Complaint in DNC v. Bostelmann, Case No. 20-cv-249 [Dkt.
No. 55] as follows:
NATURE OF THE CASE
1. Admit that the United States and Wisconsin are in the midst of a crisis
related to COVID-19. Admit that part of the response to this crisis is
social distancing. The Defendants lack sufficient information to admit or
deny the rest of the allegations in this paragraph.
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2. Admit that Governor Evers issued a “Safer-at-Home Order” on March 24.
Affirmatively allege that this document speaks for itself.
3. Deny information sufficient to admit or deny the allegations in this
paragraph.
4. Deny information sufficient to admit or deny the allegations in this
paragraph.
5. Admit that absentee ballot requests and returns have exceeded previous
records and that applications continued to increase from March 26, 2020.
Deny information sufficient to admit or deny the rest of the allegations in
this paragraph.
6. Deny.
7. Deny.
8. Admit that by-mail registration ended in Wisconsin on March 18, 2020
pursuant to Wis. Stat. § 6.28(1). Admit that historically many Wisconsin
voters have registered on election day. Deny information sufficient to
admit or deny the rest of the allegations in this paragraph.
9. Admit that Wis. Stat. § 6.34 requires new voters to provide a copy of their
proof of residence to register. Deny information sufficient to admit or deny
the rest of the allegations in this paragraph.
10. Admit that Wis. Stat. §§ 6.86 and 6.87 require a copy of a voter’s photo
identification to accompany a request for an absentee ballot. Affirmatively
3
allege that exceptions to these provisions exist. Deny information
sufficient to admit or deny the rest of the allegations in this paragraph.
11. Deny information sufficient to admit or deny the allegations in this
paragraph.
12. Admit that the Plaintiffs sought the relief listed. Deny information
sufficient to admit or deny the rest of the allegations in this paragraph.
JURISDICTION AND VENUE
13. Admit that Plaintiffs brought this action under 42 U.S.C. §§ 1983 and
1988.
14. Admit.
15. Admit.
16. Admit.
17. Admit.
PARTIES
18. Admit that Plaintiff the Democratic National Committee (“DNC”) is a
national committee, as that term is defined by and used in 52 U.S.C. §
30101, dedicated to electing local, state, and national candidates of the
Democratic Party to public office throughout the United States. Admit
that the DNC is charged with facilitating the Democratic presidential
nominating process, which culminates in the 2020 Convention that will
take place in Milwaukee, Wisconsin in July. Admit that the April 7, 2020
Spring Election is part of the presidential nominating process, and
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Democratic voters in that election will make their selections for the
Democratic presidential nominee. Otherwise, deny.
19. Admit that Plaintiff the Democratic Party of Wisconsin is a state
committee, as defined by 52 U.S.C. § 30101(15), dedicated to electing
candidates of the Democratic Party to public office throughout the State of
Wisconsin. Otherwise, deny.
20. Admit that Plaintiffs had standing. Affirmatively allege that the claims
brought are moot. Otherwise, deny.
21. Admit.
STATEMENT OF FACTS AND LAW
A. Wisconsin Registration and Absentee Laws
22. Admit.
23. This paragraph states a legal conclusion to which no response is required.
Affirmatively allege that Wis. Stat. § 6.34 speaks for itself.
24. Admit.
25. Admit.
26. This paragraph states a legal conclusion to which no response is required.
Affirmatively allege that Wis. Stat. § 6.86 (1)(a) speaks for itself.
27. This paragraph states a legal conclusion to which no response is required.
Affirmatively allege that Wis. Stat. § 6.86 (1)(ac) speaks for itself.
28. This paragraph states a legal conclusion to which no response is required.
Affirmatively allege that Wis. Stat. § 6.87 (6) speaks for itself. Further
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allege that this paragraph is subject to the Court’s Order of April 2, 2020
and is, therefore, moot.
B. Coronavirus and the April 7, 2020 Election
29. Admit.
30. Affirmatively allege that the Safer-at-Home Order speaks for itself.
Otherwise, deny.
31. Deny information sufficient to admit or deny the allegations in this
paragraph. Affirmatively allege that the Safer-at-Home Order speaks for
itself.
32. Deny information sufficient to admit or deny the allegations in this
paragraph. Affirmatively allege that the Safer-at-Home Order speaks for
itself.
33. Deny information sufficient to admit or deny the allegations in this
paragraph.
34. Admit that absentee ballot requests and returns have exceeded previous
records and that applications continued to increase from March 26, 2020.
Admit that the quotation in this paragraph is accurate. Deny information
sufficient to admit or deny the rest of the allegations in this paragraph.
35. Deny.
36. Admit that thousands of voters typically register in person on election
day. Deny information sufficient to admit or deny the rest of the
allegations in this paragraph.
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37. Deny information sufficient to admit or deny the allegations in this
paragraph. Affirmatively allege that the Safer-at-Home Order and Wis.
Stat. § 6.34 speak for themselves.
38. Deny information sufficient to admit or deny the allegations in this
paragraph. Affirmatively allege that the Safer-at-Home Order and Wis.
Stats. § 6.86 and 6.87 speak for themselves.
39. Deny information sufficient to admit or deny the allegations in this
paragraph. Affirmatively allege that the Safer-at-Home Order and Wis.
Stats. § 6.86 and 6.87 speak for themselves.
40. Deny information sufficient to admit or deny the allegations in this
paragraph. Affirmatively allege that the Safer-at-Home Order and Wis.
Stats. § 6.86 and 6.87 speak for themselves.
41. Deny information sufficient to admit or deny the allegations in this
paragraph. Affirmatively allege that the Safer-at-Home Order and Wis.
Stats. § 6.86 and 6.87 speak for themselves.
42. Deny information sufficient to admit or deny the allegations in this
paragraph. Affirmatively allege that the Safer-at-Home Order and Wis.
Stats. § 6.86 and 6.87 speak for themselves.
43. Deny.
44. Deny.
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CLAIMS FOR RELIEF
COUNT I
First and Fourteenth Amendments
U.S. Const. Amend. I and XIV, 42 U.S.C. §1983, 28 U.S.C. §§2201, 2202
Undue Burden on the Right to Vote
45. Defendants reallege and incorporate by reference all prior responses of
this Answer and the responses below.
46. This paragraph states a legal conclusion to which no response is required.
47. Deny.
48. Deny.
49. Deny.
50. Deny.
51. Deny.
COUNT II
Due Process
U.S. Const. Amend. XIV, 42 U.S.C. § 1983
Denial of Procedural Due Process
52. Defendants reallege and incorporate by reference all prior responses of
this Answer and the responses below.
53. This paragraph states a legal conclusion to which no response is required.
54. This paragraph states a legal conclusion to which no response is required.
55. This paragraph states a legal conclusion to which no response is required.
56. Deny.
57. Deny.
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COUNT III
Equal Protection
U.S. Const. Amend. XIV, 42 U.S.C. § 1983
58. Defendants reallege and incorporate by reference all prior responses of
this Answer and the responses below.
59. This paragraph states a legal conclusion to which no response is required.
60. This paragraph states a legal conclusion to which no response is required.
61. Deny information sufficient to admit or deny the allegations in this
paragraph.
62. Deny information sufficient to admit or deny the allegations in this
paragraph.
63. Deny.
PRAYER FOR RELIEF
The Defendants deny that Plaintiffs are entitled to the relief requested.
AFFIRMATIVE DEFENSES
1. The Amended Complaint fails to state a claim for which relief can be
granted and should be dismissed.
2. The allegations and claims in the Amended Complaint and claims are
moot.
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Dated: 4/13/2020 LAWTON & CATES, S.C.
Electronically signed by Daniel S. Lenz
Dixon R. Gahnz, SBN: 1024367
Daniel S. Lenz, SBN: 1082058
Daniel P. Bach, SBN: 1005751
Terrence M. Polich, SBN: 1031375
345 W. Washington Avenue, Suite 201
P.O. Box 2965
Madison, WI 53701-2965
Phone: (608) 282-6200
Fax: (608) 282-6252
dgahnz@lawtoncates.com
dlenz@lawtoncates.com
dbach@lawtoncates.com
tpolich@lawtoncates.com
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