Zignego et al v. Wisconsin Election Commission et al

Case Name: Zignego et al v. Wisconsin Election Commission et al

Type of Case: Declaratory Judgment; Good Government

Court: Ozaukee County Circuit Court, Wisconsin Court of Appeals, Wisconsin Supreme Court

Case Number: 19-CV-449, 19-AP-2397, 20-AP-112

Filed On: November 13, 2019

Current Status: Circuit Court granted the Writ of Mandamus, Reversed at Court of Appeals, Currently pending before the Supreme Court

Wisconsin must maintain accurate and up-to-date voter registrations precisely because our state has made it easy to vote and easy to register. Ensuring that voters are voting from the proper residence is critical because:

  • The state has an obvious interest in only counting the ballots of eligible voters.
  • It enfranchises voters by reducing the likelihood of lines and confusion at the polls.
  • It allows election administrators with the ability to better plan for election day.

To this end, Wisconsin law has established procedures to ensure and maintain accurate voter rolls. Wisconsin participates with 28 other states in the Electronic Registration Information Center (ERIC). ERIC flags “movers” – individuals who report an official government transaction from an address different than their voter registration address – to state election agencies.

The Wisconsin Election Commission first reviews the information on “movers” for accuracy and reliability. State law then provides specific direction to WEC on how to handle “movers” flagged by ERIC.

  • WEC is to send a notice to the mover at the address of their voter registration.
  • A voter has 30 days to affirm whether they still live at the address.
  • If the voter affirms they live at the address – by returning the postcard or completing a brief form online – nothing happens.
  • If the voter takes no action for 30 days, WEC is to change the voter’s registration status from eligible to ineligible.

But on June 11, 2019 the Wisconsin Election Commission decided, contrary to state law, that changes in eligibility for a voter flagged as a “mover” by ERIC will not occur for 12 to 24 months.

WILL filed a complaint, on behalf of three Wisconsin voters, to the Wisconsin Election Commission on October 16, 2019 explaining how the adopted policy change is contrary to state law. WEC dismissed WILL’s complaint, without ever dealing with the merits.

Case Documents

 Size: 3 MB Complaint with Exhibits  Size: 214 KB 2019-11-14 Plaitiffs' Motion For Temporary Injunction or Writ of Mandamus  Size: 350 KB 2019-11-14 Plaintiffs' Brief in Support of Temp Injunction or Writ of Mandamus  Size: 3 MB 2019-11-14 McGrath Affidavit with Exhibits  Size: 192 KB 2019-11-20 Affidavit of Lucas Vebber  Size: 198 KB 2019-11-22- League of Women Voter of Wisconsin's Brief in Support of Motion to Intervene  Size: 7 MB 2019-11-25 Non-WI Authorities Cited in Proposed Intervenor-Defendant League of Women Voters of Wisconsin's Brief in Support of Its Motion to Intervene and Motion to Dismiss  Size: 308 KB 2019-11-27 Defendants Response Brief Opposing Plaintiffs Motion for Temporary Injunction  Size: 115 KB 2019-11-27 Notice of Proposed Intervenor League of Women Voters of WI to File Brief  Size: 271 KB 2019-12-02 Plaintiffs' Response Brief in Opposition to League of Women Voter's Intervention Motion  Size: 294 KB 2019-12-02 Plaintiffs' Reply Brief in Support of Motion for Temp Injunction or Writ of Mandamus  Size: 328 KB 2019-12-05 Supplemental Affidavit of Meagan Wolfe  Size: 149 KB 2019-12-05 League of Women Voters' Brief in Support of Motion to Intervene  Size: 102 KB 2019-12-05 League of Women Voters Amended Notice to Intervene  Size: 956 KB 2019-12-06 Appendix of Plaintiffs-Appellants  Size: 531 KB 2019-12-06 Plaintiffs-Appellants Brief  Size: 713 KB 2019-12-09 Plaintiffs' Response to Supplemental Affidavit of Wolfe  Size: 110 KB 2019-12-12 LWV Supplemental Brief Opposing Temp Injunction or Writ of Mandamus  Size: 162 KB 2019-12-17 Writ of Mandamus  Size: 154 KB 2019-12-17-Defendant's Notice of Appeal  Size: 159 KB 2019-12-17 Order Denying Intervention of League of Women Voters of WI  Size: 5 MB 2019-12-17 WEC's Motion for an Expedited Stay of the Writ of Mandamus  Size: 142 KB 2019-12-17 League of Women Voters of WI Complaint Against WEC - filed in Western District  Size: 110 KB 2019-12-18 Order Denying Expedited Stay of Writ of Mandamus  Size: 174 KB 2019-12-19 Tansmittal of Notice of Appeal  Size: 4 MB 2019-12-20 Plaintiffs-Respondents' Response to Motion for Stay Pending Appeal  Size: 838 KB 2019-12-20 Petition to Bypass  Size: 101 KB 2019-12-23 Supreme Court Order regarding Responses to Petition to Bypass Due by 1/3/20  Size: 10 MB Supreme Court Opening Brief & Appendix
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