451 F.Supp.3d 952
W.D. Wis.2020Background:
- Three consolidated federal suits challenged Wisconsin election rules for the April 7, 2020 election amid the COVID-19 pandemic; emergency hearing held April 1, 2020.
- Massive surge in absentee-ballot requests (roughly 1.1 million by early April) created backlogs for municipal clerks and USPS delays, threatening timely delivery and countability.
- Significant poll-worker shortages, consolidation/closure of polling sites, and public-health orders (Safer-at-Home) raised risks and burdens for in-person voting and for voters needing witnesses or ID copies.
- WEC Administrator testified about operational strain but stated she did not oppose counting absentee ballots postmarked by April 7 if received by April 13, 2020, 4:00 p.m., and issued guidance on ‘‘indefinitely confined’’ status and remote witnessing options.
- Court granted limited preliminary relief: denied overall postponement of the election; enjoined enforcement of the absentee-receipt deadline (extended to Apr. 13, 2020, 4:00 p.m.); extended absentee-request deadline to Apr. 3, 2020, 5:00 p.m.; permitted unwitnessed ballots where voter makes written affirmation they could not safely obtain a witness; denied relief on photo-ID and by-mail registration rules (practical/moot reasons).
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether to postpone the Apr. 7 election | Pandemic makes in-person voting unsafe and will disenfranchise many; courts should delay election | States/Commissioners can administer election; delay causes logistical/federalism harms and downstream election conflicts | Denied — court refused to enjoin or postpone the election (Purcell concerns, federalism, administration burdens) |
| Whether to extend absentee-ballot receipt deadline (Wis. Stat. § 6.87(6)) | Thousands will be disenfranchised through no fault of voters due to mail/backlogs; extension necessary to protect voting rights | Deadlines serve finality and orderly administration; wait to see post-election if harm materializes | Granted — enjoined enforcement of 8:00 p.m. election-day cutoff; new deadline Apr. 13, 2020, 4:00 p.m. |
| Whether to extend absentee-ballot request deadline (Wis. Stat. § 6.86(1)(b)) | Short extension increases chance voters receive ballots in time and reduces in-person voting | Logistical/admin concerns; limited utility | Granted in part — extended to Apr. 3, 2020, 5:00 p.m. (mail/fax/email; online optional at WEC Admin discretion) |
| Whether to enjoin the absentee witness-signature requirement (Wis. Stat. § 6.87(2)) | Social‑distancing and isolation make obtaining a witness unsafe/impossible for some voters; requirement unduly burdens voting | Witness rule deters fraud; WEC guidance allows remote witnessing and other workarounds | Partially granted — did not strike requirement wholesale but enjoined enforcement for voters who submit written affirmation that they could not safely obtain a witness despite reasonable efforts; unwitnessed ballots otherwise accepted if otherwise valid |
| Whether to suspend proof-of-photo-ID and proof-of-residence requirements for absentee/by-mail registration | Safer-at-Home and closed copying services make compliance impossible for some first-time absentee voters | Voters can reasonably upload/obtain help; fraud-prevention interest justifies rule | Denied — court found WEC guidance and state court recognition of ‘‘indefinitely confined’’ status adequate; relief unnecessary or moot |
Key Cases Cited
- Anderson v. Celebrezze, 460 U.S. 780 (1983) (articulates balancing test for election regulation burdens)
- Burdick v. Takushi, 504 U.S. 428 (1992) (applies Anderson balancing to voting restrictions)
- Purcell v. Gonzalez, 549 U.S. 1 (2006) (cautions against late-court interference with elections)
- Crawford v. Marion County Election Bd., 553 U.S. 181 (2008) (upholds state interest in fraud prevention; burden-justification framework)
- Norman v. Reed, 502 U.S. 279 (1992) (severe burdens require narrowly tailored, compelling interests)
- Frank v. Walker, 819 F.3d 384 (7th Cir. 2016) (relief may be warranted for specific voters who cannot comply despite reasonable effort)
- Griffin v. Roupas, 385 F.3d 1128 (7th Cir. 2004) (recognizes absentee voting fraud concerns)
- Doe v. Walker, 746 F. Supp. 2d 667 (D. Md. 2010) (extended absentee receipt deadline where mail made timely return impossible)