COVID-19 RESPONSE

Wisconsin

Wisconsin April Election Litigation

DNC v. Bostelmann

Challenging four Wisconsin laws which, in light of the unprecedented crisis caused by the corona virus, severely burden Wisconsin voters’ right to vote in the upcoming April 7, 2020 primary election and all elections taking place during this unprecedented situation. As Wisconsin voters are forced to socially distance themselves to try to slow the spread of COVID-19, in person registration and voting are no longer safe options and voters must turn to electronic and mail registration and voting. However, Wisconsin’s current electronic and by-mail registration deadline, Wisc. Stat. § 6.28(1), requires that copies of proof of residence and voter ID accompany electronic and by-mail voter registration and absentee applications, id. § 6.34, 6.86, respectively; and require that absentee ballots be received by 8:00 p.m. on Election Day to be counted, id. § 687. These restrictions all pose significant risks to voters seeking to exercise their right to vote. These laws set up an unconscionable choice between voters’ safety and their fundamental right to vote. Plaintiffs seek to have them enjoined and request that the current electronic and by-mail deadline get extended until April 3, 2020, the Court enjoin Wisconsin’s requirements that voters provide copies or scans of proof of residence and voter ID documentation until the COVID-19 crisis is over and that absentee ballots postmarked on or before election day and received within 10 days be counted. These challenges are made under the First and Fourteenth Amendments.

Read the complaint here.

Read the emergency motion for a temporary restraining order and preliminary injunction here.

Read the brief in support of the emergency motion for a temporary restraining order and preliminary injunction here.

Read the opinion and order here.

Read Milwaukee and Madison’s Motion to File Amicus Brief here.

Read the amended complaint for declaratory and injunctive relief here.

Read the brief in support of the emergency motion for preliminary injunction and reconsideration of the court’s ruling on the by-mail absentee deadline and documentation requirements.

NATURAL DISASTERS RESPONSE

Florida

Florida Hurricane Matthew Registration Deadline Extension 

Florida Democratic Party v. Scott

Successfully obtained court-ordered extension of deadlines for voter registration following Hurricane Matthew. After Hurricane Matthew slammed into Florida on October 6, 2016, causing significant destruction and power outages throughout the state, then-Governor Rick Scott refused to extend the voter registration deadline and the deadline for local election officials to designate early voting sites. We filed an emergency lawsuit seeking an immediate injunction, requiring Governor Scott to extend the voter registration and the early voting site-designation deadlines. The court granted our motion and issued our requested emergency injunction in full, which required the State to extend all relevant deadlines.

Read the complaint here.

Read the emergency motion for a temporary restraining order and order to show cause here.

Read the order here.

Read the memorandum in support of the emergency motion to enforce a preliminary injunction here.

Florida Hurricane Michael  

Florida Democratic Party v. Detzner

Filed an emergency motion asking the Florida Secretary of State to extend Florida’s voter registration deadline by one week due to Hurricane Michael. Many Floridians were unable to register in the final days before the deadline because of power outages and evacuation orders. Plaintiffs – the New Florida Majority Education Fund, Common Cause and Mi Familia Vota Education Fund – asserted two claims, both under the Fourteenth Amendment.

Read the complaint here.

Read the emergency motion for a temporary restraining order and order to show cause here.

Read the response to the defendant’s motion to dismiss here.