Defending Wisconsin's Voting Laws

Frank v. Walker and One Wisconsin Institute v. Thomsen

 

Frank v. Walker

 

2011 Wisconsin Act 23 (“Act 23”) requires that Wisconsin residents present one of nine forms of photo identification in order to vote. A group of voters (“Plaintiffs”) sued Governor Walker and several other state officials (collectively, “the State”), contending that Act 23 violates Section 2 of the Voting Rights Act and, as applied to certain classes of individuals, violates the Fourteenth Amendment. Plaintiffs sought a declaration that Act 23 is unconstitutional and a violation of Section 2 as well as an injunction against its enforcement. The U.S. District Court for the Eastern District of Wisconsin certified a class of voters and granted that class a preliminary injunction of the law as applied to them.  The Seventh Circuit granted the State's request for a stay of the district court's decision.  The State also argued to the Seventh Circuit that the class certification and preliminary injunction should be overturned.

 

Status: Awaiting decision by the Seventh Circuit. 

 

One Wisconsin Institute v. Thomsen

 

A group of voters and organizations sued the members of the Government Accountability Board, claiming that 15 legislative acts affecting voting passed between 2011 and 2014 violated various constitutional provisions and/or the Voting Rights Act. The plaintiffs soughtthea total invalidation of all 15 laws.  The district court permanently enjoined some of the laws, while upholding others, based on various constitutional and statutory theories.  Both the State and the plaintiffs appealed that decision to the Seventh Circuit Court of Appeals.

 

Status:  Awaiting decision by the Seventh Circuit.

 

 

Litigation Closed: 
No