PROSSER v. ELECTIONS BD.

No. 92-C-0078-C.

793 F.Supp. 859 (1992)

David T. PROSSER, Jr., Randall J. Radtke, Robert T. Welch, each individually and as members of the Wisconsin State Assembly; Michael G. Ellis, Donald K. Stitt, Brian D. Rude and Margaret A. Farrow, each individually and as members of the Wisconsin State Senate; Derek Kenner, Jacqueline D. Schellinger, Hafeezah Ahmad, Kent Vernon and Perfecto Rivera, each individually, Plaintiffs, Richard Collins, individually and in his official capacity as President of the Wisconsin Education Association Council; George Williams, individually; Wisconsin Education Association Council, African-American Coalition for Empowerment and Barbara White; and District Councils 24, 40 and 48, AFSCME, AFL-CIO, Intervening Plaintiffs, v. ELECTIONS BOARD, an independent agency of the State of Wisconsin; Gordon Baldwin, Barbara Kranig, J. Curtis McKay, John Niebler, Brandon Scholz, Brent Smith, Kit Sorenson and Mark E. Sostarich, in their official capacities as members of the Elections Board of the State of Wisconsin; Board of State Canvassers, an independent agency of the State of Wisconsin; Gordon Baldwin, James E. Doyle, Cathy S. Zeuske, Marilyn L. Graves, in their official capacities as members or potential members of the Board of State Canvassers, Defendants, and Walter J. Kunicki, individually and as Speaker of the Wisconsin Assembly, and Fred A. Risser, individually and as President of the Wisconsin Senate; Gary R. George, individually and as a member of the Wisconsin State Senate; Annette (Polly) Williams, individually and as a member of the Wisconsin State Assembly; Miguel Berry, Abel Ortiz, and Rosa M. Dominguez; G. Spencer Coggs; Marcia P. Coggs, Intervening Defendants.

United States District Court, W.D. Wisconsin.

June 2, 1992.


Attorney(s) appearing for the Case

James R. Troupis, Michael, Best & Friedrich, Madison, Wis., for David T. Prosser, Jr., Randall J. Radtke, Robert T. Welch, Michael G. Ellis, Donald K. Stitt, Brian D. Rude, Margaret A. Farrow, Derek Kenner, Jacqueline D. Schellinger, Hafeezah Ahmad, Kent Vernon, Perfecto Rivera.

Peter C. Anderson, Asst. Atty. Gen., Madison, Wis., for Elections Bd., Gordon Baldwin, Barbara Kranig, J. Curtis McKay, John Niebler, Brandon Scholz, Brent Smith, Kit Sorenson, Mark E. Sostarich, Board of State Canvassers, James E. Doyle, Cathy S. Zeuske, Marilyn L. Graves, Nathan S. Heffernan.

Robert H. Friebart, Brian R. Smigelski, Milwaukee, Wis., for Wisconsin Educ. Ass'n, Richard Collins, George Williams.

Ronald P. Huntley, Huntley & Associates, Milwaukee, Wis., for ACE, Barbara A. White.

Bruce Ehlke, Madison, Wis., for AFSCME, AFL-CIO.

Jeffrey Kassel, Lafollette & Sinykin, Madison, Wis., for Walter J. Kunicki.

William P. Dixon, Davis, Miner, Barnhill & Galland, Madison, Wis., for Fred A. Risser.

Calvin Eleby, Madison, Wis., for Gary R. George.

Anne T. Sulton, Sulton Law Office, Madison, Wis., for Annette Williams.

Nancy C. Wettersten, Madison, Wis., for Miguel Berry.

Michael P. May, Joyce L. Kiel, Boardman, Suhr, Curry & Field, Madison, Wis., for Abel Ortiz, Rosa M. Dominguez.

Celia M. Jackson, Wilson, Broadnax, Owens & Jackson, Milwaukee, Wis., for G. Spencer Coggs.

Marcia P. Coggs, pro se.

Before POSNER, Circuit Judge, CRABB, Chief Judge, and CURRAN, District Judge.


OPINION AND ORDER

PER CURIAM.

In the spring of 1991, the Census Bureau furnished the State of Wisconsin with a detailed breakdown of the results of the 1990 decennial census. The breakdown showed that as a result of population shifts since the 1980 decennial census, the Wisconsin legislature was malapportioned — the shifts had produced large discrepancies in population between districts. The shifts had probably caused a violation of the Voting Rights...

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