JEFFERSON v. DANE COUNTY

No. 2020AP557-OA.

951 N.W.2d 556 (2020)

2020 WI 90

Mark JEFFERSON and the Republican Party of Wisconsin, Petitioners, v. DANE COUNTY, Wisconsin and Scott McDonell in his official capacity as Dane County Clerk, Respondents, Disability Rights Wisconsin, Intervenor-Respondent.

Supreme Court of Wisconsin.

Opinion Filed: December 14, 2020.


Attorney(s) appearing for the Case

For the petitioners briefs were filed by Eric M. Lawless , Lane E. Ruhland , Lisa M. Lawless and Husch Blackwell LLP, Madison and Milwaukee. Oral argument presented by Eric M. McLeod .

For the respondents a brief was filed by David R. Gault , Office of the Dane County Corporation Counsel, Madison. Oral argument presented by David R. Gault .

For the intervenor-respondent, a brief was filed by Jeffrey A. Mandell , Douglas M. Poland , Kurt M. Simatic and Stafford Rosenbaum LLP, Madison. Oral Argument was presented by Jeffrey A. Mandell .

An amicus curiae brief was filed on behalf of the Legislature by Misha Tseytlin , Kevin M. Leroy , and Troutman Sanders LLP.

ROGGENSACK, C.J., delivered the majority opinion of the Court, in which ZIEGLER, REBECCA GRASSL BRADLEY, and HAGEDORN, JJ., joined, and in which DALLET and KAROFSKY, JJ., joined with respect to Parts II.C. and II.D.1. ANN WALSH BRADLEY, J., filed an opinion concurring in part, and dissenting in part. DALLET, J., filed an opinion concurring in part, and dissenting in part, in which KAROFSKY, J., joined.


¶1 We review Mark Jefferson and the Republican Party of Wisconsin's (collectively "Petitioners") Petition for Original Action that seeks a declaration that (1) Respondents lack the authority to issue an interpretation of Wisconsin's election law allowing all electors in Dane County to obtain an absentee ballot...

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