STATE v. WISCONSIN ELECTIONS COMMISSION

Nos. 2019AP2397 & 2020AP112.

957 N.W.2d 208 (2021)

2021 WI 32

STATE of Wisconsin EX REL. Timothy ZIGNEGO, David W. Opitz and Frederick G. Luehrs, III, Plaintiffs-Respondents-Petitioners, v. WISCONSIN ELECTIONS COMMISSION, Marge Bostelmann, Julie Glancey, Ann Jacobs, Dean Knudsen and Mark Thomsen, Defendants-Appellants.

Supreme Court of Wisconsin.

Opinion Filed: April 9, 2021.


Attorney(s) appearing for the Case

For the plaintiffs-respondents-petitioners, there were briefs filed by Lucas T. Vebber , Richard M. Esenberg , Brian McGrath , Anthony LoCoco , and Wisconsin Institute for Law & Liberty, Milwaukee. There was an oral argument by Richard M. Esenberg.

For the defendants-appellants, there was a brief filed by Karla Z. Keckhaver , Steven C. Kilpatrick , and Colin T. Roth , assistant attorneys general; with whom on the brief was Joshua L. Kaul , attorney general. There was an oral argument by Joshua L. Kaul.

An amicus curiae brief was filed on behalf of Felicia Ellzey, Marangelly Quintana Feliciano, Jennifer Hagen & SEIU Wisconsin State Council by Jeffrey A. Mandell , Kurt M. Simatic , and Stafford Rosenbaum LLP, Madison; with whom on the brief was Stacie H. Rosenzweig and Halling & Cayo, S.C., Milwaukee.

An amicus curiae brief was filed on behalf of League of Women Voters of Wisconsin by Douglas M. Poland and Rathje Woodward LLC, Madison; with whom on the brief was Jon Sherman and Fair Elections Center, Washington, District of Columbia.

An amicus curiae brief was filed on behalf of The Public Interest Legal Foundation by Eric J. Hatchell and Foley & Lardner LLP, Madison; with whom on the brief was Kaylan Phillips and Public Interest Legal Foundation, Indianapolis, Indiana.

HAGEDORN, J., delivered the majority opinion of the Court, in which ROGGENSACK, C.J., ANN WALSH BRADLEY, DALLET, and KAROFSKY, JJ., joined. REBECCA GRASSL BRADLEY, J., filed a dissenting opinion, in which ZIEGLER, J., joined.


¶1 Wisconsin law requires that its statewide voter registration list be updated regularly. Before us is a dispute over one kind of voter-registration cleanup prescribed by law: a statute requiring that the registration status of eligible voters ("electors" in the words of the statute) be changed when officials receive reliable...

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