TEIGEN v. WISCONSIN ELECTIONS COM'N

No. 2022AP91.

976 N.W.2d 519 (2022)

2022 WI 64

Richard TEIGEN and Richard Thom, Plaintiffs-Respondents-Petitioners, v. WISCONSIN ELECTIONS COMMISSION, Defendant-Co-Appellant, Democratic Senatorial Campaign Committee, Intervenor-Defendant-Co-Appellant, Disability Rights Wisconsin, Wisconsin Faith Voices for Justice and League of Women Voters of Wisconsin, Intervenors-Defendants-Appellants.

Supreme Court of Wisconsin.

Opinion Filed: July 8, 2022.


Attorney(s) appearing for the Case

For the defendant-co-appellant, there were briefs filed by Steven C. Kilpatrick , assistant attorney general, with whom on the briefs was Joshua L. Kaul , attorney general. There was an oral argument by Steven C. Kilpatrick .

For the intervenor-defendant-co-appellant, there were briefs filed by Charles G. Curtis, Jr. , Michelle M. (Umberger) Kemp , Will M. Conley , John M. Devaney , Elisabeth C. Frost , and Perkins COie, LLP, Madison and Washington, D.C., and Elias Law Group LLP, Washington, D.C. There was an oral argument by Charles G. Curtis .

For the intervenors-defendants-appellants, there were briefs filed by Jeffrey A. Mandell , Douglas M. Poland , Rachel E. Snyder , Carly Gerads , Scott B. Thompson , Mel Barnes , and Stafford Rosenbaum LLP, Madison, and Law Forward, Inc., Madison. There was an oral argument by Jeffrey A. Mandell .

For the plaintiffs-respondents-petitioners, there was a brief filed by Richard M. Esenberg , Brian W. McGrath , Luke N. Berg , Katherine D. Spitz , and Wisconsin Institute for Law & Liberty, Milwaukee. There was an oral argument by Richard M. Esenberg .

An amicus curiae brief was filed by James R. Troupis , Joseph W. Voiland , and Troupis Law Office, Cross Plains, and Veterans Liberty Law, Cedarburg, for Senator Ron Johnson. There was an oral argument by James R. Troupis .

An amicus curiae brief was filed by James Bopp, Jr. , Michael D. Dean , and James Madison Center for Free Speech, Terre Haute, and First Freedoms Foundation, Brookfield, for True the Vote, Inc.

An amicus curiae brief was filed by Cameron T. Norris , James P. McGlone , Matthew M. Fernholz , and Consovoy McCarthy PLLC, Arlington, and Gramer, Multhauf & Hammes, LLP, Racine, for Honest Elections Project.

An amicus curiae brief was filed by Kurt A. Goehre and Conway, Olejniczak & Jerry S.C., Green Bay, for the Republican National Committee, the National Republican Senatorial Committee, and the Republican Party of Wisconsin.

An amicus curiae brief was filed by Claire Silverman and Maria Davis for the League of Wisconsin Municipalities.

REBECCA GRASSL BRADLEY, J., delivered the majority opinion of the Court with respect to ¶¶4-10, 12-13, 52-63, and 73-85, in which ZIEGLER, C.J., ROGGENSACK, and HAGEDORN, JJ., joined, and an opinion with respect to ¶¶1-3, 11, 14-51, 64-72, 86, n.29, and 87, in which ZIEGLER, C.J., and ROGGENSACK, J., joined. ROGGENSACK, J., filed a concurring opinion. REBECCA GRASSL BRADLEY, J., filed a concurring opinion, in which ZIEGLER, C.J., and ROGGENSACK, J., joined. HAGEDORN, J., filed a concurring opinion. ANN WALSH BRADLEY, J., filed a dissenting opinion, in which DALLET and KAROFSKY, JJ., joined.


¶1 This case concerns two documents created by employees of the Wisconsin Elections Commission ("WEC"). These documents authorize municipal clerks and local election officials to establish ballot drop boxes. According to one of the documents:

A drop box is a secure...

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