Preserving Democracy Project

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Our Constitution establishes the separation of powers to strengthen liberty and serve as a protection against government abuse. They are essential facets of our democracy.

Yet both are under attack by unelected bureaucrats and rogue government officials who have claimed for themselves more power and control than the people ever gave to them. As these power grabs become more and more frequent and the administrative state grows, it is more important than ever that everyday Americans fight back. The Preserving Democracy project at the Wisconsin Institute for Law & Liberty is the vanguard in that fight.

We fight to enforce structural limitations on government power.

We hold bureaucrats to the rule of law. Rogue government officials at the local, state and federal level who act beyond the authority given to them must be reined in. The Preserving Democracy project stands at the forefront of that fight, litigating cases in state and federal court to ensure that government officials act within their lawful authority.

WILL’s Preserving Democracy Project has a long track record of successes in state and federal courts both here in Wisconsin and nationwide.

Open Cases

Brown v. Wisconsin Elections Commission

Wisconsin State Law (Wis. Stat. § 6.855) provides that the office of the municipal clerk is the default location “to which voted absentee ballots shall be returned by electors for any election.” But there may be circumstances when the clerk’s office is unavailable for early, in person absentee voting.
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Concluded Cases

No results found.

Policy Work

Through the Preserving Democracy project we will continue to use all tools available to hold government officials accountable to the law.

The Preserving Democracy project will also include a robust public education component. Our liberties are secure and will endure only insofar as Americans value and uphold the principles and institutions that preserve them. Our “Citizens Guide to the Wisconsin Administrative State” was the start of this effort, We plan to continue and increase our efforts to inform and educate citizens about why our government is structured as it is and how the rule of law protects them.

Our work is not limited to just litigation. We have successfully overturned unlawful agency action by working through legislative oversight committees (such as when Wisconsin tried to put the pool-share company Swimply out of business), and regularly send demand letters to officials at all levels of government to ensure that they act within the law. Our policy team also works closely with our attorneys to produce timely research and advocate for opportunities to strengthen the separation of powers. 

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