Zignego et al v. Wisconsin Election Commission et al
Case Name: Zignego et al v. Wisconsin Election Commission et al
Type of Case: Declaratory Judgment; Good Government
Court: Ozaukee County Circuit Court, Wisconsin Court of Appeals, Wisconsin Supreme Court
Filed On: November 13, 2019
Current Status: Circuit Court granted the Writ of Mandamus, Reversed at Court of Appeals, Currently pending before the Supreme Court
Wisconsin must maintain accurate and up-to-date voter registrations precisely because our state has made it easy to vote and easy to register. Ensuring that voters are voting from the proper residence is critical because:
- The state has an obvious interest in only counting the ballots of eligible voters.
- It enfranchises voters by reducing the likelihood of lines and confusion at the polls.
- It allows election administrators with the ability to better plan for election day.
To this end, Wisconsin law has established procedures to ensure and maintain accurate voter rolls. Wisconsin participates with 28 other states in the Electronic Registration Information Center (ERIC). ERIC flags “movers” – individuals who report an official government transaction from an address different than their voter registration address – to state election agencies.
The Wisconsin Election Commission first reviews the information on “movers” for accuracy and reliability. State law then provides specific direction to WEC on how to handle “movers” flagged by ERIC.
- WEC is to send a notice to the mover at the address of their voter registration.
- A voter has 30 days to affirm whether they still live at the address.
- If the voter affirms they live at the address – by returning the postcard or completing a brief form online – nothing happens.
- If the voter takes no action for 30 days, WEC is to change the voter’s registration status from eligible to ineligible.
But on June 11, 2019 the Wisconsin Election Commission decided, contrary to state law, that changes in eligibility for a voter flagged as a “mover” by ERIC will not occur for 12 to 24 months.
WILL filed a complaint, on behalf of three Wisconsin voters, to the Wisconsin Election Commission on October 16, 2019 explaining how the adopted policy change is contrary to state law. WEC dismissed WILL’s complaint, without ever dealing with the merits.
- PDF: Complaint with Exhibits
- PDF: Plaintiff’s Motion For Temporary Injunction or Writ of Mandamus
- PDF: Plaintiff’s Brief in Support of Temp Injunction or Writ of Mandamus
- PDF: McGrath Affidavit of Lucas Vebber
- PDF: Affidavit of Lucas Vebber
- PDF: League of Women Voter of Wisconsin’s Brief in Support of Motion to Intervene
- PDF: Non-WI Authorities Cited in Proposed Intervenor-Defendant League of Women Voters of Wisconsin
- PDF: Defendants Response Brief Opposing Plaintiffs Motion for Temporary Injunction
- PDF: Notice of Proposed Intervenor League of Women Voters of WI to File Brief
- PDF: Plaintiff’s Response Brief in Opposition to League of Women Voter’s Intervention Motion
- PDF:Plaintiff’s Reply Brief in Support of Motion for Temp Injunction or Writ of Mandamus
- PDF: Supplemental Affidavit of Meagan Wolfe
- PDF: League of Women Voters’ Brief in Support of Motion to Intervene
- PDF: League of Women Voters Amended Notice to Intervene