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Page 7 April 6, 2020 2020AP608-OA Wisconsin Legislature v. Evers With the decision of the majority, democracy takes a step backwards. Paying no heed to the warnings or the science, the majority circumvents the law, while disenfranchising voters and putting at risk the health and safety of our fellow Wisconsinites. Accordingly, I dissent. I am authorized to state that Justice REBECCA FRANK DALLET joins this dissent. Sheila T. Reiff Clerk of Supreme Court

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Wisconsin Legislature v. Evers (state Supreme Court Decision, please see United States Supreme Court order on the application for stay)

Judgment

Question Presented: Whether the Governor may suspend election laws two days before the election?

Alleged Acts: Two days before the Wisconsin election, the Governor suspended in-person voting in light of the COVID-19 pandemic via an Executive Order.

Summary: The executive order sought to override mandatory election dates, procedures, and officeholder terms. The Wisconsin Constitution art. V contains explicit provisions for contagious diseases, but limit the Governor's involvement to relocated the legislature. In sharp contrast to states who grant the Governor broad power, the Wisconsin Supreme Court does not do so. Further, remedy could be achieved through the legislative process to move or otherwise modify the election due to the pandemic.

Conclusion: Modification of the election laws requires an ordinary legislative process and the Wisconsin Governor lacks the ability to modify election law by an Executive Order.

Legal Issue(s)

Accessibility
Electoral Integrity
Health Concerns & Election Administration

Applicable Law(s): Exec. Order No. 74 (Wis.); Wis. Const. art. IV, V.

Region: Americas

Country: United States of America

Language of Decision

English

Court: Supreme Court

Election Type: General

Date of decision: Apr 6, 2020

Geolocation

Latitude: 43.07869477079261

Longitude: -89.3609456818965

: Geolocation

Primary Documents

Wisconsin Legislature v. Evers.pdf
English
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Election Judgments - IFES

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Wisconsin Legislature v. Evers (state Supreme Court Decision, please see United States Supreme Court order on the application for stay)

Primary Documents

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