6
REPUBLICAN NATIONAL COMMITTEE v.
DEMOCRATIC NATIONAL COMMITTEE
GINSBURG, J., dissenting
stay applicants, election-distorting gamesmanship might
occur if ballots could be cast after initial results are published. But obviating that harm, the District Court enjoined the publication of election results before April 13, the
deadline for returning absentee ballots, and the Wisconsin
Elections Commission directed election officials not to publish results before that date. 5
The concerns advanced by the Court and the applicants
pale in comparison to the risk that tens of thousands of voters will be disenfranchised. Ensuring an opportunity for
the people of Wisconsin to exercise their votes should be our
paramount concern.
*
*
*
The majority of this Court declares that this case presents a “narrow, technical question.” Ante, at 1. That is
wrong. The question here is whether tens of thousands of
Wisconsin citizens can vote safely in the midst of a pandemic. Under the District Court’s order, they would be able
to do so. Even if they receive their absentee ballot in the
days immediately following election day, they could return
it. With the majority’s stay in place, that will not be possible. Either they will have to brave the polls, endangering
their own and others’ safety. Or they will lose their right to
vote, through no fault of their own. That is a matter of utmost importance—to the constitutional rights of Wisconsin’s citizens, the integrity of the State’s election process,
and in this most extraordinary time, the health of the Nation.
——————
5 Memorandum from M. Wolfe, Administrator of the Wisconsin Elections Commission, to Wisconsin Municipal Clerks et al.
(Apr.
3,
2020),
https://elections.wi.gov/sites/elections.wi.
gov/files/2020-04/Clerk%20comm%20re.%20court%20decisions%204.3.pdf.