2
REPUBLICAN NATIONAL COMMITTEE v.
DEMOCRATIC NATIONAL COMMITTEE
GINSBURG, J., dissenting
spread.” Id., at ___, 2020 WL 1638374, *3. On March 24,
the Governor ordered Wisconsinites to stay at home until
April 24 to slow the spread of the disease. Ibid.
Because gathering at the polling place now poses dire
health risks, an unprecedented number of Wisconsin voters—at the encouragement of public officials—have turned
to voting absentee. Id., at ___, 2020 WL 1638374, *4. About
one million more voters have requested absentee ballots in
this election than in 2016. Ibid. Accommodating the surge
of absentee ballot requests has heavily burdened election
officials, resulting in a severe backlog of ballots requested
but not promptly mailed to voters. Id., at ___–___, 2020 WL
1638374, *4–*5.
B
Several weeks ago, plaintiffs—comprising individual
Wisconsin voters, community organizations, and the state
and national Democratic parties—filed three lawsuits
against members of the Wisconsin Elections Commission in
the United States District Court for the Western District of
Wisconsin. 1 The District Court consolidated the suits on
March 28. The plaintiffs sought several forms of relief, all
aimed at easing the effects of the COVID–19 pandemic on
the upcoming election.
After holding an evidentiary hearing, the District Court
issued a preliminary injunction on April 2. As relevant
here, the court concluded that the existing deadlines for absentee voting would unconstitutionally burden Wisconsin
citizens’ right to vote. See Burdick v. Takushi, 504 U. S.
428, 434 (1992); Anderson v. Celebrezze, 460 U. S. 780, 789
(1983). To alleviate that burden, the court entered a twofold remedy. First, the District Court extended the deadline
for voters to request absentee ballots from April 2 to April
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1 The state and national Republican parties intervened as defendants.
The District Court denied intervention by the state legislature, which
the Seventh Circuit later allowed.