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Decision in Federal Court Case affects November 3 ballot deadlines – Decision Stayed

September 21, 2020 – Washington Co., WI – Municipal clerks across Washington County received word late Monday evening, Sept. 21, 2020 regarding an amended deadline that may affect the Nov. 3, 2020 ballot deadline. See documentation below from the Wisconsin Election Commission.

To

Wisconsin County Clerks
Wisconsin Municipal Clerks
City of Milwaukee Election Commission
Milwaukee County Election Commission

From

Meagan Wolfe, Administrator

This afternoon U.S. District Court Judge William M. Conley issued a preliminary injunction, opinion and order and in case known as Democratic National Committee, et al. v. Marge Bostelmann, et al. (Wisconsin Elections Commission).  This is a continuation of the case from the April 3 Spring Election that went up to the U.S. Supreme Court.

The most important thing for you to know immediately is that Judge Conley has stayed his order for seven days to provide defendants the opportunity to seek an emergency appeal.  The WEC is not the only defendant in the case. The Wisconsin Legislature, Republican National Committee, and Republican Party Of Wisconsin are intervening defendants, and have the right to appeal.

Because the order has been stayed pending appeal, clerks should not take any immediate action.  During the stay, the Commission will be analyzing the opinion so we can provide guidance to clerks and voters.

Attached for your information are Judge Conley’s preliminary injunction (which briefly summarizes the changes he has ordered) as well as the opinion and order, which explains his legal reasoning.

As soon as the order goes into effect, WEC staff will inform clerks of any steps they need to take to comply with the order.

November 3 ballot deadline
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