Democratic National Committee v. Bostelmann

Federal 7th Circuit Court
Civil Court
Election Law
Citation
Case Number: 
Nos. 20-2835 & 20-2844 Cons.
Decision Date: 
October 8, 2020
Federal District: 
W.D. Wisc.
Holding: 
Motion for stay granted

Ct. of Appeals granted defendant’s-Wisconsin Legislature’s motion to stay injunction imposed by Dist. Ct. that essentially extended certain deadlines for online and mail in registration, enforcement of requirement that clerk mail all ballots and receipt of mailed ballots. Wisconsin Legislature has standing to represent State of Wisconsin’s interest in validity of state laws (as found by Wisconsin Supreme Court), and Dist. Ct. should not have entered instant injunction only six weeks prior to November election. Moreover, Ct. observed that: (1) although pandemic has had consequences on elections, instant extension of deadlines was difficult to justify, where voters have already had long time to cast ballots while preserving social distancing; and (2) decisions on how best to cope with difficulties caused by pandemic are principally reserved for elected branch of government as opposed to courts. (Dissent filed.)