Great America PAC et al v. Wisconsin Elections Commission et al

Filing 17

ORDER: Plaintiffs' emergency motion for temporary restraining order 2 is denied. Plaintiffs' submissions are construed as a motion for a preliminary injunction. Defendants the Wisconsin Elections Commission and Michael Hass, and any parties granted leave to proceed as intervenors, may have until Wednesday, December 7, 2016, to respond to plaintiffs' motion. The court will hold a hearing on Friday, December 9, 2016, at 9:00 a.m. to hear argument on plaintiffs' motion. Signed by District Judge James D. Peterson on 12/2/16. (jat)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN

GREAT AMERICA PAC, STOP HILLARY PAC, and
RONALD R. JOHNSON,
Plaintiffs,
v.
WISCONSIN ELECTIONS COMMISSION and
MICHAEL HAAS,

ORDER
16-cv-795-jdp

Defendants.
Plaintiffs Great America PAC, Stop Hillary PAC, and Ronald R. Johnson filed this
case alleging that the statewide recount of the votes in the recent presidential election will
violate the equal protection clause and the due process clause of the United States
Constitution. Plaintiffs name as defendants the Wisconsin Elections Commission and its
administrator, Michael Haas, who are ultimately responsible for overseeing the recount.
Accompanying plaintiffs’ complaint is an emergency motion for a temporary restraining order
to enjoin the recount. Dkt. 2.
The court will deny the motion because plaintiffs have made no showing that they will
be irreparably harmed by allowing the recount to continue during the time it would take to
brief a motion for a preliminary injunction and give defendants an opportunity to respond to
plaintiffs’ motion. Fed. R. Civ. P. 65(b)(1) (To obtain a temporary restraining order without
prior notice to the adverse party, plaintiffs must show “that immediate and irreparable injury,
loss, or damage will result to the movant before the adverse party can be heard in
opposition[.]”). But enjoining the recount would very likely prevent defendants from
completing the recount by the deadline.

The court will take plaintiffs’ existing submissions as a motion for a preliminary
injunction, and it will set an expedited briefing schedule. Defendants may respond to
plaintiffs’ motion by Wednesday, December 7, 2016. The court will hold a hearing on
Friday, December 9, 2016, at 9:00 a.m., to hear argument. The court expects to rule on the
motion at the hearing.
One final point. Jill Stein, the candidate who requested the recount, may seek to
intervene. The court has not yet received such a motion from Stein, but if she files one, the
court intends to grant that motion immediately. Stein’s response to plaintiffs’ motion, should
she want to file one, will also be due Wednesday, December 7, 2016.

ORDER
IT IS ORDERED that:
1. Plaintiffs Great America PAC, Stop Hillary PAC, and Ronald R. Johnson’s
emergency motion for a temporary restraining order, Dkt. 2, is DENIED.
2. Plaintiffs’ submissions are construed as a motion for a preliminary injunction.
3. Defendants the Wisconsin Elections Commission and Michael Hass, and any
parties granted leave to proceed as intervenors, may have until Wednesday,
December 7, 2016, to respond to plaintiffs’ motion.

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4. The court will hold a hearing on Friday, December 9, 2016, at 9:00 a.m. to hear
argument on plaintiffs’ motion.
Entered December 2, 2016.
BY THE COURT:
/s/
________________________________________
JAMES D. PETERSON
District Judge

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