Hunter, Lisa et al v. Bostelmann, Marge et al
Filing
114
ORDER continuing the temporary stay until 12/6/2021. Signed by District Judge James D. Peterson, Circuit Judge Amy J. St. Eve and District Judge Edmond E. Chang on 11/17/2021. (jls)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
LISA HUNTER, JACOB ZABEL,
JENNIFER OH, JOHN PERSA, GERALDINE
SCHERTZ, and KATHLEEN QUALHEIM,
Plaintiffs,
and
BILLIE JOHNSON, ERIC O’KEEFE, ED PERKINS,
and RONALD ZAHN,
Intervenor-Plaintiffs,
v.
MARGE BOSTELMANN, JULIE M. GLANCEY,
ANN S. JACOBS, DEAN KNUDSON, ROBERT
F. SPINDELL, JR., and MARK L. THOMSEN, in
their official capacities as members of the
Wisconsin Elections Commission,
Defendants,
and
WISCONSIN LEGISLATURE,
Intervenor-Defendant,
and
CONGRESSMEN GLENN GROTHMAN,
MIKE GALLAGHER, BRYAN STEIL, TOM TIFFANY,
and SCOTT FITZGERALD,
Intervenor-Defendants,
and
GOVERNOR TONY EVERS,
Intervenor-Defendant.
ORDER
21-cv-512-jdp-ajs-eec
BLACK LEADERS ORGANIZING FOR
COMMUNITIES, VOCES DE LA FRONTERA,
the LEAGUE OF WOMEN VOTERS OF
WISCONSIN, CINDY FALLONA, LAUREN
STEPHENSON, and REBECCA ALWIN,
Plaintiffs,
v.
ORDER
MARGE BOSTELMANN, JULIE M. GLANCEY,
ANN S. JACOBS, DEAN KNUDSON, ROBERT
F. SPINDELL, JR., and MARK L. THOMSEN, in
their official capacities as members of the
Wisconsin Elections Commission, and
MEAGAN WOLFE, in her official capacity as the
administrator of the Wisconsin Elections Commission,
21-cv-534-jdp-ajs-eec
Defendants.
The court temporarily stayed these cases in October after the Wisconsin Supreme Court
granted a petition to commence an original action on redistricting. Dkt. 103.1 As requested by
this court, the parties have submitted a status report on the proceedings in the supreme court.
Dkt. 113.
The parties’ status report and the supreme court’s docket show progress in the supreme
court since this court issued the temporary stay. The supreme court requested, and the parties
provided, substantial briefing on several issues raised by the supreme court, including the
process the court should use to establish legislative maps and the factors it should consider in
doing so. Dkt. 110-3. The parties apparently have also complied with the request to identify
disputed issues of fact and law and to propose a procedure for resolving those disputes. Joint
1
Docket citations in this order are to the entries in Case No. 21-cv-512.
2
Stipulation of Facts and Law, Johnson v. Wisconsin Election Comm’n, No. 2021AP1450-OA (Nov.
4, 2021).
It appears from the parties’ filings in both proceedings that they are raising the same
issues in the supreme court that they are raising in this court. In light of the progress in the
supreme court, this court declines to lift the stay at this time. The supreme court has not yet
established a schedule or otherwise committed to resolving the Johnson petition by a particular
date, but it has provided no indication that it will be unwilling or unable to resolve all issues
before it in a timely manner. The Wisconsin legislature and the governor have not yet enacted,
or failed to enact, any maps, although based on news reports, that step is not far off. We would
expect that the supreme court, now that it has the parties’ submissions before it, will soon
provide some details about the process and the schedule it will apply to the Johnson petition.
Still, this court understands that Wisconsin’s legislative maps must be established in
only a few months, absent an adjustment to the nomination-papers circulations start date. The
court must stand ready to adjudicate the issues raised in these cases, should the state fail to do
so. Accordingly, the court cannot stay these cases indefinitely. The court will continue the stay
until December 6, 2021. At that time, this court will reevaluate whether it is necessary to open
expert discovery to prepare for the possibility of resolution of these cases in federal court. This
stay should give the supreme court time to set a course for its proceedings.
3
ORDER
IT IS ORDERED that the temporary stay is continued until December 6, 2021.
Entered November 17, 2021.
BY THE COURT:
/s/________________________________________
JAMES D. PETERSON
District Judge
/s/________________________________________
AMY J. ST. EVE
Circuit Judge
/s/________________________________________
EDMOND E. CHANG
District Judge
4
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