The Supreme Court - April 7, 2020

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Republican National Committee v. Democratic National Committee, No. 19A1016: The State of Wisconsin’s primary election is set for today, April 7. Plaintiffs including the Democratic National Committee, Democratic Party of Wisconsin, and others, brought a suit against members of the Wisconsin Elections Commissions aimed at easing the effects of the COVID-19 pandemic on the election. The District Court issued a preliminary injunction order, which in relevant part, allowed absentee ballots to be accepted until April 13 regardless of the postmark date, where Wisconsin law otherwise required absentee ballots to be received by election day. The Republican National Committee and the Republican Party of Wisconsin sought to stay that order to the extent it would allow absentee ballots to be post-marked after election day, thereby extending the date by which ballots could be cast by voters. The Seventh Circuit declined to act on the stay request. Late yesterday, in a per curiam order, the Court stayed the District Court’s order granting a preliminary injunction to the extent it requires Wisconsin to count absentee ballots postmarked after April 7, the date of the State’s election. Justice Ginsburg dissented, joined by Justices Breyer, Sotomayor, and Kagan.

The Court's decision is available here.

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