There will be an election Tuesday.
The WI Supreme Court ruled 4-2 that the Gov. cannot order a delay in the election by his executive order. From the GOP court documents:
Whether the Governor can unilaterally suspend or otherwise amend the Wisconsin Statutes establishing the time of the spring election and the deadline for casting ballots in that election, as well as the terms of local government officials.
Defying numerous state-election statutes and his countless previous statements that he clearly lacks legal authority to cancel tomorrow’s election, the Governor announced moments ago—at the eleventh hour—that he was doing just that. The order is void for several, independent constitutional and statutory reasons, as the Governor has himself conceded. This Court should immediately issue an administrative stay of the Governor’s order, grant this original action, hold the order invalid, and enjoin enforcement of the Governor’s order as soon as possible, as this election and preparations for tomorrow’s voting are ongoing. Failure to do so will result in widespread voter confusion.
…the Governor does not have constitutional or statutory authority to modify, suspend or otherwise alter the statutes. Nor does the Governor have the constitutional or statutory authority to set the time, place and manner of elections. That authority belongs to the Legislature. Thus, Executive Order 74 is void to the extent that it suspends or otherwise alters the Wisconsin Statutes and the time, place and manner of elections as set by statute. It is also void to the extent it purports to alter or otherwise affect the terms of local-government officials. Given that the Governor’s order comes mere hours before the in-person election is set to begin, the Legislature will suffer irreparable harm if Executive Order 74 is not immediately enjoined. Moreover, such sweeping changes to an election made just before the election is set to begin will undoubtedly cause voter confusion and call into question the integrity of the electoral process.
Thus, the Legislature requests that this Court issue an immediate injunction of Executive Order 74.
Dated: April 6, 2020
RYAN J.WALSH State Bar No. 1091821Counsel of Record
AMY C.MILLER State Bar No. 1101533
EIMER STAHL LLP
Attorneys for the Wisconsin Legislature