Justia Wisconsin Supreme Court Opinion Summaries

Kenneth Brown filed a complaint with the Wisconsin Elections Commission (WEC) alleging that the in-person absentee voting procedures in Racine during the August 2022 primary election violated the law. Brown observed voting at City Hall and a local mall and believed the procedures were unlawful. WEC found no probable cause of a violation and declined to take action. Brown then appealed WEC’s decision to the Racine County Circuit Court.The circuit court determined that Brown had standing to bring the action, as the alleged invalid voting procedures impacted his right to vote. The court partially ruled in Brown’s favor, concluding that the Racine City Clerk’s choice of alternate voting sites violated statutory requirements and that the use of a mobile election unit was unlawful. WEC sought to appeal this decision, and the case was brought before the Wisconsin Supreme Court via a bypass petition.The Wisconsin Supreme Court reviewed whether Brown had standing to seek judicial review of WEC’s decision. The court interpreted Wisconsin Statute § 5.06(8), which allows for appeals from WEC’s decisions, and determined that to be “aggrieved” by a decision, an individual must suffer an injury to a legally recognized interest. The court found that Brown did not demonstrate any personal injury resulting from WEC’s decision, as he did not allege that the decision made it more difficult for him to vote or affected him personally.The court held that Brown was not “aggrieved” within the meaning of the statute and therefore did not have standing to seek judicial review. Consequently, the Wisconsin Supreme Court reversed the circuit court’s decision and remanded the case with instructions to dismiss Brown’s complaint. View "Brown v. Wisconsin Elections Commission" on Justia Law

The case involves a dispute between the Wisconsin Elections Commission (WEC) and certain legislators regarding the appointment of a new administrator for WEC. The legislators argued that the term of the current administrator, Meagan Wolfe, expired on July 1, 2023, and that WEC is required to appoint a new administrator. WEC contended that Wolfe could continue to hold over in her position until a new administrator is appointed and confirmed by the Senate.The Dane County Circuit Court granted WEC's motion for judgment on the pleadings and denied the legislators' motion. The court concluded that WEC does not have a duty to appoint a new administrator simply because the current administrator's term has expired. Instead, WEC is only required to appoint a new administrator if there is a vacancy in the position. The court also issued a permanent injunction preventing the legislators from taking any action contrary to its declarations.The Wisconsin Supreme Court reviewed the case on bypass. The court affirmed the circuit court's decision in part and remanded for further proceedings. The Supreme Court held that Wisconsin Statute § 15.61(1)(b)1. specifies that WEC must appoint an administrator by a majority vote of its members and with the Senate's confirmation. However, the statute imposes a duty on WEC to appoint a new administrator only if a vacancy occurs in the position. Since no vacancy existed, WEC did not have a duty to appoint a new administrator to replace Wolfe simply because her term had ended. View "Wisconsin Elections Commission v. LeMahieu" on Justia Law

David Morway sought review of an unpublished order by the court of appeals that dismissed his appeal as untimely. The appeal was against a May 24, 2023, circuit court order denying his motion to modify or terminate spousal maintenance. The court of appeals concluded that the order was final for purposes of appeal under WIS. STAT. § 808.03(1) and dismissed the appeal because David filed his notice of appeal outside the 90-day timeframe.In the Ozaukee County Circuit Court, David and Karen Morway were divorced in 2019, with David ordered to pay spousal maintenance. David filed a motion to modify the maintenance in May 2022 due to a change in his employment circumstances. The family court commissioner reduced David’s maintenance obligation, but Karen appealed. The circuit court held a trial and denied David’s motion to modify or terminate maintenance in an oral decision on April 19, 2023, which was later memorialized in the May 24 order. Karen’s post-trial motion for attorney fees based on overtrial was also denied at that time.The Wisconsin Supreme Court reviewed the case and determined that the May 24 order was final because it disposed of the entire matter in litigation, specifically David’s motion to modify or terminate maintenance. The court held that the order was unambiguous in its finality, despite lacking an explicit finality statement. The court affirmed the court of appeals' decision, concluding that David’s notice of appeal was not timely filed within the 90-day period, and thus, the court of appeals properly dismissed the appeal for lack of jurisdiction. View "Morway v. Morway" on Justia Law

The Wisconsin Voter Alliance filed identical petitions for writ of mandamus against the registers in probate for 13 circuit courts in Wisconsin, seeking access to Notice of Voting Eligibility (NVE) forms under Wisconsin’s public records law. These forms document when a court finds an individual incompetent to vote. The Alliance argued that they needed this information to ensure the Wisconsin Elections Commission (WEC) was updating voter records accurately.The Walworth County Circuit Court dismissed the Alliance’s petition, agreeing with the register in probate, Kristina Secord, that the NVE forms were exempt from disclosure under Wisconsin Statute § 54.75. The Alliance appealed to the Court of Appeals, District II. Meanwhile, the Court of Appeals, District IV, had already ruled in a similar case (Reynolds) that NVE forms were exempt from disclosure under the same statute, affirming the Juneau County Circuit Court’s dismissal of the Alliance’s petition.In the current case, the Court of Appeals, District II, issued a split opinion. The majority held that the Alliance was entitled to the NVE forms, possibly with redactions, and reversed the circuit court’s dismissal. However, the Wisconsin Supreme Court reviewed the case and found that District II violated the precedent set by Cook v. Cook, which mandates that the Court of Appeals must follow prior published opinions unless overruled by the Supreme Court.The Wisconsin Supreme Court held that District II was bound by the Reynolds decision and should have either certified the appeal to the Supreme Court or adhered to the prior opinion while expressing its disagreement. Consequently, the Supreme Court reversed the decision of the Court of Appeals, District II, and remanded the case with instructions to follow the precedent established in Reynolds. View "Wisconsin Voter Alliance v. Secord" on Justia Law

Robert F. Kennedy, Jr. and Nicole Shanahan submitted nomination papers to the Wisconsin Elections Commission (WEC) to run as independent candidates for President and Vice President in the November 2024 election. On August 23, 2024, Kennedy requested to withdraw his candidacy, but WEC denied his request based on Wisconsin law, which states that a candidate who has filed nomination papers cannot decline the nomination unless they die. Consequently, WEC included Kennedy's name on the certified list of candidates.Kennedy sought judicial review of WEC's decision in the Dane County Circuit Court and filed a motion for a temporary injunction to remove his name from the ballot. The circuit court denied the motion, concluding that Kennedy had not demonstrated irreparable harm, that the injunction would alter the status quo, and that he had no reasonable probability of success on the merits. The court also found that Kennedy's constitutional claims lacked legal merit.The Wisconsin Supreme Court reviewed the circuit court's decision to deny the temporary injunction. The Supreme Court's task was to determine whether the circuit court had properly exercised its discretion. The Supreme Court concluded that Kennedy failed to demonstrate that the circuit court had erred in its decision. Specifically, Kennedy did not adequately argue that the circuit court misinterpreted the relevant statute or that his constitutional claims had merit. As a result, the Supreme Court affirmed the circuit court's order denying the temporary injunction. View "Kennedy v. Wisconsin Elections Commission" on Justia Law

The case involves M.A.C., a homeless individual with mental health disorders, who was involuntarily committed in Waukesha County in 2020. In 2022, the County sought to extend M.A.C.'s commitment. However, M.A.C. was not present at the recommitment hearing, and her appointed counsel had been unable to contact her. The circuit court found M.A.C. in default and ordered her to be recommitted and involuntarily medicated. M.A.C. appealed, challenging the recommitment and involuntary medication orders on three grounds: lack of individual notice of the hearings, the unavailability of default judgment in such hearings, and insufficient evidence for her involuntary medication.The case was initially reviewed by the Court of Appeals, which affirmed the circuit court's orders. The Court of Appeals relied heavily on a previous case, Waukesha County v. S.L.L., to uphold the circuit court's decisions. M.A.C. then appealed to the Supreme Court of Wisconsin.The Supreme Court of Wisconsin reversed the decision of the Court of Appeals. The court held that under Wisconsin statutes, a subject individual is entitled to notice of recommitment and involuntary medication hearings, and providing notice to counsel only is not sufficient. The court also held that default judgment is not available for recommitment or involuntary medication hearings under Wisconsin statutes. Finally, the court found that the County failed to provide sufficient evidence for M.A.C.'s involuntary medication. The court overruled the contrary holdings of the S.L.L. case. View "Waukesha County v. M.A.C." on Justia Law

The case involves a challenge to several voting requirements in Wisconsin, including the requirement that absentee ballots be returned only by mail or in person to the clerk's office and not to a secure drop box. The Circuit Court for Dane County dismissed the claim related to the drop box, citing a previous decision, Teigen v. Wisconsin Elections Commission, which determined that the use of ballot drop boxes was not allowed under Wisconsin law.The Supreme Court of Wisconsin, however, disagreed with the lower court's interpretation of the law. The Supreme Court found that the language of the relevant statute, Wisconsin Statute § 6.87(4)(b)1, allows for the use of ballot drop boxes. The court noted that the statute requires that a completed absentee ballot be "mailed by the elector, or delivered in person, to the municipal clerk issuing the ballot or ballots." The court interpreted this to mean that delivering a ballot to a drop box is a means of delivering it in person "to the municipal clerk."The court also rejected the argument that the use of drop boxes contravenes the legislative policy expressed in Wisconsin Statute § 6.84(1), which states that absentee balloting must be "carefully regulated." The court found that drop boxes are a form of regulation and are consistent with the decentralized system of election administration in Wisconsin.The Supreme Court of Wisconsin therefore reversed the order of the Circuit Court for Dane County dismissing the claim related to the drop box and remanded the case back to the lower court to reinstate the claim. View "Priorities USA v. Wisconsin Elections Commission" on Justia Law

The Supreme Court of Wisconsin ruled that certain legislative review provisions governing the Knowles-Nelson Stewardship Program, a land conservation initiative, were unconstitutional. The provisions in question allowed the Joint Committee on Finance (JFC), a legislative committee, to review and potentially block expenditures exceeding $250,000 or for land acquisitions outside of a project boundary, even after the legislature had already appropriated the funds.The case was brought by Governor Tony Evers and several state departments, who argued that these provisions violated the separation of powers by allowing the legislature to intrude on the executive branch's power to execute the law. The legislative respondents defended the statutes, arguing that they were necessary for overseeing the executive branch's expenditure of state funds.The Supreme Court of Wisconsin disagreed with the legislative respondents, ruling that the provisions unconstitutionally authorized the legislative branch to impede the executive's core power to execute the law. The court held that once the legislature appropriates funds for a particular purpose, the executive branch possesses the power to distribute those funds in accordance with the purposes outlined by the legislature. The court concluded that the legislative review provisions violated the separation of powers structurally enshrined in the Wisconsin Constitution. View "Evers v. Marklein" on Justia Law

The case involves a harassment injunction issued against Brian Aish, an anti-abortion protestor, for statements he made to Nancy Kindschy, a nurse practitioner at a family planning clinic. Aish regularly protested outside the clinics where Kindschy worked, initially expressing his Christian and anti-abortion beliefs broadly. However, in 2019, Aish began directing his comments towards Kindschy, which she perceived as threatening. Kindschy petitioned for a harassment injunction under Wisconsin law, which allows for an injunction if there are "reasonable grounds to believe that the respondent has engaged in harassment with intent to harass or intimidate the petitioner."The circuit court heard two days of testimony and found that Aish's statements were intimidating and did not serve a legitimate purpose. The court issued a four-year injunction prohibiting Aish from speaking to Kindschy or going to her residence or any other premises temporarily occupied by her. Aish appealed, but the court of appeals affirmed the issuance of the injunction.The Supreme Court of Wisconsin reversed the decision of the court of appeals and remanded the case to the circuit court with instructions to vacate the injunction. The court concluded that the injunction was a content-based restriction on Aish's speech and therefore violated his First Amendment right to free speech. The court held that the injunction failed to satisfy either of the two standards required for such a restriction to comply with the First Amendment: (1) Aish's statements were not "true threats" and he did not "consciously disregard a substantial risk that his statements would be viewed as threatening violence," or (2) the injunction did not satisfy strict scrutiny, meaning it was not narrowly tailored to achieve a compelling state interest. View "Kindschy v. Aish" on Justia Law

This case involves the termination of parental rights of a father, B.W., to his son, Bob. The State of Wisconsin filed a petition to terminate B.W.'s parental rights on the grounds that Bob was a child in continuing need of protection or services and that B.W. failed to assume parental responsibility. B.W. entered a no-contest plea to the grounds for termination. At the dispositional hearing, the court terminated B.W.'s parental rights, finding it was in Bob's best interest.B.W. filed a post-disposition motion to withdraw his no-contest plea, arguing that the plea colloquy was defective because the court miscommunicated the burden of proof required at the dispositional phase. He also argued that the court improperly relied on the proposed adoptive parent's assurance that she would allow B.W. to continue to visit Bob. The circuit court denied the motion, and the court of appeals affirmed.The Supreme Court of Wisconsin affirmed the lower courts' decisions. The court found that B.W. failed to make a prima facie showing that the plea colloquy was defective. The court also concluded that the circuit court did not erroneously exercise its discretion by relying on the proposed adoptive parent's testimony. The court held that the circuit court properly exercised its discretion, considering the testimony and weighing the statutory dispositional factors. View "State v. B. W." on Justia Law