WILL represents Wisconsin voters in legal dispute over voting eligibility

The Wisconsin Institute for Law & Liberty (WILL) has filed an amicus curiae brief on behalf of a Green Party voter and a Libertarian (who wishes to consider third-party presidential candidates who could be excluded by the process proposed in the petition) in a case brought by a Democratic National Committee (DNC) staffer to exclude Green Party candidate Jill Stein from the Wisconsin presidential ballot.

As previously reported by the Wisconsin Law Journal, the Wisconsin Supreme Court on Thursday granted a petition from the Democratic National Committee seeking to hear a lawsuit challenging the Green Party's presidential nomination on the state ballot in November.

WILL's attorney pointed out that the DNC filed a lawsuit in the Wisconsin Supreme Court just days before the ballots were printed.

“This action is undemocratic and the relief sought is unprecedented. WILL filed this brief under an expedited deadline set by the Wisconsin Supreme Court that gave the parties and amicus only one day to resolve important legal issues,” WILL said in a written statement Friday.

Skylar Croy, Associate Counsel at WILL, added, “This legal maneuver by the DNC is a real disservice to democracy and the Wisconsin Supreme Court should not tolerate it. The DNC is trying to rush the Supreme Court litigation process to rig the election in favor of their candidate. The court's decision to take this case should not be taken lightly, and it is critical that they consider the gravity of such a last-minute decision and the potential to sow doubt about the election.”

WILL client Travis Kobs said, “I strongly oppose the measures proposed by Mr. Strange on behalf of the Democratic Party. I believe that voters' right to elect candidates who align with their beliefs should not be restricted, as I believe Mr. Strange intends to do. I ask the court to guarantee that our voting access in Wisconsin is not limited to the Democratic and Republican parties.”

WILL customer Rita Maniotis noted, “I am a proud member of the Green Party and vote for candidates who represent my values ​​and interests. It is honestly unbelievable that the Democratic Party views my vote as a pawn in their political game.”

In the brief, obtained by the Wisconsin Law Journal, WILL noted that the U.S. Supreme Court has stated that access to the ballot must be truly open to all under reasonable conditions. The DNC is proposing a new interpretation of Wis. Stat. § 8.18 that would effectively prevent small or new parties from appearing on the presidential ballot. This is unreasonable.

WILL further argues that the DNC did not claim that the nomination papers were deficient; rather, it appears to be claiming that the Green Party's presidential and vice presidential candidates, Jill Stein and Butch Ware, are either “definitely … ineligible for nomination or election” or unqualified to hold office. However, they meet all of the requirements set forth in the United States Constitution. Wisconsin has no authority to add to these requirements set forth in the U.S. Constitution.

The Wisconsin Law Journal reached out to WisDems for comment, but did not receive a response by the time of publication Monday.