The 4th District Court of Appeals intends to wait for the state Supreme Court to signal if it’s going to take a case that could deactivate the registrations of more than 200,000 voters before it issues any rulings in the suit.

The state DOJ, acting on behalf of the Wisconsin Election Commission, last week renewed its request for the 4th District Court of Appeals to stay an Ozaukee County order requiring the agency to deactivate the registrations.

Short of that, DOJ asked the Madison-based appeals court to indicate by yesterday whether it intended to issue a ruling with a request from the conservative Wisconsin Institute for Law & Liberty for the Supreme Court to take over the case.

Yesterday, the appeals court indicated it won’t act on DOJ’s request or a motion to intervene by the SEIU Wisconsin State Council until the state Supreme Court acts.

The court noted the parties disagree on several aspects of the filings. That includes WILL’s contention that its request for the state Supreme Court to take the case stayed the appeals court proceedings.

The state Supreme Court has yet to indicate whether it plans to grant WILL’s request in the case, which deals with voters who may have moved and failed to respond within 30 days to a request from the Elections Commission checking to see if they’ve changed addresses. The commission had decided to give those voters until up to April 2021 to act, prompting the suit accusing the agency of failing to follow the law.

Read the order:

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