The state DOJ is urging the Wisconsin Supreme Court to pass on taking up whether thousands of voters who may have moved should have their registrations deactivated.
In a separate filing Friday, the agency also again asked the 4th District Court of Appeals to stay an Ozaukee County judge’s ruling requiring deactivation for those voters if they failed to respond to an Election Commission mailing within 30 days.
The conservative Wisconsin Institute for Law & Liberty filed the suit seeking to force the commission to take action. It then asked the state Supreme Court to take the case after DOJ appealed to the 4th District.
In DOJ’s filing with the Supreme Court, the agency argued an appeals court should first be allowed to fix the “ready-correctable” errors in Ozaukee County Judge Paul Malloy’s order. Among other things, DOJ argues a voter who may have changed addresses may only be removed from the rolls if there’s “reliable information” — and Malloy failed to apply that standard.
Meanwhile, in the filing with the 4th District, DOJ urged the appeals court to issue an expedited stay. In the alternative, DOJ asked the court to indicate by tomorrow whether it plans to rule on the request or signal if it believes the court is precluded from acting while WILL’s motion is pending before the state Supreme Court.
The agency noted WILL is asking Malloy to find the Elections Commission and five members in contempt unless his order is immediately followed.
See the filing with the appeals court:
See the filing with the state Supreme Court: