The Wisconsin Supreme Court agreed to hear a case on the power of county judges to extend polling hours, though it declined to expedite the appeal.
That means the lawsuit won’t be resolved prior to the Nov. 3 election, though yesterday’s order also sent a signal that a majority of the justices believe circuit court judges have the power to extend polling hours when failing to do so would create “harm to legally protected rights.”
A DNC spokesperson said the order “makes clear that circuit judges can extend polling hours if necessary this November.” The RNC, meanwhile, touted the July appeals court ruling that it said underscored polling hours can only be extended when there are genuine extenuating circumstances.
The 2nd District Court of Appeals in July unanimously ruled that a Walworth County judge improperly ordered two Whitewater polling sites to be reopened during the November 2024 election. In filing the motion to extend the hours, the Democratic National Committee noted long lines at one of the polling sites that had students waiting up to five hours because they needed to update their registrations.
Under state law, those at the polls by the time they close at 8 p.m. can vote so long as they remain in line.
The appeals court ruled the judge erred. Even though the issue was moot, the court issued its ruling in July believing it was important to weigh in on the merits of the case since the issue may rise again considering Wisconsin’s history of close statewide elections.
In its appeal, the DNC suggested that left circuit courts and clerks to wonder whether the decision “limits their ability to act in emergency circumstances.” The court noted in yesterday’s ruling that the Republican National Committee took the position in its response to the appeal that circuit courts have the authority to equitably extend polling hours “when presented with circumstances establishing harm to legally protected rights.”
The majority found an expedited review wasn’t “warranted under these circumstances.”
Conservative Justice Annette Ziegler dissented from the order and questioned “the unusual step of adding” the line from the RNC’s filing. She added the majority failed to include a preceding line from the RNC’s filing arguing the appeals court had properly ruled the Walworth County judge didn’t have the authority to equitably extend polling hours.
Ziegler wrote that reading the lines in the appropriate context demonstrates the RNC agreed with the court of appeals decision that extending polling hours can only be granted when there is an invasion of someone’s rights and a wrong to be corrected.
“The grant order should issue without the additional language, as the court of appeals’ opinion should speak for itself, and the majority might appear to be opining on an issue before us, in a grant order, in favor of the DNC, before any briefing or oral argument has occurred,” Ziegler wrote. “The added language is unnecessary in the grant order.”
Conservative Justice Brian Hagedorn wrote separately that he agreed with the court’s decision not to expedite the case. But he also agreed with Ziegler that the additional language in the order was unnecessary.
Liberal Justice Chris Taylor dissented with respect to the court’s denial of the request to expedite.
The order includes a briefing schedule into late November.
A DNC spokesperson said the party looks “forward to a final ruling that ensures state courts have equitable authority to protect the constitutional right to vote in future elections.”
The RNC, meanwhile, said the July appeals court ruling limited judges’ authority to extend voting hours. The party also pointed to a statement from Chairman Joe Gruters after the appeals court ruling that it “made clear that judges cannot change election rules on Election Day. Wisconsin’s voting deadlines are set by law and must apply equally to every voter.”