Wisconsin Supreme Court accepts two cases, denies several others

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The Wisconsin Supreme Court announced Wednesday that the court recently voted to accept two cases, and the Court acted to deny review in a number of other cases. The case numbers, counties of origin and the issues presented in granted cases are listed below.

1.  2024AP164 Priorities USA v. WEC
Supreme Court case type: Petition to Bypass Court of Appeals: District IV
Circuit Court: Dane County, Judge Ann M. Peacock
Long caption: Priorities USA, Wisconsin Alliance for Retired Americans and William Franks, Jr., Plaintiffs-Appellants v. Wisconsin Elections Commission, Defendant-Respondent, Wisconsin State Legislature, Intervenor-Respondent
Issue granted: Whether to overrule the Court’s holding in Teigen v. Wisconsin Elections Commission, 2022 WI 64, 403 Wis. 2d 607, 976 N.W.2d 519, that Wis. Stat. § 6.87 precludes the use of secure drop boxes for the return of absentee ballots to municipal clerks.

2. 2023AP36 Wisconsin Voter Alliance v. Secord
Supreme Court case type: Petition for Review
Court of Appeals: District II
Circuit Court: Walworth County, Judge David W. Paulson, reversed and cause remanded with directions.
Long caption:
Wisconsin Voter Alliance and Ron Heuer, Petitioners-Appellants v. Kristina Secord, Respondent-Respondent-Petitioner.
Issue(s) presented: 1. Whether the Court of Appeals was bound to apply its own precedent established in Wisconsin Voter Alliance v. Reynolds, [2023 WI App 66, 410 Wis. 2d 335, 1 N.W.3d 748]?
2. Whether the Notices of Voting Eligibility forms are subject to public disclosure?

Review Denied

The Supreme Court denied review in the following cases. As the state’s law-developing court, the Supreme Court exercises its discretion to select for review only those cases that fit certain statutory criteria (see Wis. Stat. § 809.62). Except where indicated, these cases came to the Court via petition for review by the party who lost in the lower court:

Barron County
2023AP285
State v. T.H., Jr.

Brown County
2021AP1991
State v. Aguirre-Hodge

Eau Claire County
2023AP2375-W
Brown v. Riewestahl [(Writ of Habeas Corpus)]

Grant County
2022AP873
Okey v. Runde Chevrolet, Inc.
2023AP795-W
Lacy v. Cir. Ct. for Grant Cnty.

Kenosha County
2023AP1871-W
Gahart v. Cir. Ct. for Kenosha Cnty.

Kewaunee County
2021AP1060-CRNM
State v. Tower

Milwaukee County
2018AP1957-CRNM
State v. Miramontes-Rodriguez
2022AP637
State v. Love
2022AP821-CRNM 2022AP822-CRNM
State v. Trevino [(Justice Janet C. Protasiewicz did not participate)]
2022AP1491-CR
State v. Jarmon
2022AP1537
Johnson v. Harding
2022AP1655
Hutchinson v. Steren Management Co, Inc.
2023AP292 2023AP293
State v. D.K.
2023AP364-W
Smith v. Buesgen

Racine County
2021AP610-CR
State v. Pitt
2022AP604-CR
State v. Lockhart

Rock County
2022AP1667-CR
State v. Griffin

Sheboygan County
2023AP1884
Sheboygan County v. DH&HS v. J.L.

Walworth County
2023AP2049-W
Gardipee v. Carr [(Writ of Habeas Corpus)]

Washington County
2022AP1372-CR
State v. Turk

Waukesha County
2020AP2069-CR
State v. Gordon

Wood County
2023AP1127-W
Kusters v. Wells

Winnebago County
2022AP2189
Bahr v. American Transmission Company LLC [(Justices Ann Walsh Bradley and Rebecca Grassl Bradley dissent)]
2023AP450-CR
State v. Phillips

The cases listed below will be heard in the Supreme Court Hearing Room, 231 East, State Capitol on Tuesday, April 17, 2024.

9:30 a.m. 23AP2020-OA Governor Evers v. Senator Marklein
2 p.m. 22AP1349 Becker v. Wisconsin Department of Revenue