Democratic National Committee v. Boehm

Public Rights Project filed an amicus brief urging the Wisconsin Court of Appeals to reject the argument that only federal courts can grant voting hour extensions. The case centers on an attempt to block state courts from extending voting hours when urgent circumstances interfere with voters’ ability to cast their ballots. The brief was filed on behalf of Mike Haas, the city attorney and interim clerk for the City of Madison.

The brief argues that the Wisconsin state courts have the inherent authority to extend voting hours where necessary to protect the fundamental right to vote. Voting hour extensions are necessary when an emergency, disaster, technical issue, or other unexpected circumstance prevents voters from casting their ballots during regular voting hours.

It has long been standard practice — endorsed by the Wisconsin Election Commission and numerous state trial courts — for clerks to seek extended hours via the state trial courts. As the amicus brief explains, every county in Wisconsin has a state trial court, and each court has a designated “duty judge” on call to address urgent issues after regular court hours, making these courts highly responsive to requests for voting hours extension requests. By contrast, there are only four federal courthouses in the entire state of Wisconsin, and clerks are not accustomed to interacting with them.

Relying on Haas’s extensive experience since 2008, the brief explains that there hasn’t been a single instance in which any party has petitioned a federal court to extend polling hours or argued that only federal courts have the authority to extend polling hours. Without access to the state courts, clerks can not as effectively ensure their voters’ constitutional right to vote.

Read the amicus brief.

Update:

On August 18, Public Rights Project urged the Wisconsin Supreme Court to preserve state courts’ authority to extend polling hours in urgent circumstances. If the court disagrees, local election officials will struggle to get polling hour extensions during an emergency, disaster, or technical issue. As a result, eligible voters could be prevented from casting a ballot.

Our amicus brief argues that Wisconsin state courts have the inherent authority to extend voting hours when there’s a demonstrated need. It points to the Wisconsin Election Commission’s long-standing guidance directing clerks to seek extended hours via the state courts, as well as past instances when it was necessary. In 2024, for example, courts extended polling hours when workers at the University of Wisconsin, Madison, incorrectly turned voters away from polling sites.

State courts are particularly well-suited for these requests. Every county in Wisconsin has a state trial court that is accessible to clerks and knowledgeable about local conditions, making these courts highly responsive to requests for extensions of voting hours. By contrast, there are only four federal courthouses in the entire state of Wisconsin, and clerks are less familiar with them, especially in emergency litigation. 

The case has reached the state Supreme Court after a Wisconsin appeals court overturned a trial court’s order that extended polling hours in the 2024 election. While the ruling addressed a single election, it signals that clerks and third-party groups may find it harder to request extensions in state court going forward.

Read the amicus brief.