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State Justice Department appeals Election Commission lawsuit

Posted at 4:57 PM, Dec 17, 2019
and last updated 2019-12-18 13:25:19-05

The state's top prosecutor has filed an appeal after the Wisconsin Elections Commission was ordered to remove more than 234,000 voters from the registry.

The Wisconsin Department of Justice filed the appeal Tuesday. It is requesting the case be heard in the Court of Appeals District Four, which is in Madison and does not include Ozaukee County.

In November, the conservative law firm Wisconsin Institute for Law and Liberty sued the Elections Commission. It argued the Commission has to follow state law and remove the voters who did not respond within 30 days to a letter asking if they had moved.

On Friday, an Ozaukee County judge agreed.

In response to the appeal being filed, the Wisconsin Institute for Law and Liberty released a statement: "It’s unfortunate the Wisconsin Elections Commission is prolonging this dispute when Judge Malloy found the state agency in clear violation of state law. But we look forward to making the case, once again, that the Wisconsin Elections Commission must follow state and protect the integrity of Wisconsin elections."

Tuesday the Wisconsin League of Women Voters and two voters filed a lawsuit in the Western District of Wisconsin. In a statement, the League says, "The lawsuit alleges the purge would violate the Due Process Clause of the 14th Amendment because the letters sent by the Wisconsin Elections Commission did not provide adequate notice of what voters needed to do to remain on the rolls, the consequences if they did not respond to the letter, and the timeline for them to act."

A spokesperson for the Elections Commission said it has not begun removing voter registrations.

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