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Wisconsin Governor Postpones Tuesday’s Elections; G.O.P. Plans Challenge Wisconsin Governor Orders Delay of Tuesday’s Elections; G.O.P. Files Challenge
(32 minutes later)
Gov. Tony Evers of Wisconsin issued an emergency order on Monday postponing elections that were set for Tuesday, attempting to circumvent Republican opposition as coronavirus cases rise in the critical political battleground state.Gov. Tony Evers of Wisconsin issued an emergency order on Monday postponing elections that were set for Tuesday, attempting to circumvent Republican opposition as coronavirus cases rise in the critical political battleground state.
The executive order suspends in-person voting for more than two months, until June 9, unless the State Legislature and the governor are able to agree on a different date.The executive order suspends in-person voting for more than two months, until June 9, unless the State Legislature and the governor are able to agree on a different date.
Mr. Evers, a Democrat, had previously said he lacked the legal authority to move the election, but on Monday he argued that a postponement was necessary to protect voters and slow the spread of the virus. Within minutes of the order, leaders in the Republican-controlled Legislature called his move unconstitutional, instructing clerks to move forward with voting. They also challenged the order in the state Supreme Court, which is controlled by a conservative majority.Mr. Evers, a Democrat, had previously said he lacked the legal authority to move the election, but on Monday he argued that a postponement was necessary to protect voters and slow the spread of the virus. Within minutes of the order, leaders in the Republican-controlled Legislature called his move unconstitutional, instructing clerks to move forward with voting. They also challenged the order in the state Supreme Court, which is controlled by a conservative majority.
Mr. Evers said Monday that it was possible he would have to delay the election again in June if public health conditions in the state did not improve. He expressed confidence the state Supreme Court would not reverse the postponement.Mr. Evers said Monday that it was possible he would have to delay the election again in June if public health conditions in the state did not improve. He expressed confidence the state Supreme Court would not reverse the postponement.
“This is it,” he said during a live-streamed news conference. “There’s not a Plan B, there’s not a Plan C. We believe the Supreme Court will support us on this.”“This is it,” he said during a live-streamed news conference. “There’s not a Plan B, there’s not a Plan C. We believe the Supreme Court will support us on this.”
The stakes are high for both parties: The presidential primaries, a competitive state Supreme Court seat and thousands of local offices are on the ballot. Officials’ terms in office will be extended until the elections are held, according to Mr. Evers’s order. All absentee or early-voting ballots already cast will still be counted.The stakes are high for both parties: The presidential primaries, a competitive state Supreme Court seat and thousands of local offices are on the ballot. Officials’ terms in office will be extended until the elections are held, according to Mr. Evers’s order. All absentee or early-voting ballots already cast will still be counted.
A separate legal fight over mail-in ballots is already pending before the U.S. Supreme Court.A separate legal fight over mail-in ballots is already pending before the U.S. Supreme Court.
“We don’t live in a banana republic where the executive can just cancel elections because he doesn’t want to hold them,” Robin Vos, the Republican speaker of the Wisconsin State Assembly, wrote on Twitter.“We don’t live in a banana republic where the executive can just cancel elections because he doesn’t want to hold them,” Robin Vos, the Republican speaker of the Wisconsin State Assembly, wrote on Twitter.
The last-minute decision by Mr. Evers injects more chaos and confusion into an election already rife with legal challenges, court cases and public safety concerns. Some local officials worried on Monday that the whiplash could further depress turnout if the State Supreme Court reverses the governor’s decision. Meanwhile, many town clerks and poll workers have said they fear for their safety if in-person voting is held on Tuesday.The last-minute decision by Mr. Evers injects more chaos and confusion into an election already rife with legal challenges, court cases and public safety concerns. Some local officials worried on Monday that the whiplash could further depress turnout if the State Supreme Court reverses the governor’s decision. Meanwhile, many town clerks and poll workers have said they fear for their safety if in-person voting is held on Tuesday.
The order comes after weeks of wrangling between Mr. Evers and Republican lawmakers over whether voters could safely cast in-person ballots in the midst of a pandemic. Already, 15 states and one territory had either pushed back their presidential primaries or switched to voting by mail with extended deadlines. Even with Wisconsin’s election scheduled to proceed, local officials had said that a number of polling places would be unable to open because poll workers were either sick or unwilling to show up.The order comes after weeks of wrangling between Mr. Evers and Republican lawmakers over whether voters could safely cast in-person ballots in the midst of a pandemic. Already, 15 states and one territory had either pushed back their presidential primaries or switched to voting by mail with extended deadlines. Even with Wisconsin’s election scheduled to proceed, local officials had said that a number of polling places would be unable to open because poll workers were either sick or unwilling to show up.
With new cases in the state doubling last week and national officials warning of a coming surge, the political conflict finally hit a breaking point.With new cases in the state doubling last week and national officials warning of a coming surge, the political conflict finally hit a breaking point.
In recent days, Mr. Evers had called for holding an all-mail election, sending absentee ballots to every voter and extending voting to May. On Saturday, state lawmakers rejected those proposals, gaveling out a special legislative session within seconds.In recent days, Mr. Evers had called for holding an all-mail election, sending absentee ballots to every voter and extending voting to May. On Saturday, state lawmakers rejected those proposals, gaveling out a special legislative session within seconds.
Prominent Democrats in the state, including the mayor of Milwaukee, urged voters to stay at home on Tuesday, as did some local health officials. Some Democrats blame Mr. Evers for letting the situation get out of hand, saying that his early refusal to push for a delay of the primary — instead proposing workarounds like deploying the National Guard to work at understaffed polling places — created electoral confusion.Prominent Democrats in the state, including the mayor of Milwaukee, urged voters to stay at home on Tuesday, as did some local health officials. Some Democrats blame Mr. Evers for letting the situation get out of hand, saying that his early refusal to push for a delay of the primary — instead proposing workarounds like deploying the National Guard to work at understaffed polling places — created electoral confusion.
All weekend, Mr. Evers’s aides and lawyers debated what authority he might have to delay the election. On Monday morning, his team decided to assert his power to order a postponement and announce it early in the day, expecting an immediate court challenge from Republicans.All weekend, Mr. Evers’s aides and lawyers debated what authority he might have to delay the election. On Monday morning, his team decided to assert his power to order a postponement and announce it early in the day, expecting an immediate court challenge from Republicans.
“It has all sorts of disturbing limitations that a single person, a partisan actor, could suspend an election,” said Rick Esenberg, the president of the Wisconsin Institute for Law and Liberty, a conservative think tank in Milwaukee. “This could turn out to be the type of case that the level of fear is such that a court simply wouldn’t enforce the law as it otherwise would.”“It has all sorts of disturbing limitations that a single person, a partisan actor, could suspend an election,” said Rick Esenberg, the president of the Wisconsin Institute for Law and Liberty, a conservative think tank in Milwaukee. “This could turn out to be the type of case that the level of fear is such that a court simply wouldn’t enforce the law as it otherwise would.”
The state Supreme Court, though technically nonpartisan, has a 5-2 conservative lean. But one of those justices, Daniel Kelly, recused himself on Monday because he is up for re-election on Tuesday, meaning just one of the conservative members of the court would have to join the liberal judges to keep Mr. Evers’s order in place.The state Supreme Court, though technically nonpartisan, has a 5-2 conservative lean. But one of those justices, Daniel Kelly, recused himself on Monday because he is up for re-election on Tuesday, meaning just one of the conservative members of the court would have to join the liberal judges to keep Mr. Evers’s order in place.
Some Democrats are optimistic the court will rule in their favor after a federal judge harshly criticized state officials last week for not postponing the election but said it was not “appropriate for a federal district court to act as the state’s chief health official by taking that step for them.” They saw the phrasing “act as the state’s chief health official” as a potential signal that the executive branch had the authority to postpone the election.Some Democrats are optimistic the court will rule in their favor after a federal judge harshly criticized state officials last week for not postponing the election but said it was not “appropriate for a federal district court to act as the state’s chief health official by taking that step for them.” They saw the phrasing “act as the state’s chief health official” as a potential signal that the executive branch had the authority to postpone the election.
The judge, William M. Conley of the Federal District Court in Madison, did require a six-day extension, to April 13, of the deadline to submit absentee ballots. Republicans asked the U.S. Supreme Court to undo that ruling.The judge, William M. Conley of the Federal District Court in Madison, did require a six-day extension, to April 13, of the deadline to submit absentee ballots. Republicans asked the U.S. Supreme Court to undo that ruling.
The state has faced serious questions about its ability to run an election amid the pandemic. With poll workers quitting out of fears of contracting the virus, more than 100 municipalities have said they lack enough staff to run even one polling place. Milwaukee typically has about 180 sites; this election the city plans to have five open. The head of the state elections commission raised the possibility in court testimony that some voters may have to head to a different town on Election Day because no one will be staffing the polls in their hometowns.The state has faced serious questions about its ability to run an election amid the pandemic. With poll workers quitting out of fears of contracting the virus, more than 100 municipalities have said they lack enough staff to run even one polling place. Milwaukee typically has about 180 sites; this election the city plans to have five open. The head of the state elections commission raised the possibility in court testimony that some voters may have to head to a different town on Election Day because no one will be staffing the polls in their hometowns.
On Monday, the state’s already depleted ranks of election workers awaited word from the state courts as to whether the election could move forward.On Monday, the state’s already depleted ranks of election workers awaited word from the state courts as to whether the election could move forward.
In Green Bay — which said it would open only two polling locations instead of its usual 31 because more than 250 of its 270 poll workers said they would not be able to show up on Election Day — the mayor put plans on pause.In Green Bay — which said it would open only two polling locations instead of its usual 31 because more than 250 of its 270 poll workers said they would not be able to show up on Election Day — the mayor put plans on pause.
“Our clerk’s staff and our poll workers were preparing our two polling locations today, and I just had a conversation with my clerk today saying, ‘Hold, leave the equipment in place,’” Mayor Eric Genrich said in an interview on Monday. “We’re going to wait until our state courts weigh in and offer some further guidance.”“Our clerk’s staff and our poll workers were preparing our two polling locations today, and I just had a conversation with my clerk today saying, ‘Hold, leave the equipment in place,’” Mayor Eric Genrich said in an interview on Monday. “We’re going to wait until our state courts weigh in and offer some further guidance.”
Astead W. Herndon contributed reporting.Astead W. Herndon contributed reporting.