SUPREME COURT OF WISCONSIN Mark Jefferson and the Republican Party of Wisconsin, Petitioners, v. Dane County, Wisconsin and Scott McDonell in his official capacity as Dane County Clerk, Respondents, Disability Rights Wisconsin, Intervenor-Respondent JUSTICES: ROGGENSACK, C.J., delivered the majority opinion of the Court, in which ZIEGLER, REBECCA GRASSL BRADLEY, and HAGEDORN, JJ., joined, and in which DALLET and KAROFSKY, JJ., joined with respect to Parts II.C. and II.D.1. ANN WALSH BRADLEY, J., filed an opinion concurring in part, and dissenting in part. DALLET, J., filed an opinion concurring in part, and dissenting in part, in which KAROFSKY, J., joined.

 

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SUPREME COURT OF WISCONSIN 

CASE NO.: 2020AP557-OA 

COMPLETE TITLE: Mark Jefferson and the Republican Party of Wisconsin, Petitioners, 

v. 

Dane County, Wisconsin and Scott McDonell in his official capacity as Dane County Clerk, Respondents, 

Disability Rights Wisconsin, Intervenor-Respondent. 

ORIGINAL ACTION 

JUSTICES: 

ROGGENSACK, C.J., delivered the majority opinion of the Court, in which ZIEGLER, REBECCA GRASSL BRADLEY, and HAGEDORN, JJ., joined, and in which DALLET and KAROFSKY, JJ., joined with respect to Parts II.C. and II.D.1. ANN WALSH BRADLEY, J., filed an opinion concurring in part, and dissenting in part. DALLET, J., filed an opinion concurring in part, and dissenting in part, in which KAROFSKY, J., joined. 

  CONCLUSION 

¶39 We conclude Wis. Stat. § 6.86(2)(a) requires that (1) each individual elector make his or her own determination as to whether the elector is indefinitely confined; (2) an elector's determination may be based only upon age, physical illness or infirmity; and (3) an elector is indefinitely confined for his or her own age, physical illness or infirmity, not those of another person. 

¶40 Accordingly, we conclude that the Respondents' interpretation of Wisconsin's election laws is erroneous. Additionally, we conclude that Emergency Order #12 did not render all Wisconsin electors "indefinitely confined," thereby obviating the requirement of a valid photo identification to obtain an absentee ballot. By the Court.—Rights declared.