MADISON, WI (WSAU) -- UPDATED: 5:05 pm- The state Supreme Court has overturned Governor Ever's executive order postponing the Spring Election and Presidential Primary to June 9th.
Monday's decision was announced roughly 4 hours after Evers issued the order, which was met with an immediate appeal by Senate and Assembly Republicans directly to the Supreme Court. Those briefs were filed after 2 PM, and Governor Evers' response was filed by 3:30.
The decision was released just before 5 PM.
This means the polls will be open in Wisconsin on Tuesday from 7 AM to 8 PM. However, results will not be known until Monday, April 13th which is the deadline to submit an absentee ballot. That change was made by a lower-court Judge last week who also extended the deadline to request an absentee ballot through Friday evening, April 3rd.
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Less than a day before Wisconsin's spring election, Governor Tony Evers has shut down in person voting through an executive order, which was immediately challenged to the state Supreme Court.
Through an executive order issued on Monday afternoon, Evers moved in-person voting to June 9th for all municipal races, the Presidential Primary, and Supreme Court vote. This comes after Evers maintained he was powerless to stop the election without legislative action.
The Governor called a special session on Saturday where lawmakers gaveled-in and gaveled-out without taking any action.
In a written statement, Evers said "Today, I signed an executive order suspending in-person voting for tomorrow’s election. Frankly, there’s no good answer to this problem—I wish it were easy. I have been asking everyone to do their part to help keep our families, our neighbors, and our communities safe, and I had hoped that the Legislature would do its part—just as the rest of us are—to help keep people healthy and safe,” said Gov. Evers. “But as municipalities are consolidating polling locations, and absent legislative or court action, I cannot in good conscience stand by and do nothing. The bottom line is that I have an obligation to keep people safe, and that’s why I signed this executive order today.”
Evers said in an interview with the Milwaukee Journal Sentinel, "Voters don’t care about the fighting between Democrats and Republicans; they’re scared. I’m standing up for those people who are afraid and that’s why I’m doing this.”
All absentee ballots that have already been cast will be valid.
Monday morning Assembly Speaker Robin Vos said on WISN radio that the time to discuss changing election say was months ago, and that a bipartisan agreement was possible then.
Vos and Senate Majority Leader Scott Fitzgerald both announced they would file a challenge to the order in the Wisconsin Supreme Court just minutes after Ever's order was issued. A joint statement called on Wisconsin's clerks to stand ready to proceed with the election as scheduled, calling the move by Evers an executive overreach.
"This is another last-minute flip-flop from the Governor on the April 7th election. The Governor himself has repeatedly acknowledge he can't move the election. Just last week a federal judge said he did not have the power to cancel the election and the Governor doesn't either. Governor Evers can't unilaterally run the state."
Evers' legal team responded to the briefs filed by Republicans just before 4 PM on Monday, saying he does have the power to change the date for in-person voting because of the health hazard posed by COVID-19, including how easily the virus can spread. Adding that because the state legislature did nothing in the weeks leading up to the election, Evers had to do something to protect the health of residents.
It is unclear when the state Supreme Court justices will take up the argument. It was announced that Justice Daniel Kelly is going to recuse himself. Kelly is up for election on Tuesday and does have a challenger.
By 1:45 PM, the Wisconsin Election Commission announced they are instructing the state's Clerks to prepare "in earnest" for in-person voting on April 7th. "If the election is moved to the 9th we will adjust accordingly, but all we can do today is prepare for tomorrow. As additional details come to our attention, we will share them with you."
Election Commission Information Officer Reid Magney said there would be no further comment from the group at this time. WEC has an emergency meeting scheduled for 3:30 PM.
THIS IS A DEVELOPING STORY, AND WILL BE UPDATED THROUGH THE DAY