Wisconsin Lawsuit Filed by Attorney General thrown out of Dane County Court
October 23, 2008
A judge in Dane County Circuit Court threw out a lawsuit filed by Republican Attorney General JB Van Hollen against the Elections Division of the Wisconsin Government Accountability Board over compliance on the Help America Vote Act (HAVA) 2002.
Judge ruling
Circuit Court Judge Maryann Sumi ruled that Attorney General Van Hollen has no standing to enforce provisions of the Help America Vote Act. Judge Sumi believes no violation of state or federal law is about to occur if Wisconsin were or were not to comply with the Help America Vote Act..[1].
Steven Means, Assistant Attorney General responded to Sumi by asking who would enforce the law if not the state's attorney general raising further question on who can enforce Help America Vote Act Provisions.
The decision for now prevents clerks from doing retroactive cross checks on voters registered from 2006 to today in which Attorney General Van Hollen argued during the lawsuit. Democrats and left wing praised the judge for the decision.[1]
Attorney General Van Hollen Will Appeal Case
Staff with the Office of the Attorney General JB Van Hollen told reporters that they will file an appeal as soon as possible to the Wisconsin Court of Appeals. In a statement issued by the Attorney General of Wisconsin JB Van Hollen, Van Hollen stated:
I am disappointed with today's decision and respectfully disagree with the Dane County Circuit Court's ruling. I believe today's decision was an erroneous interpretation of the law. When a lower court gets the law wrong, parties appeal to a higher court, and that's what I will do. We can not lose sight of the goal of this lawsuit. Wisconsin needs an accurate statewide voter list. Wisconsin needs to comply with state and federal laws designed to protect the right to vote. Looking the other way is not an option.[2]
