Election Rule Changes Debated in Wisconsin Federal Court
Misha Tseytlin, a partner with Troutman Pepper's Appellate and Supreme Court Practice Group, was quoted in the August 5, 2020 Courthouse News Service article, " Election Rule Changes Debated in Wisconsin Federal Court."
Appearing on behalf of the Wisconsin Legislature was Misha Tseytlin, an attorney with the Chicago office of Troutman Sanders who has represented the legislature numerous times in recent years. Tseytlin argued that the uncertainty over what the pandemic will look like in November is actually a reason for the court to slow its roll and let the election play out according to current law.
Aside from highlighting that “there is grievous uncertainty over what [the pandemic’s] status will be in November,” Tseytlin opined that the current rules are already adequate to facilitate voting by a reasonably diligent voter.
Conley bucked against that, questioning whether he should just tell voters who get their ducks in a row too late that their ballots simply do not count, to which Tseytlin responded that for a voter who knows they do not want to vote in-person on Election Day, “a reasonably diligent effort does not involve waiting until the last minute.”
“We are not in a position where the pandemic has blindsided any voter,” the attorney said.
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On the point of witness signatures and other changes the plaintiffs requested, Tseytlin repeatedly pointed out that there is nowhere near ample proof in the record, including in the form of official declarations, showing that there are voters who will not be able to comply with the letter of election laws over the next three months before Election Day.
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Tseytlin also noted that the witness signature requirement is currently before the Wisconsin Supreme Court in a dispute stemming from when a Dane County clerk allowed voters to cast ballots in the April primary without presenting photo ID because they were “indefinitely confined” by the pandemic.
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Conley and Tseytlin crossed swords at closing over whether the relief the plaintiffs are requesting is necessary given the totality of the circumstances surrounding the election, with the judge bluntly saying that “the current design guarantees tens of thousands of absentee ballots are not going to arrive by Election Day.”
Tseytlin continued to posit that an objectively reasonable voter will be able to vote under the current rules with proper preparation and that claims of massive disenfranchisement are overblown.