Ever wonder just who is behind the consistent attacks on    Democracy in the courts? Look no further than a little known    law group in Wisconsin. The Milwaukee-based Wisconsin Institute    For Law and Liberty (WILL) is a conservative firm founded    in 2011 that has filed lawsuits and intervened in a myriad of    cases to advance Republican interests.  
    WILL was founded and is led by Rick Esenberg, who claims to    have litigated more cases as a    lawyer at the Wisconsin Supreme Court than any other private    lawyer in the state. WILL is largely funded by the    Bradley Foundation, a conservative Wisconsin right-wing group    that has become an extraordinary force in persuading    mainstream Republicans to support radical challenges to    election rulesa tactic once relegated to the far right and    funds a network of groups that have been stoking fear about    election fraud, according to the New Yorker.  
    Despite its websites Preserving Democracy    Project, WILL is the exact opposite of a pro-democracy    force. WILL spent nearly a year investigating    former President Donald Trumps bogus claims of election fraud    and forced the    purging of 200,000 voter registrations. The law firm has    litigated to restrict voting rights in numerous cases in recent    years, with some cases still outstanding.  
    Perhaps the most infamous impact WILL has on Wisconsin    elections is its involvement in a case that    ultimately banned the use of drop boxes across the entire    state. In June 2021, the group filed a lawsuit    on behalf of two voters against the Wisconsin Elections    Commission (WEC), requesting that the court ban drop boxes and    require voters to mail or return their own ballots to    designated officials. Drop boxes are secure containers where    voters can easily drop off ballots in sealed and signed    envelopes.   
    The suit was filed despite the fact that in 2020, Wisconsin    Democrats and Republicans both agreed that drop    boxes were a secure way to cast mail-in ballots that led to a    flourishing of voter turnout.  
    Lawyers for WILL argued that guidance issued by WEC allowing    the use of drop boxes conflicted with the states existing    mail-in ballot system. In their lawsuit, they went so far as    making absurd claims that a    liberal reading of the guidance would permit a shoebox on a    park bench to be a way for voters to cast a ballot  a    blatantly false claim. WILL also attacked community ballot    collection, outright ignoring the numerous voters for whom    dropping off a ballot is a significant burden. Community ballot    collection provides voters    with a safe and easy way to cast their ballots by permitting    designated organizations, election officials or family members    to collect a voters signed and sealed ballot and deliver the    ballot to election officials on the voters behalf.  
    WEC along with the Democratic Senatorial Campaign Committee,    Wisconsin Faith Voices for Justice, League of Women Voters of    Wisconsin and Disability Rights Wisconsin defended the    practice, arguing that the drop boxes were permissible and    served as an authorized extension of clerks. They pointed to    the disenfranchisement of marginalized voters as a further    defense of drop boxes.  
    Ultimately, the then-conservative-controlled Wisconsin Supreme    Court     held that drop boxes were unauthorized under Wisconsin law    in a catastrophic ruling. The decision was devastating for    Wisconsin voters, eliminating a convenient method of voting    that is especially of use to Black,    working-class and younger voters that contributed to the    1.9 million votes    cast by mail in the state in 2020. WILL would later    herald the    devastating decision in a press release.  
    WILL found another way to attempt to attack Wisconsinites    voting rights in the run up to the 2022 midterm elections, this    time by challenging the    use of convenient mobile voting sites throughout the city of    Racine. Wisconsin law permits city clerks to designate    alternate mail-in voting locations if the clerks office is    unavailable for in-person voting. Racine seemingly took    advantage of that policy by using an election van that moved    to various locations to best allow for early mail-in voting.  
    WILL challenged the validity of the van, claiming that    alternate locations are not allowed to be moved, as the van    permitted, claiming the expansive policy afforded an advantage    to the Democratic Party. Tara McMenamin, Racines city clerk,    pointed out in a response to WILL    that nothing in Wisconsin law prohibits the use of a vehicle as    an alternate mail-in voting site, and clarified that the sites    various locations were chosen based on accessibility for all    Racine residents.  
    McMenamin was adamant in her response that the city was    compliant with the law, despite numerous claims by WILLs    lawyers to the contrary. In a ruling, WEC    agreed, writing that it found that the Complainant did not    show probable cause to believe that a violation of law or abuse    of discretion occurred, allowing the accessible voting method    to remain in effect for the 2022 election.  
    Not dismayed by the decision, WILL     challenged Racines van yet again in December 2022, this    time filing a lawsuit against the city clerk as well as WEC,    appealing its dismissal of the administrative complaint. WILL    claimed that mobile voting sites violate Wisconsin law, and    once again alleged the voting sites disproportionately helped    Democrats.  
    Just this week, a court     reversed WECs dismissal of the complaint lodged against    the van, ruling it violated state law and barring the van from    being used in future elections.  
    Before September 2023, 47 states accepted the use of the    federal voter registration form, the National Mail Voter    Registration Form. Provided by the U.S. Election Assistance    Commission, the form has long been used to allow voters to    register by mail and by third-party voter registration groups    to increase turnout from diverse groups.  
    That number went down to 46 last September, as a result of a    lawsuit filed by    WILL. The conservative group claimed the form failed to comply    with Wisconsin law by omitting certain items, such as    information about a voters residency or whether a voter has a    criminal record. Despite fierce arguments from WEC defending    the use of the form as compliant with Wisconsin law, a    Wisconsin judge declared the form    illegal and ordered WEC to withdraw the forms approval.  
    The court did not rule on whether the form itself was compliant    with state law, but rather deemed the form to have never been    approved by WEC, as required. WILL described the    restrictive decision as a tremendous victory for    Wisconsinites.  
    WILL also filed a petition in the    summer of 2021, arguing that the states legislative and    congressional maps were malapportioned following the release of    2020 census data because the state had yet to subsequently draw    new maps reflective of the changes. Ultimately, maps were    ordered to be drawn reflecting this new data, and the states    Republican-controlled Legislature adopted gerrymandered    maps to further entrench their power.  
    Intervening to defend suppressive voting laws and gerrymandered    maps has also been a practice of WILL. In a lawsuit filed    last July challenging three restrictive Wisconsin procedures    regulating mail-in voting, WILL served as counsel for an    association attempting to intervene to    defend the laws. The lawsuit challenged the states blanket    drop box ban, which WILL made possible, the states burdensome    absentee ballot witness requirement and a cure deadline for    absentee ballots. The association was ultimately denied    intervention.  
    WILL similarly represented a    group of voters seeking to uphold the states gerrymandered    legislative maps (a result of the previously mentioned lawsuit    filed by WILL), which are among the most    gerrymandered in the U.S. Among other arguments, WILLs lawyers    claimed that the states legislative maps did not violate the    contiguity requirements of the Wisconsin Constitution, an    assertion the Wisconsin Supreme Court disagreed with  the    states high court struck down the    maps just last week for including districts that were illegally    noncontiguous, meaning not touching.  
    While WILL has done its fair share of work to endanger    democracy, the right-wing legal group is far from the only    group continuously attacking voting rights under the radar. The    Public Interest Legal Foundation    (PILF), a Virginia-based conservative law group, has made    it its mission to purge voters from rolls    in states across the country. The America First Legal    Foundation, founded by Stephen Miller, a close ally to former    President Donald Trump, has fought to attack drop boxes    and promote the    fringe and now-rejected independent state legislature theory.  
    The conservative legal groups are part of a    wide anti-voting network that work together to make voting more    difficult and free and fair elections less likely. Other groups    include True the Vote, the Election Integrity Network, the    Heritage Foundation and more. While suppressive efforts by    Republicans will continue to make headlines, it is important to    be aware of the often overlooked groups like WILL who are    responsible for the anti-democratic carnage.  
    A representative for WILL did not respond to repeated requests    for comment.  
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The Little Known Wisconsin Legal Group Wreaking Havoc on Democracy - Democracy Docket