The lawsuit was brought by the National Redistricting Foundation — an affiliate of Holder’s group — and the legal team includes Democratic attorney Marc Elias, who served as the general counsel for Hillary Clinton’s 2016 presidential campaign.
The case will hinge in part on a state law that says Walker must promptly call a special election to fill any legislative seat that becomes vacant “before the 2nd Tuesday in May in the year in which a regular election is held.”
Walker aide Tom Evenson has said that means Walker doesn’t need to hold a special election since the vacancies occurred not in 2018 — the election year — but in 2017.
Democrats argue this reading of the law makes little sense since a vacancy in 2017 leads to the seats sitting vacant for more time, not less. That ought to argue for holding a special election, they say.