7th Circuit, Which Had Rejected Wisconsin Legislators’ Challenge to Extension of Absentee Postmark Deadline, Now Asks State Supreme Court to Weigh in On the Question

ORDER: Having received a petition for reconsideration filed by the State Legislature, the court has decided that it would be appropriate to certify a question of state law to the Supreme Court of Wisconsin under Wis. Stat. §821.01 and Seventh Circuit Rule 52. The court respectfully requests the Supreme Court of Wisconsin to decide whether, under Wis. Stat. §803.09(2m), the State Legislature has the authority to represent the State of Wisconsin’s interest in the validity of state laws. The court will transmit to the Supreme Court of Wisconsin a copy of the opinion filed on September 29, 2020, which shows how the answer to this question may affect the outcome of the State Legislature’s motion for reconsideration and a stay. Because time is pressing, we anticipate that the litigants will provide the state court with any other necessary documents (beyond those it already has in connection with the State Legislature’s request for an original writ). This court will keep the petition for reconsideration under advisement in the interim, but no later than next Wednesday (October 7). The State Legislature’s request for an administrative stay of the district court’s decision is denied. None of the district court’s orders requires substantive action before October 15, and a final decision in this court will be made at least a week before then. 

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