WASHINGTON — The Wisconsin Supreme Court on Monday overturned an executive order from the state’s governor canceling Tuesday’s election, meaning the controversial contest is back on — at least for now.
The court’s action, just hours after the governor called off the election and not long before polls are to open Tuesday morning, is the latest twist in the only major election scheduled for this month after every other state postponed theirs in response to the coronavirus crisis.
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Gov. Tony Evers, a Democrat, issued an executive order Monday afternoon postponing in-person voting until June 9. But the Republican-controlled legislature, which has wanted the voting to proceed as planned despite the pandemic, appealed to the state’s highest court, which is controlled by conservative justices.
Election officials had been taking elaborate preparations to try to protect public health while offering residents a chance to vote at polling places Tuesday and Republican legislative leaders told them to keep going even after the governor issued his order, arguing it would not stand up in court.
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The election includes not only a primary for Democratic presidential nomination between Bernie Sanders and Joe Biden, but general elections for hundreds of down-ballot offices, including a seat on the Wisconsin Supreme Court.
The court is officially non-partisan but breaks down into clear ideological camps. The court’s two liberal justices dissented while four conservative ones joined the majority. The conservative incumbent up for re-election Tuesday abstained from the decision.
In a joint statement, Wisconsin House Speaker Robin Vos and Senate Majority Leader Scott Fitzgerald, both Republicans, praised the court’s ruling.
“The state’s highest court as spoken: the governor can’t unilaterally move the date of the election,” they said.
