FILED
03-22-2018
CIRCUIT COURT
DANE COUNTY, WI
2018CV000519

STATE OF WISCONSIN

CIRCUIT COURT

ROBERT DALLAS NEWTON, JR.
135 W. Washington St.
Brandon, WI 53919,
JANE NEWTON
135 W. Washington St.
Brandon, WI 53919,
DESIREE FRANK
547 East Washington St.
Brandon, WI 53919,
ROBERT CHRISTOFFERSON
W9416 Parkway Dr.
Poynette, WI 53955,
RICHARD BAKER
W9432 Columbia Ct.
Poynette, WI 53955,
AMY PHIMISTER
3710 Glidden Dr.
Sturgeon Bay, WI 54235,
JENNIFER MEYER
4171 Nicolet Dr.
Green Bay, WI 54311,
ALVIN MEYER
4171 Nicolet Dr.
Green Bay, WI 54311,
Plaintiffs,
v.
SCOTT WALKER, in his official capacity as
Governor of Wisconsin,
115 East
State Capitol
Madison, WI 53707,
Respondent.

DANE COUNTY

ORDER GRANTING
PLAINTIFFS’ PETITION FOR
WRIT OF MANDAMUS
Case No. 18-CV-0519
30952: Petition for Writ of Mandamus

 Before this Court is Plaintiffs’ Robert Dallas Newton, Jr.’s, Jane Newton’s, Desiree
Frank’s, Robert Christofferson’s, Richard Baker’s, Amy Phimister’s, Jennifer Meyer’s, and
Alvin Meyer’s (collectively, “Plaintiffs”) Petition for Writ of Mandamus, filed on February 26,
2018 (the “Petition”). By their Petition, Plaintiffs seek an order from this Court directing the
Defendant, Governor Scott Walker, named in his official capacity as the Governor of Wisconsin,
to perform his legal duty to call special elections to fill current legislative vacancies in State
Assembly District 42 and Senate District 1 “as promptly as possible.” Wis. Stat. § 8.50(4)(d); see
also Wis. Const. art. IV, § 14. Shortly after filing the Petition, Plaintiffs filed an Emergency
Motion for Order Shortening Time for Defendant to Respond to the Petition. The Court granted
that motion, and the parties proceeded on an expedited briefing schedule, with Governor Walker
filing his response to the Petition on March 7, and the Plaintiffs filing their Reply in support on
March 12.
The Court heard the Plaintiffs’ Petition in open court, on the record on March 22, 2018
and decided the Petition during an oral ruling the same day. All Plaintiffs appeared by their
attorneys, David L. Anstaett, Elisabeth C. Frost and Sarah R. Gonski of Perkins Coie LLP, and
Plaintiffs Robert Dallas Newton, Jr., Jane Newton, Desiree Frank, Robert Christofferson,
Richard Baker, Jennifer Meyer and Alvin Meyer also appeared in person. Governor Walker
appeared by Assistant Attorneys General Steven C. Kilpatrick and David Meany.

Having

carefully and fully considered the arguments and all papers submitted by the parties, and for the
reasons set forth in the Court’s oral ruling;
NOW THEREFORE IT IS ORDERED:
1.

The Court finds that the Plaintiffs are entitled to the mandamus relief they
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 request, having established that: (a) Governor Walker has a plain and positive duty to order the
special elections; (b) Plaintiffs possess a clear legal right to the relief sought; (c) Plaintiffs will be
substantially damaged by nonperformance of said duty; and (d) there is no other adequate
remedy at law. The Court also finds that the equities weigh heavily in favor of granting the
Plaintiffs’ Petition seeking a Writ of Mandamus and thus, entry of this Order .
2.

The Governor shall issue an order and any necessary writ attendant thereto,

scheduling special elections to fill the vacancies in State Assembly District 42 and Senate
District 1 as promptly as possible, by no later than 12:00 p.m. (noon) on Thursday, March 29,
2018.
3.

Pursuant to Wis. Stat. §8.50(2) “[t]he date for the special election shall be not less

than 62 nor more than 77 days from the date of the Governor’s Order” and there shall be
compliance with all other all other requirements of the special election statutes.

IT IS SO ORDERED.
Dated: March _______ , 2018
BY THE COURT
Electronically signed by Josann Reynolds

_______________________________
Reynolds, Branch 2
Dane County Circuit Court Judge

Circuit Court
Judge M.
Josann

03/22/2018

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