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Wisconsin Voter Alliance, et al. v. Don M. Millis, Commissioner, Wisconsin Elections Commission, et al.

Paid petition · United States Court of Appeals for the Seventh Circuit, No. 25-1279 · judgment February 10, 2026


Certiorari denied · October 5, 2026
Pre-decision estimate: 5% cert probability (95% interval 3%–10%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for counsel with five or more prior petitions here, a circuit split argued in the petition, and a petition filed soon after the judgment below, and down for a state or local-government respondent.

Questions presented

  1. Whether the Help America Vote Act (HAVA), 52 U.S.C. §§ 20901–21145, creates federal rights enforceable by private litigants through 42 U.S.C. § 1983, or otherwise, a question that has deeply divided the federal courts of appeals and resulted in a state-by-state checkerboard of HAVA election law enforcement.

  2. Whether a state’s total deprivation of HAVAmandated administrative procedures, hearings, and remedies constitutes a concrete Article III injury-infact, or whether such a deprivation is merely a bare procedural violation that precludes federal judicial review of state election administration.

Counsel of record

For petitioner
Erick G. Kaardal
Mohrman, Kaardal & Erickson P.A.

For respondent
Clayton Patrick Kawski

Case

Conference history
Distributed for 1 conference

Amicus briefs
1 cert-stage

Order
Order list, October 5, 2026 · Certiorari denied

Proceedings

  1. Oct 05 2026
    Petition DENIED.
  2. Sep 15 2026
    Supplemental brief of petitioners Wisconsin Voter Alliance, et al. filed. (Distributed)
  3. Jun 17 2026
    DISTRIBUTED for Conference of 9/28/2026.
  4. Jun 16 2026
    Brief amici curiae of Election Research Institute, et al. filed. (Distributed)
  5. Jun 11 2026
    Waiver of right of respondent Don Mills, et al. to respond filed.
  6. May 11 2026
    Petition for a writ of certiorari filed. (Response due June 17, 2026)