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

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.

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.