On Tuesday, the Wisconsin Court of Appeals issued two orders putting on hold Ozaukee County Judge Paul Malloy’s order that the State Elections Commission purge more than 200,000 voters from the rolls. The court of appeals also stayed Malloy’s contempt order that would have required individual commissioners to pay $250 per day for as long as the voters were not removed.
The appeals court had previously decided to wait until the State Supreme Court decided if it was going to take the case before acting. On Monday, the Supreme Court denied a petition to bypass the lower courts brought by the Wisconsin Institute for Law & Liberty. A three-judge panel on the appeals court, comprised of Judges JoAnne Kloppenburg, Michael Fitzpatrick and Jennifer Nashold, cited that decision in moving to grant the Wisconsin Elections Commission’s request for a stay.
A second order, written by Judge Fitzpatrick, noted that the stayed order to purge the rolls “underlies the contempt order,” and, in light of that, ordered that the contempt order also be temporarily stayed.