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No. 25-1288October Term 2025Petition Pending

Docket 25-1288October Term 2025 (2025–2026)

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

This pending case asks whether Wisconsin voters and an advocacy group may sue state election officials in federal court over an alleged failure to provide administrative procedures, hearings, and remedies required by the Help America Vote Act.

Case status

Current stage
Petition Pending
Latest event
Petition pending
Decision timing
No decision timeline until the Court agrees to hear the case.
Petition PendingNot granted
ArgumentsNot scheduled
Decision ReleasedNot scheduled
What it's about

This pending case asks whether Wisconsin voters and an advocacy group may sue state election officials in federal court over an alleged failure to provide administrative procedures, hearings, and remedies required by the Help America Vote Act. The Court has not yet decided the case.

Question 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 HAVA-mandated administrative procedures, hearings, and remedies constitutes a concrete Article III injury-in-fact, or whether such a deprivation is merely a bare procedural violation that precludes federal judicial review of state election administration.

Case path

United States Court of Appeals for the Seventh Circuit / Petition pending

Area

Elections

Briefing

What it's about

Wisconsin voters and an advocacy group seek to sue state election officials over an alleged failure to provide complaint procedures, hearings, and remedies required by the Help America Vote Act. The case asks whether private people can enforce those requirements in federal court and whether losing all such procedures is a concrete injury.

Argument

The case is pending, and oral argument has not yet been scheduled.

Impact

The answer could determine whether voters can go to federal court when they say a state has denied required election-complaint processes. For example, a Wisconsin voter who cannot obtain a required hearing could gain or lose a path to challenge that problem.

What is at stake in Wisconsin Voter Alliance v. Millis?

The case concerns whether voters and an advocacy group may enforce certain federal election-law procedures through a federal lawsuit.

Who could be affected by this case?

Voters and election groups could be affected when they claim state officials denied required complaint procedures, hearings, or remedies.

What happens next in Wisconsin Voter Alliance v. Millis?

The Court may schedule oral argument or take another scheduling step. No decision timing has been set.

Grounding

Grounding
Primary materials plus reporting.
Note
Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.
Checked
Sep 3, 2026
Primary materials5
Context reporting3