No. 25-301

Frank Marshall, et ux. v. Wisconsin Elections Commission, et al.

Lower Court: Seventh Circuit
Docketed: 2025-09-16
Status: Denied
Type: Paid
Response Waived
Tags: ballot-access electoral-college first-amendment fourteenth-amendment presidential-qualifications state-election-law
Key Terms:
DueProcess JusticiabilityDoctri
Latest Conference: 2025-10-17
Question Presented (from Petition)

For the first time in the history of the United States, a State violated the foundational principles of the Electoral College by removing bona fide Presidential Elector Candidates by prematurely adjudicating the qualifications of the Pledged Candidate for President, though the Elector Candidates had fulfilled all the statutory requirements to gain ballot access.

The United States Appeals Court of the Seventh Circuit, by affirming with lower courts decision, to remove the Elector Candidates not only violated the Elector Candidates ' First and Fourteenth Amendment rights but also did so inconsistent with its own previous history of allowing Elector Candidates on the ballot though their Pledged Candidate may not be qualified to hold the Office of President.

The Supreme Court of Minnesota ruled in favor of Elector Candidates remaining on the ballot even though their Pledged Candidate was the same as Wisconsin's. A "chaotic state-by-state patchwork " now exists with some States allowing/removing Elector Candidates on/from the ballot without/with premature adjudication of their Pledged Candidate.

Is not States ' premature adjudication of qualifications of Elector Candidates ' Pledged Candidates unconstitutional and violation of the foundational principles of the Electoral College and how presidential elections are to be run?

Question Presented (AI Summary)

Is not States' premature adjudication of qualifications of Elector Candidates' Pledged Candidates unconstitutional and violation of the foundational principles of the Electoral College and how presidential elections are to be run?

Docket Entries

2025-10-20
Petition DENIED.
2025-10-01
DISTRIBUTED for Conference of 10/17/2025.
2025-09-17
Waiver of Wisconsin Elections Commission of right to respond submitted.
2025-09-17
Waiver of right of respondent Wisconsin Elections Commission to respond filed.
2025-08-13
Petition for a writ of certiorari filed. (Response due October 16, 2025)
2025-06-09
Application (24A1208) granted by Justice Barrett extending the time to file until August 17, 2025.
2025-06-04
Application (24A1208) to extend the time to file a petition for a writ of certiorari from June 18, 2025 to August 17, 2025, submitted to Justice Barrett.

Attorneys

Frank Marshall, et al.
Frank Marshall — Petitioner
Wisconsin Elections Commission
Brian Patrick KeenanWisconsin Department of Justice, Respondent