Justice Rebecca Bradley’s Teigen Concurrence – Judicial Acknowledgment That “Equity” Override of Statute Immunized Unlawful Election Administration (WI)

In Teigen v. Wisconsin Elections Commission, Wisconsin Supreme Court Justice Rebecca Grassl Bradley wrote separately to note that the Wisconsin Supreme Court’s 2020 Trump v. Biden decision had allowed “equity” concerns – specifically, the disruption that post-election relief would cause – to override mandatory statutory requirements. This is a finding by a sitting state Supreme Court justice that the 2020 ruling effectively immunized unlawful election administration from judicial correction. Justice Bradley further observed that the reasoning created a framework in which unlawful election procedures, if implemented close enough to an election, would always escape judicial review.