James Sewell v. Racine Unified School District Board of Canvassers

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constitute an issue of first impression. Either way, the Court of Appeals misreads Wiegand. The interplay between Wis. Stat. § 7.54 and Wis. Stat. § 9.01, et seq, is a significant issue for consideration. Petitioners recognize that, in general, the Wiegand decision is no longer in full effect. 1983 Wis. Act 183 made several changes to the “Post-election Actions” in Chapter 9 of the statutes by creating the present version of Wis. Stat. § 9.01(8), which for the first time gave significant and binding deference to the findings of the board of canvassers, consequently limiting the scope of judicial decision-making and authority. (But see also, Carlson v. Oconto County Board of Canvassers, 2000 WI APP 20, ¶8, 240 Wis.2d 438, 443, 623 N.W.2d 195, 197 (“Interpretation of Wis. Stat. § 9.01 is based on public policy articulated in early legal decisions that predated § 9.01.”) Prior to 1983 Wis Act. 183, there was apparently confusion in the courts as to the deference to be accorded the board of canvassers. For example, take the unpublished case of Soderbloom v. Manske, 107 Wis.2d 744, 321 N.W.2d 367 (1982).1 There, at footnote 3 and 1

Petitioners cite this case solely as a historical illustration, not as support for its holding or anything else stated in the decision. Because it is not cited as authority or precedent, this use does not violate section 809.23(3)(a).

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