Case: 3:09-cv-00764-wmc Document #: 84 Filed: 02/08/11 Page 1 of 3

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WISCONSIN

WISCONSIN RIGHT TO LIFE

POLITICAL ACTION COMMITTEE et
al.,

Plaintiffs,
Civil Action No. 3:09-cv-00764
v.

MICHAEL BRENNAN et al.,

Defendants.

PLAINTIFFS’ MOTION FOR TEMPORARY RESTRAINING ORDER

AND PRELIMINARY INJUNCTION

Michael D. Dean James Bopp Jr., Ind. #2838-84

First Freedoms Foundation, Inc. Anita Y. Woudenberg, Ind. #25162-64
20975 Swenson Drive, Suite 125 BOPP , COLESON & BOSTROM
Waukesha, WI 53186 1 South Sixth Street
Ph: 262/798-8046 Terre Haute, IN 47807-3510
Fax: 262/798-8045 Ph: 812/232-2434
Local Counsel for Plaintiffs Fax: 812/234-3685
Lead Counsel for Plaintiffs
 Case: 3:09-cv-00764-wmc Document #: 84 Filed: 02/08/11 Page 2 of 3

PLAINTIFFS’ MOTION FOR TEMPORARY RESTRAINING ORDER

AND PRELIMINARY INJUNCTION

Pursuant to Federal Rule of Civil Procedure 65, Plaintiffs Wisconsin Right to Life PAC

(“WRTL”), George Mitchell (“Mitchell”), and Wisconsin Center for Economic Prosperity PAC

(“Prosperity PAC”) (collectively “Plaintiffs”) hereby move this court to preliminarily enjoin the

enforcement of Wisconsin Statutes § 11.513(1), 11.513(2), 11.26(1)(am) and (2)(an). In support of

its motion, Plaintiffs state as follows:

1. Currently before this Court are Plaintiffs’ Verified Complaint requesting declaratory

and injunctive relief and their Motion for Summary Judgment. In these filings, Plaintiffs request this

court to declare Wisconsin Statutes § 11.513(1) (the “reporting requirement”), 11.513(2) (the “rescue

fund”), and 11.26(1)(am) and (2)(an) ( the “contribution limits”), facially unconstitutional in

violation of the First and Fourteenth Amendments, and enjoin the statutes.

2. WRTL intends to raise and spend in excess of $1,000 on independent expenditures

in support of a 2011 Wisconsin Supreme Court candidate because it believes it is the clearest way

to communicate with the voters. Amended Verified Complaint ¶ 18. In addition, after the primary

elections for Wisconsin Supreme Court taking place on February 15, 2011,WRTL is prepared to do

mailings, make phone calls, send emails, make endorsements on Facebook, and possibly establish

a text messaging project during the general election. However, given the likelihood that these

expenditures will trigger additional funds to candidates WRTL does not support, WRTL anticipates

that it will need to modify or not engage in these activities. Declaration of Barbara Lyons, ¶ 3, 4.

3. Similarly, Plaintiff Mitchell would like to make contributions of between $1,500 and

$2,000 to Justice David Prosser Jr.’s 2011 re-election campaign in the event that the justice does not

qualify for rescue funding or he cannot participate because the rescue fund provisions are struck

-1-
 Case: 3:09-cv-00764-wmc Document #: 84 Filed: 02/08/11 Page 3 of 3

down as unconstitutional. Mitchell Aff. ¶ 3. However, because they are limited to contributing

$1,000 by the IJB, absent an injunction Mitchell and Prosperity PAC will not contribute more than

$1,000 to races for the Wisconsin Supreme Court. Amended Verified Complaint ¶ 24; Mitchell Aff.

¶ 4.

4. Thus, without an injunction Plaintiffs will suffer irreparable harm, for the loss of First

Amendment rights for even minimal periods of time is an irreparable harm. Elrod v. Burns, 427 U.S.

347, 373 (1976).

5. As demonstrated in Plaintiffs’ Memorandum Supporting Preliminary Injunction,

Plaintiffs have shown a likelihood of success on the merits on this issue by demonstrating that the

rescue fund fails strict scrutiny under Davis.

6. Defendants are already on notice of Plaintiffs’ challenge to this issue, and upon filing

this motion, they are provided electronic notice of this motion and any subsequent hearing

established by this Court.

WHEREFORE, Plaintiffs respectfully move this Court to grant their Motion for Temporary

Restraining Order and Preliminary Injunction and temporarily enjoin Defendants from authorizing

any matching funding to participating candidates.

Dated: February 8, 2011 Respectfully Submitted,

s/Anita Y. Woudenberg
Michael D. Dean James Bopp, Jr., Ind. #2838-84
First Freedoms Foundation, Inc. Anita Y. Woudenberg, Ind. #25162-64
20975 Swenson Drive, Suite 125 BOPP , COLESON & BOSTROM
Waukesha, WI 53186 1 South Sixth Street
Ph: 262/798-8044 Terre Haute, IN 47807-3510
Fax: 262/798-8045 Ph: 812/232-2434
Local Counsel for Plaintiffs Fax: 812/234-2685
Lead Counsel for Plaintiffs

-2-
 Case: 3:09-cv-00764-wmc Document #: 84-1 Filed: 02/08/11 Page 1 of 1

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WISCONSIN

WISCONSIN RIGHT TO LIFE

POLITICAL ACTION COMMITTEE et
al.,

Plaintiffs,
Civil Action No. 3:09-cv-00764
v.

MICHAEL BRENNAN et al.,

Defendants.

ORDER

Plaintiffs have sought a temporary restraining order and preliminary injunction against

Defendants. Having reviewed their motion, memorandum, and all other relevant materials, this

Court finds that Plaintiffs’ motion should be GRANTED. Defendants are hereby preliminarily

enjoined from enforcing Wisconsin Statutes § 11.513(1), 11.513(2), 11.26(1)(am) and (2)(an).

SO ORDERED, this ________________ day of February, 2011.

_______________________________
William M. Conley, Judge

United States District Court for the

Western District of Wisconsin