Republicans Sue Milwaukee Over Observer Access

Milwaukee Election Commission Executive Director Paulina Gutiérrez. Photo by Jeramey Jannene.

Shortly after a Milwaukee Election Commission (MEC) pre-election press conference concluded Monday morning, the Republican National Committee sued the commission and city.

“Milwaukee Elections Commission [sic] has been arbitrarily limiting and prohibiting members of the public from observing all aspects of the voting process at polling locations in the City of Milwaukee,” says the complaint, filed in Milwaukee County Circuit Court. The complaint says that at the Serb Hall, Good Hope Library and Capitol Drive early voting sites, the city “arbitrarily limited” observer access to two or four observers. A press release issued with the complaint says the city intends to do the same on election day.

“We don’t put a number on it,” said MEC Executive Director Paulina Gutiérrez during the press conference, held before the lawsuit was filed. “We don’t have any kind of limit. We welcome observers. We want them there.”

The lawsuit says the city issued guidance to chief inspectors, the top employee at each of its 180 polling sites, that those with the smallest sites may restrict access to no more than two observers from each political party.

Gutiérrez, during the press conference, said the election commission and inspectors had the authority to ensure a “smooth operation” of the election process. “Our number one priority is to ensure that democracy happens,” she said. Wisconsin Elections Commission guidance allows for clerks to fairly limit access to observers if their presence is interfering with voting or causing congestion.

“The City of Milwaukee favors the greatest possible transparency during elections. That includes accommodating all observers at election locations,” said the city in a statement after the RNC announced its suit. “The Milwaukee Election Commission refutes the claims made by the RNC. Despite the MEC maintaining open communications with the RNC, including meeting as recently as last night, it seems that filing a lawsuit was their goal all along. The MEC denies the allegation that observers will be arbitrarily limited. However, observers may be subject to reasonable limitations, a power given to chief inspectors under Wisconsin law. At no point was the Republican Party denied the presence of an observer during the in-person absentee voting period, nor will they be denied that presence on Election Day.”

Gutiérrez, before the suit was announced, said central count at the Baird Center, where more than 105,000 absentee ballots are to be counted, was designed to accommodate approximately 2,900 people and that many observers would be allowed in, but asked not to congregate in certain areas.

“We don’t ever want to turn observers away,” she said during the press conference.

But Republicans leaders say the city is doing just that.

“Wisconsin voters deserve to know that there are poll watchers from both parties in the room as votes are being cast and counted on Election Day. The RNC has not recruited and trained thousands of volunteers in the Badger State simply to back down from misguided officials who want to prevent a full measure of poll-watching transparency. This lawsuit will compel officials in Milwaukee to ensure robust poll watcher access for the Republican Party,” said RNC chair Michael Whatley and co-chair Lara Trump in a statement.

The RNC is represented by attorneys Kevin Scott of New Berlin and Kurt Goehre of Green Bay. The case is pending before Judge Michael Hanrahan.

Election observers, under Wisconsin law, can be any individual with an interest in the election process. They are required to sign in at polling places. Additional behavior and location restrictions include a prohibition on taking photos or videos of ballots or the election process and a requirement that observers must stand between three and eight feet away from tables where voters sign-in or register to vote. They cannot attempt to influence the outcome of the election, including wearing clothing supporting a candidate.

The American Civil Liberties Union of Wisconsin encourages individuals experiencing issues to contact its election protection hotline at 866-OUR-VOTE (866-687-8683).

“If voters need assistance on Election Day or have witnessed issues at the polls, such as voter intimidation or other barriers to access, please contact Election Protection,” said Melinda Brennan, ACLU of Wisconsin executive director. “We’re ready to protect voters’ rights and ensure this election runs smoothly.”

Individuals, said Gutiérrez, may also contact law enforcement with urgent concerns about safety. “For safety and security, our law enforcement partners are out there,” said the election director. The U.S. Department of Justice announced Friday that Milwaukee is one of four Wisconsin locations where it is providing additional support during the election.

The RNC previously announced it hopes to have more than 5,000 observers at the polls in Wisconsin.