Law Forward Files Lawsuit Against Wisconsin Elections Commission Over Order to Reject 23 Madison Spring Election Ballots
Two Madison voters represented by Law Forward are among 23 who were disenfranchised through no fault of their own
MADISON, Wis. — Law Forward filed a new lawsuit today in Dane County Circuit Court on behalf of two Madison voters whose legally cast absentee ballots were counted on Election Day and then ordered thrown out by the Wisconsin Elections Commission (WEC) weeks later.
The plaintiffs are among 23 Madison voters whose votes WEC ordered excluded from the spring election results on April 30, after determining that the Madison City Clerk‘s Office delivered their ballots to their respective polling places minutes after polls closed on April 7. The voters themselves did everything right: they requested, completed, and returned their ballots well before the election – and they were properly counted by city and county election officials. The lawsuit details that the late delivery was the clerk’s error, not theirs, and that they should not be disenfranchised because of it.
With the state canvass deadline of May 15 approaching, the complaint seeks emergency relief to reinstate the original canvass totals and compel WEC to count the votes before that deadline.
“These voters did everything Wisconsin law asked of them, and the city and county properly counted their ballots,” said Jeff Mandell, Law Forward’s President and General Counsel. “Their votes were cast, received, and counted on Election Day. WEC is now trying to erase them from the record because of a clerical error these voters had absolutely no control over. Failing to count these absentee votes will only erode trust in our elections and jeopardize access to voting in future elections. It’s critical that the court take urgent action to ensure these votes are counted.”
The complaint draws on more than a century of precedent in Wisconsin holding that voters cannot be disenfranchised due to administrative failures by election officials. WEC’s April 30 order, the complaint argues, ignores that bedrock principle.
Before the state canvass is certified on May 15, Law Forward is seeking a court order requiring WEC to use the original canvass returns, which include all 23 voters’ ballots, in the final certified results of the April 7 election.
NOTE: This press release was submitted to Urban Milwaukee and was not written by an Urban Milwaukee writer. While it is believed to be reliable, Urban Milwaukee does not guarantee its accuracy or completeness.
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