Wisconsin judge sides with Republicans on mail-in ballot boxes
MADISON, Wis. (AP) — A Wisconsin judge on Thursday sided with conservatives, ruling that mail-in ballot boxes cannot be located anywhere except at local clerk offices and that no one other than the voter cannot return such a ballot.
The ruling, which will almost certainly be appealed all the way to the Wisconsin Supreme Court, hurts Democrats who pushed for increased use of mail-in voting during the pandemic in 2020 when President Joe Biden defeated Donald Trump by less than 21,000 votes. It comes 10 months before Democratic Governor Tony Evers and Republican U.S. Senator Ron Johnson are due for re-election in key races targeted by both parties.
Extract from the archives (December 2020): Trump is suing to disqualify more than 221,000 Wisconsin ballots in a bid to reverse his loss
““If it goes into effect, this decision will prevent some people from voting.””
See: Wisconsin Republican Ron Johnson will run for re-election to the Senate, overturning his self-imposed term limit vow
Ballot box supporters will seek a stay of the ruling, said attorney Jeff Mandell, who is with the Law Forward group that represented Disability Rights Wisconsin and other groups in the case. He said the case is ignoring the law to gain political advantage.
“If it goes into effect, this decision will prevent some people from voting,” Mandell tweeted.
The lawsuit is part of a multi-pronged attack on mail-in ballots by Republicans in Wisconsin. Republicans are also trying to change state law to limit ballot boxes and force the state’s bipartisan Elections Commission to enact rules limiting their location.
“More than 40% of all voters in the 2020 presidential election voted by mail, a record.”
The Republican push against mail-in ballots comes after Biden’s victory. A Republican-ordered investigation into the Wisconsin election is ongoing, even after numerous lawsuits, recounts and other inquiries confirmed Biden’s victory and determined there was no widespread fraud.
Extract from the archives (April 2021): Wisconsin Supreme Court blocks Republican-backed voter roll purge
See also (December 2021): Swing-state Republicans push full steam ahead on 2020 election reviews, even as no evidence of vote rigging emerges
Republicans have taken similar steps since Trump’s defeat to tighten ballot access in other battleground states. The restrictions specifically target voting methods that are gaining popularity and raise barriers to mail-in and early voting that saw explosive growth at the start of the pandemic. More than 40% of all voters in the 2020 presidential election voted by mail, a record.
The ruling, if upheld, means no ballot boxes can be used in the upcoming spring primary elections on February 15, with a host of local races. The spring general election will take place on April 5.
One of the defense attorneys told the judge following his oral ruling that the changes he ordered were contrary to a 2006 U.S. Supreme Court ruling that election rules should not not be changed close to the time the ballots are cast, as this creates confusion.
Waukesha County Judge Michael Bohren responded that he was confident the changes could be executed in time. Election commission spokesman Riley Vetterkind said staff and commissioners plan to review the court order and consult with attorneys in the coming days.
Bohren ruled that mail-in ballots could only be returned by mail or dropped off at the local elections clerk’s office by the person who voted, prohibiting the practice known as “ballot harvesting”. Events such as “Democracy in the Park,” in which election officials accepted mail-in ballots at more than 200 city parks in 2020, would be banned.
The lawsuit filed on behalf of two Milwaukee voters by the conservative law firm Wisconsin Institute for Law & Liberty is opposed by the Democratic Senate Campaign Committee, Wisconsin Elections Commission, Disability Rights Wisconsin, Wisconsin Faith Voice For Justice and the League of Women Voters of Wisconsin.
Wisconsin state law is silent on drop boxes, prompting Republicans who control the Legislature to pass legislation specifying where they can be placed. The Elections Commission has said local clerks can put drop boxes anywhere they want, while some Republicans have said it’s illegal.
Bohren ruled that the commission had no legal authority to issue these guidelines and ordered that the memos it issued be withdrawn within 14 days and not acted upon by local election officials.
Luke Berg, an attorney for those challenging the current practice, said that under current Election Commission guidelines, “a shoebox in the park would be legal to accept ballots.”
It’s a ridiculous argument, countered Steven Kilpatrick, a Justice Department lawyer representing the Elections Commission.
Last year, Evers vetoed Republican bills that would have limited the location of mail-in ballot boxes and that could return ballots.
There are two other lawsuits on the same subject. Former Lt. Governor Rebecca Kleefisch, a Republican gubernatorial candidate, made similar arguments in a case she asked the conservative-controlled Wisconsin Supreme Court to take directly. He did not say whether he would hear the case and had previously decided he would not contest the ballot boxes until he had made his way through the lower courts.
A third lawsuit filed earlier this month by a voter seeks to overturn the state Election Commission’s dismissal of a complaint he filed about the ballot boxes.
On Monday, Republicans on a legislative committee voted to force the Elections Committee to pass formal ballot box rules.
Extract from the archives (December 2019): Trump campaign adviser tells Wisconsin Republicans in secret recording that voting tactics will be stepped up