Wisconsin judge bars election clerks from fixing absentee ballot witness certificates | Joe Kelly/Courthouse News Service
A Wisconsin judge on Wednesday ruled that guidance the state elections commission gave to clerks allowing them to fix errors on an absentee ballot envelope’s witness certificate was unlawful and preliminarily gave it one week to take the guidance back. Saying that “the state has a compelling interest in preserving the integrity of the electoral process,” Waukesha County Circuit Court Judge Michael Aprahamian declared state law does not allow curing witness certificates, prohibited the Wisconsin Elections Commission from advising clerks they could do so, and gave the WEC until Sept. 14 to notify clerks its guidance on the matter is invalid and contrary to law. Though the practice has been allowed without major issue since 2016, it has been in Republicans’ crosshairs since more than 1.9 million absentee ballots were cast in the Badger State during the 2020 election, which resulted in Donald Trump’s narrow 21,000-vote loss to Joe Biden in the battleground. Wednesday’s decision is a victory in their recent concerted efforts to restrict all kinds of absentee voting protocols. The underlying lawsuit was filed in Waukesha County Circuit Court in July by the Republican Party of Waukesha County and three taxpayers, who claimed the practice of adding or altering information on witness certificates is not allowed under state law. The WEC — a six-member bipartisan board of commissioners appointed by state officials who then appoint an administrator for state Senate approval — in October 2016 issued a guidance memo saying a complete witness address on a certificate must contain a street number, street name and name of municipality. The commission gave clerks some options for corrective action if some information is missing, including adding a missing municipality or ZIP code.
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