Wisconsin Supreme Court rules that RFK Jr. must stay on November ballot | Alexander Shur/Votebeat
The Wisconsin Supreme Court rejected Robert F. Kennedy Jr.’s request to have his name removed as an independent presidential candidate from the November ballot or covered with stickers, a relief for local clerks. The court on Friday upheld a decision by the bipartisan Wisconsin Elections Commission to keep Kennedy — who dropped out on Aug. 23 and endorsed former President Donald Trump — on the ballot despite his request to drop out. The commission cited a law saying qualified nominees can only get off the ballot if they die. “It’s good to have that done so we could focus more on the election,” Waukesha County Clerk Meg Wartman, a Republican, said about the case. She said around 40,000 ballots had already gone out in the county, and some had already been returned. Read ArticleWisconsin: Department of Justice sues 2 Rusk County towns over accessible voting machines | Mary Spicuzza Jessie Opoien/Milwaukee Journal Sentinel
The U.S. Department of Justice has sued two northern Wisconsin towns accusing them of not having voting machines accessible to people with disabilities. The DOJ said it had reached an agreement with the Town of Lawrence to resolve its complaint, but not the Town of Thornapple. Both towns are in Rusk County. The complaint also said the State of Wisconsin failed to ensure every polling place within the state was accessible to voters with disabilities, as required by federal law. "Our democracy works when voters with disabilities have the right to vote on the same terms as any other voter. By failing to offer accessible voting systems, Thornapple and Lawrence shirked their responsibilities under the Help America Vote Act to provide equal access to the ballot for all voters," Assistant Attorney General Kristen Clarke of the DOJ's Civil Rights Division said in a statement. Read ArticleWisconsin Elections Commission spars over how absentee ballots must be returned on Election Day | Rich Kremer/WPR
During a sometimes tense meeting Tuesday, Republicans and Democrats on the Wisconsin Elections Commission battled over how absentee ballots from voters should get to clerks. The discussion stems from two complaints alleging clerks in Greenfield and Brookfield broke the law by requiring ballots to be delivered to the clerks’ offices rather than allowing voters to drop them off at their polling place. The clerks also ended drop-off times for absentee ballots before the close of in-person voting on election day. Draft memos from Wisconsin Elections Commission attorneys found the Greenfield and Brookfield clerks “abused” their discretion and didn’t follow state law, but because of a recent court ruling, the final decision had to come from the commission’s six-member board. Read ArticleWisconsin clerks in sticker shock over Robert F. Kennedy Jr.’s request to have name covered on ballot | Alexander Shur/Votebeat
Wisconsin election officials are alarmed by a request from onetime presidential candidate Robert Kennedy Jr. that may force them to apply stickers to cover up his name on millions of ballots, warning that it would be a big hassle to get the stickers on right, and could gum up the works on Election Day. The Wisconsin Elections Commission turned down Kennedy’s bid on Aug. 27 to get his name removed from the ballot, citing a state law that says qualified nominees must appear on the ballot unless they die. But Kennedy has asked a court to order that his name be removed or covered up on the ballot with a sticker, a task that would have to be overseen by municipal clerks around the state. Read ArticleWisconsin town faces new complaint over barriers to accessible voting | Tamia Fowlkes/Milwaukee Journal Sentinel
Disability Rights Wisconsin and the firm Law Forward have filed a complaint to the Wisconsin Elections Commission in response to the northern Wisconsin Town of Thornapple's decision to eliminate electronic voting machines in this year's April and August elections. The complaint comes a week after the U.S. Department of Justice threatened a lawsuit for the Rusk County towns of Lawrence and Thornapple for failing to offer voting equipment for people with disabilities. The complaint alleges that Suzanne Pinnow, Thornapple town clerk, violated the Help America Vote Act of 2002 by halting the usage of electronic voting machines for the April presidential primary. The suit argues that without an electronic voting machine, voters with disabilities have more limited options to cast a ballot privately and independently. Read ArticleWisconsin social studies teachers face restrictions, complaints for teaching elections | Beatrice Lawrence/WPR
Social studies teachers are returning to the classroom during the home stretch of a contentious election season in Wisconsin. On top of their back-to-school responsibilities, they’re navigating how to teach about the topic in a politically polarized state. Sarah Kopplin is a social studies teacher at Shorewood Intermediate School and president of the Wisconsin Council for the Social Studies. She said an alarming number of social studies teachers around the state have seen pushback on their lessons about elections and other current events. A survey from the council found 42 percent of council member respondents reported that building administration, school boards or community members lodged complaints or put restrictions on lessons related to politics, an election or current events, Kopplin said on WPR’s “Wisconsin Today.” Read ArticleWisconsin towns pass poll worker protections after state kills bill | Andrew Bahl/The Cap Times
In the small towns of Armstrong Creek and Caswell in rural Forest County, municipal clerk Tamaney "Sam" Augustin has only a small group of poll workers — and the ones she does have, she wants to keep safe. That’s why she insisted on making changes at one of the polling places in the two towns, which combined have fewer than 500 residents. When she took over as clerk in 2019, she told workers to move things around to position themselves near a door, fearing they would otherwise be unable to escape if an armed person came into the room. “You don't want to think that something like that's going to happen, but you have to be prepared,” Augustin said. “And what better way to disrupt elections and everything than to go into a small, rural area and do it, because that could put a whole new wrinkle into everything.” Read ArticleWisconsin: Ballot drop boxes prove popular as they return to some cities for the primary | Alexander Shur/Votebeat
They opened to fanfare, and closed on or just before election day, having fulfilled their purpose. Absentee ballot drop boxes were back in Wisconsin for the first time in over two years, and everything seemed to go just fine. For Tuesday’s primary, voters in many Wisconsin municipalities had their first opportunity in several elections to return their ballots to a drop box. That could have been at one of the 14 drop boxes in Madison, one of the 13 locations in Milwaukee, the red drop box outside of Racine’s City Hall, or one of the other drop boxes located in places from Onalaska to Rhinelander. Many municipalities that used to have drop boxes didn’t reopen them for this election for various reasons, from a rusted drop box lock to a lack of time — the Wisconsin Supreme Court’s July 5 decision unbanning them came less than six weeks before the primary. Many of those cities plan to have drop boxes available in November, though. Read ArticleUnder Wisconsin’s ‘drawdown’ election law, one person’s error can cost another person their vote | Alexander Shur/Votebeat
Consider this scenario: An absentee ballot in Wisconsin gets returned with an error, like the voter failing to sign the envelope, but it mistakenly gets counted anyway, because a municipal election worker initially didn’t catch the error when taking the ballot out of the envelope. Later, perhaps during a recount, a worker catches the error and has to mark that voter as invalid. And now the number of ballots in the counting pile is one greater than the number of valid voters. The solution? Just pull one random ballot out of the pile and set it aside to not be counted. Now the numbers match up. But someone — it’s impossible to know who — got their valid vote tossed. It may not seem fair, but it actually happens from time to time in Wisconsin — and almost nowhere else — because of an election law that’s nearly as old as the state. Election officials aren’t crazy about the practice, called a ballot drawdown, and say it is reserved only for extraordinary cases. Read ArticleWisconsin judge refuses GOP request to pause absentee voting ruling sought by disabled people | Scott Bauer/Associated Press
A judge refused Thursday to put on hold his ruling that allows disabled people in Wisconsin to be emailed absentee ballots at home in November’s presidential election in the closely watched battleground state. Republicans asked the judge to not enforce his ruling while their appeal is pending. But Dane County Circuit Judge Everett Mitchell on Thursday rejected their arguments, saying putting his ruling on hold “would inflict significant harm on both the disability rights advocates and the public interest.” It will now be up to the state appeals court to decide whether to pause the ruling that opens up a new way for an unknown number of disabled voters to cast their ballots in swing state Wisconsin before the Nov. 5 election. Read ArticleWisconsin: Appeals court makes it harder to disqualify absentee ballots | Todd Richmond/Associated Press
Absentee ballots still count in Wisconsin even if voters’ witnesses fail to give election clerks their full address, a state appeals court has ruled. The decision Thursday by the 4th District Court of Appeals is expected to expand the number of absentee ballots that will be counted in the battleground state with yet another tight presidential race looming in November. Each of the last two presidential elections in Wisconsin was decided by fewer than 23,000 votes. Polls show another close race this year between President Joe Biden and former President Donald Trump. Biden campaign officials have said winning the so-called blue wall of Michigan, Pennsylvania and Wisconsin offers the president the clearest path to victory. Read ArticleWisconsin rules on ballot drop boxes create opening for election challenges | Alexander Shur/Votebeat
Voters using Wisconsin’s newly legalized drop boxes may return only their own ballots, except in special cases, according to new guidance from the Wisconsin Elections Commission. That means even a voter dropping off a spouse’s ballot along with their own could be considered as having cast a ballot improperly. The rule could be difficult for municipal clerks to enforce. But it leaves an opening for potential challenges from conservative election activists, who are already preparing to act on suspicions that Democratic voters will abuse the boxes to commit fraud. Allegations of drop box misuse could also spur legal challenges to election results, experts say. In the run-up to this year’s elections, local officials are dealing with heavy scrutiny from election observers seeking to challenge absentee ballots, and Republicans have sought to increase the number of people monitoring drop boxes. Read ArticleWisconsin Supreme Court reinstates absentee ballot drop boxes | Lawrence Andrea and Molly Beck/Milwaukee Journal Sentinel
Wisconsin’s Supreme Court on Friday restored the use of absentee ballot drop boxes in the swing state ahead of the upcoming elections — a reversal of a past decision from the court that could impact voter participation. The 4-3 decision was a win for Democrats who argued the longstanding practice of allowing voters to file ballots into the locked, unmanned boxes made voting more accessible. That process, however, was highly criticized in 2020 by former President Donald Trump and Republicans who claimed without evidence that the boxes and absentee voting were rife with fraud. Read ArticleWisconsin judge allows disabled voters to electronically vote from home | Todd Richmond/Associated Press
Local election officials in battleground state Wisconsin will be allowed to send absentee ballots to disabled voters electronically in November’s presidential election, a judge ruled Tuesday. Dane County Circuit Judge Everett Mitchell issued a temporary injunction that allows voters who self-certify that they can’t read or mark a paper ballot without help to request absentee ballots electronically from local clerks. The voters can then cast their ballots at home using devices that help them read and write independently. They will still be required to mail the ballots back to the clerks or return them in person, the same as any other absentee voter in the state. More than 30 states allow certain voters to return their ballots either by fax, email or an online portal, according to data collected by the National Conference of State Legislatures and Verified Voting, a nonpartisan group that studies state voting systems. The method has expanded in recent years to include disabled voters in a dozen states. Experts have warned, however, that electronic ballot return carries risks of ballots being intercepted or manipulated and should be used sparingly. Read ArticleWisconsin election officials get some clarity on which tasks they’re allowed to outsource | Alexander Shur/Votebeat
Wisconsin election officials welcomed a clarification from the state attorney general this week on the scope of a constitutional amendment limiting who can conduct elections. But some local clerks and legal experts aren’t convinced that it’s enough to curb confusion over the measure or the risk of disruptive lawsuits. The short text of the amendment states, “No individual other than an election official designated by law may perform any task in the conduct of any primary, election, or referendum.” The opinion from Attorney General Josh Kaul, a Democrat, held that clerks can continue working with private vendors on tasks like ballot design, despite a conservative group suggesting — and clerks fearing — otherwise. The amendment “does not apply to more ordinary circumstances in which an election official works with or is assisted by non-election officials in ensuring the proper administration of an election,” Kaul said. He added that clerks can continue working with non-election officials to print ballots and enhance cybersecurity, and can use law enforcement personnel to transfer ballots. Read Article