Wisconsin

Under 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 Article

Wisconsin 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 Article

Wisconsin: 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 Article

Wisconsin 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 Article

Wisconsin 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 Article

Wisconsin 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 Article

Wisconsin 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

Do Wisconsin elections have enough funding with one source cut off? | Government | Andrew Bahl/The Cap Times

Wisconsinites voted in April to ban election officials from accepting private grant money, a nod to controversy stemming from the 2020 election. Some are wondering if this should signal big changes to how Wisconsin funds voting, including more state dollars being pushed out to clerks. When voters approved the constitutional amendments, there was no requirement that any lost private grant funding would be replaced by public money. Local officials from both parties say increased state funding is a good idea, but it remains unclear if the state Legislature will be moved by their requests. “I'm very nervous because we're looking forward to a presidential election,” said Rep. Lee Snodgrass, D-Appleton, the top Democrat on the Assembly Committee on Campaigns and Elections. “We know it's going to be contentious. It's the same people who were on the ballot last time. We know what happened the last time. Why wouldn't we want these municipalities to have every single thing that they might possibly need for every circumstance that might come up?” Read Article

Wisconsin: Milwaukee council confirms election chief after staff said she struggles with basic procedures | Alexander Shur/Votebeat

The Milwaukee Common Council confirmed city election chief Paulina Gutiérrez on Tuesday after election staff had repeatedly voiced concerns about her appointment and one sent the mayor a letter a month ago saying she struggled to handle her job. Gutiérrez, who joined the Milwaukee Election Commission in 2023 after holding jobs unrelated to election administration, is now slated to lead it through four elections in the next five months, including the contentious 2024 presidential election. She was confirmed unanimously without debate. Through a public records request, Votebeat obtained two letters from staff members outlining concerns about Gutiérrez, which they sent after they learned of her coming appointment, in a surprise move that included the ousting of longtime director Claire Woodall. Read Article

Wisconsin: Constitutional amendment on election workers draws input from liberal, conservative groups | Henry Redman/Wisconsin Examiner

A constitutional amendment passed by Wisconsin voters in April that limits who is allowed to work on tasks related to the administration of an election has drawn questions from across the state on how it should be interpreted. In recent weeks, both liberal and conservative groups have weighed in on the state Department of Justice’s effort to provide clarity. The amendment was one of two approved by voters in April. Both drew criticism from Democrats that they sprouted from Republican conspiracy theories involving false claims of voter fraud in the 2020 presidential election. One amendment banned the use of outside money for funding election administration. The other amendment, which passed in this year’s spring election with 58% of the vote, states that “only election officials designated by law may perform tasks in the conduct of primaries, elections, and referendums.” Election officials across the state have been seeking clarity on how the restriction should be applied. Read Article

Wisconsin: Milwaukee election shakeup triggers doubts about whether new leader is ready to run 2024 vote | Alexander Shur/Votebeat

Several members of Milwaukee’s election staff have voiced concerns to the mayor’s office about the inexperience of the new leader chosen to replace the Election Commission’s recently ousted executive director. The new head, Paulina Gutiérrez, became deputy director of the commission in 2023 and had worked in several other positions in city and state government before that. But during her tenure at the commission, she has not worked a federal general election. In addition to staff members raising concerns in a meeting with the mayor’s chief of staff and Gutiérrez herself, two employees wrote letters to the mayor’s office noting their doubts about whether she is equipped to lead the commission during a critical time in Wisconsin’s largest city, said a person close to the commission who requested anonymity to avoid professional consequences. Read Article

Wisconsin town under federal review after eliminating voting machines | Molly Beck/Milwaukee Journal Sentinel

The decision by a small board in the Town of Thornapple, Wisconsin, to eliminate electronic voting machines has drawn scrutiny from federal investigators, prompting questions about accessibility for voters with disabilities. The move to rely solely on hand-counted paper ballots, made in June 2023, has raised concerns about potential violations of federal laws mandating accessible voting options. The decision, which has roots in former President Donald Trump's false claims about the 2020 presidential election, has led to a federal investigation and legal challenges. Despite assertions from town officials that assistance is available for voters with disabilities, advocacy groups argue that the removal of electronic machines restricts the ability of some voters to cast their ballots independently and privately. Read Article

Wisconsin Supreme Court to revisit ruling that banned most ballot drop boxes | Adam Edelman/NBC

The Wisconsin Supreme Court is set to hear oral arguments Monday in a pivotal case that will determine the future of absentee ballot drop boxes in the battleground state’s elections. The case will give the court’s liberal majority the opportunity to reverse a ruling the court made less than two years ago — when conservatives held the majority — that significantly reduced the number of absentee ballot drop boxes in the state. If the court’s current 4-3 liberal majority overturns that ruling, it could result in a return of the widespread use of absentee ballot drop boxes for the upcoming presidential election. Read Article

Wisconsin: What we know about Milwaukee’s election plans after Claire Woodall | Alison Dirr and Mary Spicuzza/Milwaukee Journal Sentinel

Following Milwaukee Mayor Cavalier Johnson's announcement that Election Commission Executive Director Claire Woodall would not be reappointed, little information has surfaced regarding plans to ensure a smooth presidential election in November. Johnson intends to nominate Election Commission Deputy Director Paulina Gutiérrez to lead the commission, providing assurances of staff, equipment funding, and city government support for polling locations and absentee ballot counting. Despite concerns about the transition, Johnson expresses confidence in Gutiérrez's capabilities, amid intense scrutiny on Milwaukee's election administration, particularly given former President Trump's claims of "illegal votes" in 2020 and expected challenges in the upcoming election rematch. Read Article

Wisconsin Republicans recruiting legion of monitors to observe polls, set stage for lawsuits | Molly Beck/Milwaukee Journal Sentinel

The Republican National Committee and Trump campaign are set to mobilize tens of thousands of volunteers and attorneys to monitor and potentially challenge voting processes in battleground states like Wisconsin, echoing former President Donald Trump's baseless election claims and positioning the effort as a response to alleged "Democrat tricks" from the 2020 election. GOP officials aim to recruit 100,000 individuals nationwide for observing election processes, conducting regular training sessions, and focusing on various aspects of the electoral process, including early voting, absentee ballot processing, and post-election procedures. Read Article

Wisconsin election observers may have to keep their distance | Government | Erin McGroarty/The Cap Times

The Wisconsin Elections Commission is reviewing proposed rules regarding election observers, a critical issue given the state's potential role in the upcoming presidential election. Republican lawmakers previously sought to grant observers closer access to polling proceedings, but Governor Tony Evers vetoed the bill due to concerns about potential intimidation of election workers. The commission's draft rules maintain the current distance regulations, prompting some criticism from Republicans and residents who argue that observers need to be closer to effectively monitor for fraud. However, others, like Eileen Newcomer from the League of Women Voters, support the draft rules, emphasizing the need to balance transparency with ensuring voters' rights without intimidation. Read Article

Wisconsinites with disabilities demand a better way to vote at home, but security concerns may be a hurdle | Alexander Shur/Votebeat

Stacy Ellingen, an Oshkosh resident with athetoid cerebral palsy, faces formidable barriers when attempting to vote due to Wisconsin's insistence on paper ballots, a format she struggles to complete due to her disability. Although assistance is available, Ellingen hesitates to share her political preferences with caregivers and fears future elections when her parents may not be around to help. Alongside three other voters with disabilities and advocacy groups, Ellingen has filed a lawsuit against the Wisconsin Elections Commission, challenging the state's absentee ballot system for failing to accommodate individuals with disabilities, contending that it violates the Americans with Disabilities Act. The lawsuit aims to enable electronic absentee voting for people with disabilities, similar to what is available to military and overseas voters in many states. However, concerns over the security risks associated with internet voting persist, with experts cautioning against potential threats such as client-side malware, hacking of voters' computers, denial-of-service attacks, identity verification issues, and the absence of a physical ballot for voters to verify. Read Article

Wisconsin elections chief Wolfe gets extra security as Trump attacks | Molly Beck/Milwaukee Journal Sentinel

Former President Donald Trump is targeting Wisconsin Elections Commission administrator Meagan Wolfe, falsely accusing her of election rigging and pressuring top Republicans to remove her ahead of the next presidential election. Trump's attacks on Wolfe, similar to his tactics in Georgia, come amid ongoing threats against her, prompting additional security measures. Wolfe defends Wisconsin's election integrity, emphasizing the nonpartisan nature of her role and the dedication of local election officials. Despite Trump's claims, multiple audits and reviews confirmed the legitimacy of the 2020 election results in Wisconsin. However, his rhetoric raises concerns about public safety and the integrity of the electoral process, with officials urging focus on substantive issues rather than baseless allegations. Read Article

Wisconsin referendums passed; what’s next and what don’t we know yet? | Hope Karnopp/Milwaukee Journal Sentinel

Wisconsin voters have approved two statewide referendums, one prohibiting the use of private grants or donations to administer elections, and the other restricting election-related tasks to officials designated by law. Despite the majority vote, potential ambiguity, especially in the second question, raises concerns about possible lawsuits. Rick Esenberg of the Wisconsin Institute for Law & Liberty stated they would only sue if private parties sought to fund election administration, though the firm has challenged election laws before. Stemming from Republican scrutiny of "Zuckerbucks," the referendums address concerns over grants funding election activities, with opponents worried about the language's vagueness. Implementation timelines and potential legal challenges remain uncertain, including whether donations from individuals are also banned and the scope of tasks designated for election officials. Read Article

Wisconsin ballot questions on election administration are too vague, officials say | Alexander Shur and Jack Kelly/Votebeat

Wisconsinites will vote Tuesday on two proposed amendments to the state constitution that could reshape how elections are run in the state — but voters, and many election officials, don’t know exactly how the broadly written proposals would be interpreted by state election officials and the courts. Election officials said the second proposal could have especially unpredictable consequences. That one seeks to ban anybody besides election officials from performing “any task in the conduct of any primary, election, or referendum.” How strict would that ban be? Would it mean that elections officials couldn’t hire private companies to print ballots or assemble voting machines? Or that they couldn’t ask other city workers to set up polling sites? Officials and experts aren’t sure. Read Article

Wisconsin is lagging behind other swing states in shoring up election policies following 2020 chaos | Adam Edelman/NBC

Wisconsin, a critical battleground state, faces significant challenges in shoring up its election integrity ahead of the next presidential contest. Despite being a focal point of election disputes in 2020, little legislative action has been taken to address vulnerabilities exploited by Donald Trump's campaign. Efforts to clarify absentee ballot procedures and close loopholes remain stalled, exacerbating concerns among election officials and watchdogs. The decentralized nature of election administration and partisan gridlock have hindered progress, with the Wisconsin Elections Commission facing partisan attacks and threats. Read Article

Wisconsin: Milwaukee seeks election equipment grant ahead of April 2 referendum | Alison Dirr/Milwaukee Journal Sentinel

The Milwaukee Election Commission is seeking a private grant of nearly $800,000 for election equipment ahead of the November presidential election, with Executive Director Claire Woodall noting that the funding source, Washington D.C.-based Cities Forward, is a 501(c)(3) nonprofit whose donors remain undisclosed. Woodall emphasized the non-partisan nature of the grant and its agreement, which prohibits any attempts to influence election outcomes or engage in political campaigns. The grant request follows past scrutiny over similar grants, fueling speculation and ongoing debates about election integrity. The grant, if approved by the Common Council, would fund equipment purchases to address operational challenges, particularly related to absentee ballot processing. Read Article

Wisconsin fake elector settlement offers new details on the strategy by Trump lawyers | Sophia Tareen/Associated Press

A settlement reached in a lawsuit on Monday revealed that two attorneys for former President Donald Trump orchestrated a plan for fake electors to submit paperwork falsely claiming Trump won Wisconsin in an attempt to overturn Joe Biden's 2020 victory. The settlement, which followed a civil lawsuit brought by Democrats in 2022, unveiled over 1,400 pages of documents, emails, and text messages detailing the scheme's origins and replication in six other states. Although there is no admission of wrongdoing in the agreements, the attorneys promise not to participate in similar efforts in future presidential campaigns, with one also agreeing to pay an undisclosed amount to the plaintiffs. The documents illustrate how the attorneys utilized arcane laws to draft false certificates for fake electors and strategized to delay deadlines for certifying electoral votes while attempting to sway public opinion. Read Article

Wisconsin’s extreme gerrymandering era ends as new maps come into force | Sam Levine and Andrew Witherspoon/The Guardian

For over a decade, Wisconsin's state legislature elections have been effectively predetermined by heavily gerrymandered district lines favoring Republicans, regardless of voters' preferences. However, following a Wisconsin Supreme Court ruling striking down the state's legislative maps due to constitutional violations, new maps were passed by the Republican-led legislature last week, drawn by Governor Tony Evers. The new plan significantly shifts the political landscape, potentially allowing Democrats to vie for control of the state assembly in November and potentially the state senate in 2026. While the new map undoes some of the severe gerrymandering of the past decade, it still exhibits bias favoring Republicans, albeit to a lesser extent. Read Article

Wisconsin: ‘Monday processing’ bill appears unlikely to become law | Baylor Spears/Wisconsin Examiner

Wisconsin Assembly leaders are urging the Senate to pass a bill allowing for "Monday processing" of absentee ballots, arguing that it would enhance transparency and public confidence in the electoral system. Assembly Speaker Robin Vos criticized Senate Majority Leader Devin LeMahieu for suggesting the bill's unlikelihood of passage, emphasizing concerns over late-night ballot processing. Despite bipartisan support in the Assembly, the bill faces opposition in the Senate committee, with opponents citing unfounded election conspiracy theories. Read Article

Wisconsin Assembly passes bills regulating AI use in elections | Todd Richmond/Associated Press

Wisconsin lawmakers have passed bills focused on regulating artificial intelligence (AI) in election contexts, particularly concerning political advertising and disinformation. The legislation mandates that political candidates and groups using AI in ads must include disclaimers, aiming to enhance transparency for voters who may struggle to discern fact from fiction. These measures highlight efforts to safeguard election integrity and combat the spread of false information as the use of AI in political campaigns continues to evolve. Rerad Article

Wisconsin Elections Commission adopts partial witness address rules for absentee ballot envelopes | Mitchell Schmidt/Wisconsin State Journal

Wisconsin Elections Commission issues new guidance allowing local election officials to accept absentee ballot envelopes with partial witness address information, following a Dane County judge's order. The decision aims to ensure that ballots with discernible witness addresses are counted, amid concerns about potential disenfranchisement due to address errors. The ruling comes after a contentious debate, with a Republican commissioner proposing additional requirements for voters, which was rejected. Meanwhile, legislative Republicans introduced a bill to tighten absentee ballot requirements, including fines and jail time for violations, in a move challenged by Democrats. Read Article

Wisconsin: Challenge to absentee ballot rules is a step closer to state Supreme Court | Scott Bauer/Associated Press

Democrats are appealing the dismissal of their lawsuit challenging the constitutionality of several voting rules in Wisconsin, including the ban on absentee ballot drop boxes, which was implemented in 2022 after criticism from former President Donald Trump. The appeal comes after a circuit judge ruled that the lawsuit did not meet the high burden required to declare the voting rules unconstitutional in every application. The lawsuit, filed by national Democratic firm the Elias Law Group, seeks to reinstate drop boxes and eliminate requirements such as a witness signing absentee ballots and correcting ballot problems by 8 p.m. on Election Day, arguing that absentee voting is a right protected by the Wisconsin Constitution. Read Article

Wisconsin: Ballot drop box disinformation and the fight over voting | Hannah Ritvo/PBS

After a Wisconsin Supreme Court ruling to ban ballot drop boxes in the state, former President Donald Trump used social media to question past election results, claiming the decision includes the 2020 Presidential Election. The ruling, prompted by a lawsuit from the conservative law firm Wisconsin Institute for Law & Liberty, declared that drop boxes are not allowed for use in elections as they are not defined in state law. Despite the decision not applying retroactively to prior elections where drop boxes were used, supporters of Trump who deny the 2020 election outcome have cited the ruling, contributing to disinformation about the results. Read Article

Wisconsin GOP rift over impeaching Meagan Wolfe boils over in Assembly | Molly Beck/Milwaukee Journal Sentinel

Divisions within Wisconsin Republican lawmakers have escalated as leaders continue to obstruct efforts by a small faction to impeach the leader of the Wisconsin Election Commission, Meagan Wolfe. Representative Janel Brandtjen attempted for the second time to bring forward a resolution for impeachment proceedings against Wolfe over false claims about the 2020 election. Assembly Majority Leader Tyler August blocked the move, describing it as a "big show for the cameras." Read Article