Wisconsin appeals court tosses improper temporary injunction for emailed absentee ballots | Destiny DeVooght/Courthouse News Service

A Wisconsin appeals court reversed on Wednesday a temporary injunction by the circuit court that would allow visually impaired voters to request emailed absentee ballots to be digitally marked and returned in person. In 2024, Disability Rights Wisconsin and the League of Women Voters of Wisconsin filed suit against the Wisconsin Elections Commission, alleging the present absentee voting scheme is unlawful to print-disabled absentee voters because they cannot cast their ballot privately and without assistance. Specifically, they argued that this violates the Americans with Disabilities Act, the Rehabilitation Act, and Article III of the Wisconsin Constitution, which states that “all votes shall be by secret ballot,” according to the appellate brief. Read Article

Wisconsin voters give notice they’re suing over misplaced ballots in the November election | Scott Bauer/Associated Press

Four Wisconsin voters whose ballots were not counted in the November presidential election initiated a class-action lawsuit Thursday seeking $175,000 in damages each. The voters were among 193 in Madison whose ballots were misplaced by the city clerk and not discovered until weeks after the election. Not counting the ballots didn’t affect the result of any races. The Wisconsin Elections Commission investigated but did not determine whether Madison Clerk Maribeth Witzel-Behl failed to comply with state law or abused her discretion. She didn’t notify the elections commission of the problem until December, almost a month and a half after the election and after the results were certified on Nov. 29. Read Article

Wisconsin’s inconsistent ballot instructions put voters at risk | Alexander Shur/Votebeat

In some states, a lack of required uniform instructions on how to cast and return absentee ballots is leading to voter confusion and sometimes disenfranchisement, disability and voting advocates say. States that provide less specific instructions or conflicting information put their voters at risk, said Barbara Smith Warner, executive director of the National Vote at Home Institute. “If the idea is that everybody has the same right to vote, then everyone should have the same information about how to do it,” she said. “Anything less than that just feels like a setup for voter disenfranchisement.” Wisconsin’s rules create just that sort of risk. State law requires the Wisconsin Elections Commission to develop uniform instructions for absentee ballots, but it doesn’t specify what those instructions should cover. Moreover, the law doesn’t explicitly require municipalities to actually use the WEC instructions. Read Article

Wisconsin Supreme Court Preserves Municipal Control Over Early Absentee Voting Sites | Rachel Selzer/Democracy Docket

In a 4-3 ruling, the Wisconsin Supreme Court dismissed a right-wing legal challenge that sought to limit the authority of municipalities to designate early absentee voting locations and prevent future use of a mobile voting van deployed by the city of Racine during the 2022 election cycle. The majority opinion — from which all of the court’s conservative justices dissented — did not address the merits of the case, instead concluding that the individual plaintiff who sought judicial review lacked standing. Read Article

Wisconsin’s top election official heads off Republican attempt to oust her | Alexander Shur/Votebeat

What happened? The Wisconsin Supreme Court unanimously ruled last week that the state’s chief election official, Meagan Wolfe, can stay in her job even though her term has expired, heading off a yearslong effort by some Republicans to oust her. The court found that although Wolfe’s term expired in 2023, the Wisconsin Elections Commission had no duty to reappoint or replace her, because her position isn’t vacant. What’s the dispute? Wolfe became the Wisconsin Elections Commission’s administrator in 2018 after working for the agency and its predecessor in other roles, and has been a holdover appointee since the summer of 2023. She is considered one of the most respected — and scrutinized — election officials nationwide, but she became a Republican target after President Donald Trump lost Wisconsin in the 2020 election and took heat for the commission’s decisions in administering that election. Read Article

Wisconsin: Republicans raise questions about proposed election observer rules | Rich Kremer/WPR

Republican state lawmakers raised questions Tuesday about a 12-page rule proposal aimed at clarifying what Wisconsin election observers can and can’t do at polling places. The Wisconsin Elections Commission, which drafted the rule, says the package is needed because state law is vague on questions ranging from how close observers can stand to what documents they can look at. Election observers are individuals who oversee voters and local officials during the election process at polling places and central count locations in large cities where absentee ballots are processed. Read Article

Wisconsin: Who knew about Madison’s 200 uncounted ballots? Voters get conflicting accounts. | Alexander Shur/Votebeat

Madison voters and state investigators are getting conflicting accounts from city and county officials about what happened after batches of uncounted ballots were discovered in the weeks after Election Day in November. Madison’s city clerk says her office reported the first ballot discovery promptly to the county. The Dane County clerk says that didn’t happen. And the mayor’s office says it didn’t get word from the city clerk either. The communication breakdown, wherever it occurred, meant that ballots that still could have been counted after they were found weren’t included in the state’s final tallies. The Wisconsin Elections Commission is investigating. Read Article

Wisconsin Assembly sends voter ID constitutional amendment to voters | Molly Beck/Milwaukee Journal Sentinel

Wisconsin voters in April will decide whether to amend the state constitution to include the existing law requiring voters to show photo identification while casting ballots — a move Republicans are hoping will protect the law from being overturned by a liberal-controlled state Supreme Court. Assembly lawmakers on Tuesday approved a resolution 54-45 along party lines to ask voters in the April 1 election to approve the photo ID amendment. The vote was the last hurdle in a two-year process to amend the state constitution and will put the question to voters in the same election they will decide partisan control of the state’s highest court. State laws already require voters to show photo identification, but the measure now moves the question to voters in a statewide referendum on the spring election ballot. If passed, the rule will be included in the Wisconsin Constitution. Read Article

Wisconsin: Two changes that could speed up election results — and stave off conspiracy theories | Alexander Shur/Votebeat

It’s a known risk for the municipal clerks who run Wisconsin elections: Starting at 7 a.m. on election day, they have around 16 hours to finish counting every vote, or they may start facing accusations of a fraudulent late-night “ballot dump.” Those baseless allegations, which sometimes go viral, have plagued election officials across the state but especially in Milwaukee, where counting often finishes in the early morning hours after election day. Republican candidates have repeatedly cast suspicion on the timing of results in the largely Democratic city to explain away their statewide losses. Currently, there’s little election officials can do to finish counting ballots sooner. Under state law, clerks must wait until the morning of election day to begin processing ballots and counting votes, even if they received those ballots weeks earlier. Read Article

Wisconsin Elections Commission seeks answers on uncounted Madison ballots | Alexander Shur/Votebeat

The Wisconsin Elections Commission unanimously authorized an investigation Thursday into Madison’s mishandling of nearly 200 absentee ballots from the November 2024 election that were never counted. It’s the first such investigation that the bipartisan commission has authorized since becoming an agency in 2016. The review will allow the agency to probe whether Madison Clerk Maribeth Witzel-Behl violated the law or abused her discretion. Read Article

Wisconsin Assembly Republicans pushing voter ID amendment, pre-election ballot processing | Adam Kelnhofer and Mitchell Schmidt/Wisconsin State Journal

Amending the state Constitution to require an ID to vote and passing a bill to allow clerks to start processing absentee ballots before election night are among Republican Assembly Speaker Robin Vos’ top priorities for this legislative session, Vos said Wednesday. Vos told the Wisconsin State Journal he wants the Legislature to move swiftly and approve the voter ID proposal at the beginning of the session so it can go before voters in the April election, which includes a high-profile race for the Wisconsin Supreme Court. Liberals currently have a 4-3 majority on the court, but that could change depending on who wins this spring. Read Article

Wisconsin Republicans will cast electoral votes for Trump in line with federal, not state, law | Scott Bauer/Associated Press

Wisconsin Republicans will meet Tuesday as required under federal law to cast the state’s Electoral College votes for President-elect Donald Trump, not a day earlier as state law calls for, after elections officials and the state Department of Justice agreed that is the proper day to do it. The Wisconsin Republican Party sued last week seeking an order to resolve which of the two dates it should meet. The state Department of Justice and the Wisconsin Elections Commission agreed that the votes should be cast Tuesday in accordance with federal law. The Justice Department asked that the case be dismissed. U.S. District Judge James Pederson dismissed the case Thursday because everyone agreed that federal law should be followed, essentially making the lawsuit moot. Read Article

How Wisconsin election chief Meagan Wolfe navigated years of job pressure | Alexander Shur/Votebeat

Shortly after former Wisconsin Supreme Court Justice Michael Gableman commenced his error-ridden and fruitless investigation into the state’s 2020 election, he raised eyebrows when he derided chief election official Meagan Wolfe’s clothing choices. “Black dress, white pearls — I’ve seen the act, I’ve seen the show,” he said on a conservative radio program in spring 2022. Not long after that comment, Wolfe was scheduled to appear at a county clerk conference, and a county clerk bought fake pearl necklaces for everyone in the room, according to Wood County Clerk Trent Miner, a Republican. “Every one of us, men, women … were wearing those pearl necklaces to show support for her,” he said. “There’s nothing but support from the county clerks for Meagan and the job that she does.” Read Article

Wisconsin: Conspiracy theorists again seize on Milwaukee election error | Alexander Shur/Votebeat

In the early morning following Election Day in 2020, Claire Woodall, then Milwaukee’s elections chief, mistakenly left behind a USB stick carrying vote totals at the city’s central absentee ballot counting facility. Election conspiracy theorists quickly seized on the mistake, accusing Woodall of rigging the election. Their claims were baseless, but the mistake increased scrutiny on the city’s election staff and led Woodall to create a checklist to make sure workers at central count didn’t overlook any critical steps in the future. This year, despite the checklist, Milwaukee election staff at central count made another procedural mistake — and once again left the door open to conspiracy theorists. Somebody — city officials haven’t said who — overlooked the second step outlined on the checklist and failed to lock and seal the hatch covers on the facility’s 13 tabulators before workers began tabulating ballots. For hours, while counting proceeded, the machines’ on-off switches and USB ports were left exposed. Read Article

Wisconsin Supreme Court hears case over fate of elections chief Wolfe | Jessie Opoien/Milwaukee Journal Sentinel

The state Supreme Court on Monday heard arguments in a case that will determine whether Republican lawmakers can remove or replace Wisconsin’s top elections official as she remains in the post beyond the expiration of her term. Dane County Circuit Judge Ann Peacock ruled in January that Senate Republicans do not have the authority to remove or replace Wisconsin Elections Commission administrator Meagan Wolfe — a decision legislative Republicans appealed and brought to the state’s high court. Peacock ruled Wolfe legally retains her position beyond an expired term because of a 2022 ruling that allowed Frederick Prehn, a holdover from Republican former Gov. Scott Walker’s administration, to remain on the state’s Natural Resources Board nearly two years after his term ended. Read Article

Wisconsin Supreme Court case could decide fate of state’s top election official | Alexander Shur/Votebeat

A lawsuit that could determine whether Wisconsin Elections Commission Administrator Meagan Wolfe can keep her job is coming before the state Supreme Court on Monday. The case focuses on the legality of appointees staying on after their terms expire, rather than any matter of her performance as the state’s top election official. Republicans began targeting Wolfe, a nonpartisan appointee, after Donald Trump lost Wisconsin in the 2020 election. Since then, she has endured criticism from Trump supporters for several decisions that the election commission made, as well as for some memos she sent to clerks who run local elections. As Wolfe’s term expired in the summer 2023, the election commission deadlocked on her reappointment. Shortly after, the Republican-controlled state Senate voted to fire her in a move that it later said was only symbolic, but that triggered a protracted fight. Read Article

Wisconsin: Milwaukee mistake stands out in otherwise smooth election | Alexander Shur |/Votebeat

Polls closed across Wisconsin after an Election Day marked most notably by a human error in Milwaukee that prompted city election officials to count 31,000 absentee ballots all over again, potentially delaying the state’s unofficial results for hours. In other areas around the state, problems appeared minimal despite long lines and rain. Some election officials said they had unprecedented turnout but managed it. Madison received bomb threats, likely originating from Russia, directed at several current and former polling places, but city police didn’t deem the threats credible and didn’t interrupt voting because of them. By 9 p.m., election officials had already tabulated around 1.4 million absentee and in-person ballots across the state. Read Article

Wisconsin early voting slowed by label printing problems | Patrick Marley/The Washington Post

Early voting kicked off in this battleground state this week with computer delays and long lines. Voters on Tuesday and Wednesday faced long waits as clerks tried to print labels with their names and addresses. The labels are affixed to the ballot envelopes that voters are required to use. Ordinarily, each label can be printed immediately. But since Tuesday, they have taken two minutes or longer to print, clerks said. Each delay causes a chain reaction that exacerbates the long lines. State election officials announced late Tuesday that the computer issues had been resolved but acknowledged Wednesday that the problems had recurred. They said the printing delays appeared to be part of an unspecified information technology problem affecting other government agencies as well. Read Article

Wisconsin voters are hearing a lot about noncitizen voting that rarely happens | Alexander Shur/Votebeat

Melissa Kono had just finished a training session with a new Republican poll worker in 2014 when she asked the poll worker if she had any questions. “Her question was, ‘What do I do when all the Mexicans come in to vote?’” recalled Kono, the town clerk in Burnside, in western Wisconsin’s Trempealeau County. “And I was speechless, because I was like, that just doesn’t happen. There’s all this other stuff you should be asking questions about because it’s new to you … I was just flabbergasted by that comment.” Since then, as she trains poll workers and clerks across the state, Kono said she has seen the worry over noncitizen voting grow. At this point, she said, the baseless concern that noncitizens will vote en masse in the Nov. 5 presidential contest is the election conspiracy theory she hears about most from GOP poll workers and voters. The suspicion plays into growing doubts about the integrity of elections and century-old stereotypes of immigrants as criminals. GOP talking point on noncitizen voting permeates Wisconsin – Votebeat

Wisconsin: Voting rights groups seek investigation into intimidating text message | Scott Bauer/Associated Press

Voting rights advocates on Tuesday asked state and federal authorities to investigate anonymous text messages apparently targeting young Wisconsin voters, warning them not to vote in a state where they are ineligible. Free Speech for People, on behalf of the League of Women Voters of Wisconsin, made the request to the U.S. Department of Justice as well as the Wisconsin Department of Justice. The letter says that “thousands of young voters across Wisconsin” received the text message last week, including staff members at the League of Women Voters and students at the University of Wisconsin. The text in question cites Wisconsin state law prohibiting voting in more than one place and says that violating the law can result in fines of up to $10,000 and 3.5 years in prison. “Don’t vote in a state where you’re not eligible,” the text said. Read Article

Wisconsin: Federal judge orders Rusk County town to bring back voting machines for voters with disabilities in future elections | Rich Kremer/WPR

A federal judge has ordered the Rusk County Town of Thornapple to resume using electronic voting machines after the town’s board switched to hand-counting paper ballots in two elections this year. The order says the town violated federal law aimed at making voting easier for people with disabilities. A preliminary injunction issued Friday by Chief U.S. District Judge James Peterson for Wisconsin’s Western District, states that the town’s clerk and three-member board of supervisors violated the Help America Vote Act, or HAVA, by failing to provide at least one “voting system equipped for individuals with disabilities” at its single polling place in the April 2 and Aug. 13 elections. According to court documents, the town’s former clerk Suzanne Pinnow cited “the controversial nature of electronic voting machines” during a June 2023 town board meeting as part of the justification for moving to hand-counted, paper ballots. Read Article

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 Article

Wisconsin: 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 Article

Wisconsin 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 Article

Wisconsin 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 Article

Wisconsin 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 Article

Wisconsin 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 Article

Wisconsin 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 Article

Wisconsin: 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 Article

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