(The Center Square) – A bipartisan election integrity group is warning that the city of Madison’s argument for not counting nearly 200 absentee ballots in the 2024 presidential election could set a dangerous precedent in the state.
Law Forward filed a class action lawsuit in March on behalf of absentee voters in Madison after 193 absentee votes were found sealed in courier bags and had not been counted in the Nov. 5, 2024, election.
The city of Madison recently argued in a motion to dismiss that state law establishes a process to absentee vote but states that absentee voting is not a constitutional right that must be protected.
“The argument made by the city of Madison and former Clerk Witzel-Behl would set a dangerous precedent as we enter a midterm year with mail-in balloting across the country in the forefront of voter’s minds,” Democracy Defense Project – Wisconsin board member Mike Tate said in a statement. “Over and over again, claims of fraud have been shown to be minimal and are subsequently prosecuted, while cases of human error such as this result in more disenfranchised voters in our state.
“We must come together to improve our system instead of causing confusion through misinterpretation of a law meant to make absentee requirements clear.”
The Wisconsin Constitution states that voting is a constitutional right but that absentee ballots are a privilege exercised outside the traditional safeguards of a polling place.
“The legislature finds that the privilege of voting by absentee ballot must be carefully regulated to prevent the potential for fraud or abuse; to prevent overzealous solicitation of absent electors who may prefer not to participate in an election; to prevent undue influence on an absent elector to vote for or against a candidate or to cast a particular vote in a referendum; or other similar abuses,” the constitution states.
The Madison clerk and city also argue that no part of the law allows for monetary damages and that the only recourse voters have is to file a complaint with the Wisconsin Elections Commission.
“The fact that Plaintiffs’ ballots were not counted is unfortunate,” the brief posted by Votebeat states. ‘But it is the result of human error, not malice. And that human error was not a violation of the Plaintiffs’ constitutional right to vote.”
