LWVWI v. WEC
No. 2022CV002472
On September 30, 2022, Law Forward – with the Fair Elections Center – filed a complaint on behalf of the League of Women Voters of Wisconsin in Dane County Circuit Court, seeking both clarity and protection for absentee voters whose ballots have technical defects.
The denial of the right to vote for the omission of certain witness address components, like state names and zip codes, would violate the 1964 Civil Rights Act’s prohibition on denying a vote based on immaterial omission or error. And the lack of notice to voters whose ballots are threatened with rejection to a defective witness address violates the U.S. Constitution’s due process requirements.
Recent anti-democratic litigation on this issue has resulted in confusion in the weeks before an election. Our aim is to obtain certainty for voters and the municipal clerks who do the critical work of administering Wisconsin’s elections and to make sure that every eligible voter may have their voice heard in November.
On Tuesday, May 7th, Law Forward, along with our co-counsel at the Fair Elections Center and Stafford Rosenbaum, filed an amicus brief in Rise v. Wisconsin Elections Commission on behalf of The League of Women Voters of Wisconsin (LWVWI). Rise is a separate case dealing with the witness address requirements. LWVWI’s amicus brief in the Rise case argues that the appellate court should not reconsider the arguments rejected by the circuit court regarding the Civil Rights Act’s Materiality Provision and focus their ruling on the issues that solely arise from the Rise case.
Case Timeline
September 30, 2022
Complaint filed.
March 14, 2023
The Judge dismissed one of claims. Two other claims remain.
January 2, 2024
The Court ruled in favor of the League of Women Voters of Wisconsin to clarify voting rights protections for voters whose absentee ballots have minor errors in listing their witnesses’ addresses. In a win for voters, this decision means that absentee ballots with certain technical witness address defects will not be rejected in future elections.
February 4, 2024
The Court denied the Legislature’s latest attempt to impede the fair and consistent administration of elections. Consequently, WEC will proceed with providing clear guidance to clerks in early February, ensuring that ballots aren’t unlawfully rejected.
This marks a victory for Wisconsin voters and the lawful and consistent administration of elections statewide. Wisconsin has a longstanding tradition of fair and open elections, which we aim to uphold. No voter should lose their voice, or their rights, due to a minor technicality. It’s disheartening that the Legislature opposed this common-sense measure, expending taxpayer resources to invalidate legitimately cast ballots.
February 8, 2024
June 3, 2024
Because this case was appealed, in partnership with the Fair Elections Center, we filed a brief on behalf of the League of Women Voters of Wisconsin.
September 3, 2024
This brief, filed with the Court of Appeals, does two things. First, the brief responds to arguments the Legislature made attempting to read another meaning into the word “missing” as used in a statute related to absentee ballots, and their arguments that courts should not decide the case. Second, the brief explains why the court below correctly applied federal law regarding four categories of absentee ballot errors or omissions and, even if the Court of Appeals disagrees with how the circuit court reached its conclusion, it should nonetheless affirm the decision.
The Legislature will have one more opportunity to address the federal law issues in writing.
Case Category:
Voting Rights & Access
Jurisdiction:
Dane County Circuit Court
Case Stage:
Win