Milwaukee Election Commission v. WEC

This case stems from a WEC decision, issued on April 1, 2024, which initially misinterpreted Wisconsin law to restrict MEC’s ability to accept absentee ballots and register voters during the full period that in-person absentee voting (IPAV) sites are designated. MEC appealed to the circuit court, contending that the statute applies only during the times when alternate voting sites are actually open and functioning, not throughout the entire designation period, and that it does not apply at all to voter registration, which the clerk must allow at any time.

Law Forward represented proposed Intervenors, Deborah Koconis, Lois Smith, and the League of Women Voters of Milwaukee County in supporting MEC’s challenge to the WEC decision. We argued that the ruling created unnecessary barriers to voting, particularly for voters like Koconis and Smith, who rely on absentee voting. The League emphasized the importance of absentee voting as an accessible option that increases voter participation.

At the time we filed our intervention papers, Law Forward issued the following statement:

“Voting is the cornerstone of our democracy, and every eligible voter should have the ability to cast their ballot without unnecessary barriers. Absentee voting is a vital tool that ensures voters who may face challenges getting to the polls on Election Day—whether due to health, mobility, work obligations, or other personal circumstances—can still exercise their fundamental right to vote.

“Absentee voting provides an accessible, reliable, and secure method for citizens to participate in elections, and it should be protected and expanded. By allowing voters to register to vote and return their absentee ballots at the clerk’s office, we help ensure that no one is left out of the democratic process, especially our seniors, individuals with disabilities, and those who may not be able to register or return their ballot elsewhere due to unforeseen circumstances.

“We stand firm in the belief that all voters, regardless of their situation, should have access to fair and equal opportunities to make their voices heard.”

After Law Forward filed its brief, at WEC’s October 4, 2024 meeting, the Commission reconsidered its April 1 decision and voted unanimously to amend the ruling to align with the views that MEC and Law Forward had advanced. In light of WEC’s revised decision, MEC dismissed its appeal.