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Oldenburg v. WEC

2024-CV-43

In this case, Thomas Oldenburg sued the Wisconsin Elections Commission (WEC) concerning the process for handling of absentee ballots requested through the MyVote website, email, and fax, as well as the design of the absentee certificate envelopes that voters and witnesses must complete and sign before returning the ballot. He seeks to add additional procedures to an existing, multi-step process that a voter must already take to vote absentee. The basic procedures Oldenburg challenges have been in place in Wisconsin for almost two decades.

Voters request absentee ballots in Wisconsin through the MyVote.WI.gov (“My Vote”) website. This case seeks to upend this current secure, practical, and effective system by creating unneeded, burdensome, and unwarranted new requirements for those voters and others.

Law Forward, on behalf of Disability Rights Wisconsin and the League of Women Voters successfully intervened in the cases to ensure that voters can continue to access absentee voting.

We believe that whether you’re a voter with a disability, a busy parent, a member of our military, or simply prefer the convenience, voting absentee is a safe and effective way to participate in our democracy. On behalf of our clients, Disability Rights Wisconsin and the League of Women Voters of Wisconsin, we are working to ensure that the absentee voting process remains as accessible, safe, and secure as possible.

At the heart of our efforts is the recognition of the fundamental right to vote. Any Wisconsinite who wants to vote absentee may do so – absentee voting is a protected option for all eligible voters.

Case Timeline

CASE CATEGORY:
Election Administration, Voting Rights & Access

JURISDICTION:
Circuit Court of Marinette County

CASE STAGE
Win

Read brief

May 28, 2024

Brief filed.
READ OUR BRIEF

July 29, 2024

The judge ruled in favor of our clients. Judge Weber found that Oldenburg’s claims are barred by laches and went on to explain how they fail on the merits. Under today’s ruling, Wisconsin voters can be confident their absentee ballots will be accepted under the terms that have been in place since at least 2017.

Today’s important ruling is a win for Wisconsin voters and reinforces that no additional barriers should be placed on voting.

READ OUR PRESS RELEASE