Wisconsin absentee ballot scandal explodes into the courts

The Wisconsin Institute for Law and Liberty has filed a lawsuit against their state’s ballot drop boxes, according to The Washington Examiner.

WILL’s request for a declaratory judgment comes a day after the state Supreme Court declined to hear a case on a similar topic that quested the use of absentee ballot boxes. 

The nonprofit conservative law firm targeted the Wisconsin Election Commission with Waukesha County Circuit Court and asserted that the commissioner sent memos on March 31, 2020, that were incriminating concerning him breaking state law. 

The suit’s individual plaintiffs listed said that they’re taking a stand because they are “registered Wisconsin voter[s] and … taxpayer[s],” and they seek to have “the correct construction of those statutes declared by this Court.”

“By telling municipal clerks that absentee ballots can be cast in this fashion and by allowing votes to be cast in this fashion, WEC put votes cast by voters in jeopardy of not being counted because they are not being cast in strict compliance with the statutes,” the suit for Richard Teigen and Richard Thom, contends.

In the suit, the conservative group claimed that the commissioner stated a person other than the voter could return the ballot in the dropbox, despite this not being a legal option. 

Another memo from the WEC dated Aug. 19 stated, “Absentee ballots do not need to be mailed by the voter or delivered by the voter, in person, to the municipal clerk but instead could be dropped into a dropbox and that the ballot drop boxes could be unstaffed, temporary, or permanent.”

According to WILL, this is in violation of the law since, “A drop box is not the ‘municipal clerk.’ It is an unsupervised, inanimate object,” the lawsuit states.”

“Allowing ballots to be cast by placing them into an unsupervised, inanimate object invites the fraud and abuse that the Legislature was attempting to prevent by requiring strict compliance with the requirement that absentee ballots could only be cast by the two methods allowed under § 6.87(4)(b)1: (1) the U.S. Mail, and (2) handing the envelope containing the ballot in person to the municipal clerk.”