Skip to content
Search

Latest Stories

Follow Us:
Top Stories

Stopping more Wisconsin election meltdowns subject of new suit

Wisconsin voters

Several Wisconsin voters and poll workers tested positive for Covid-19 after participating in the April presidential primary.

The Washington Post/Getty Images

Hoping to prevent a repeat of Wisconsin's plagued elections last month, a disability rights group is asking a federal judge to force sweeping changes allowing more absentee voting and ensuring safer polling places in time for the next primaries this summer.

The lawsuit, filed Monday, joins dozens across the country by Democrats and progressive advocacy groups working to ease restrictions on mail-in voting so that turnout remains robust despite the coronavirus pandemic. But the claims in Wisconsin carry special weight now — not only because the state is a presidential battleground but also because, as one expert quoted in the suit described it, Wisconsin's April primary was the biggest election failure since the Voting Rights Act was enacted in 1965.


The lawsuit asks the court to ensure in-person voting is safely conducted and an adequate number of poll workers are hired and trained to fully staff voting stations.

It also wants every registered voter to be sent forms for requesting absentee ballots for both the Aug. 11 congressional and legislative primaries and the Nov. 3 general election — and to compel the state to drop the requirement that absentee ballots be returned with a witness' signature.

The plaintiffs want to compel Wisconsin to start counting absentee ballots before Election Day and to count any ballot that is postmarked by Election Day and arrives at election offices within a week.

The suit was filed as the state Election Commission issued its postmortem on the spring primary. The report said the turnout of 1.6 million was the second-highest ever for such a contest, bested only by four years ago, when contested presidential nominations for both parties were on the ballot.

And 62 percent of the ballots (964,433, to be precise) were returned by mail — nearly six times the number of mail-in votes in any other state primary. Just 26 percent of votes were cast in person on April 7, with the remaining 12 percent cast early but in person.

The commission says that, if typical turnout patterns for a presidential general election hold, more than 1.8 million mail-in ballots could be requested for November — which would "present terrific challenges for Wisconsin election officials at all levels."

The suit is relying on some precedents benefiting voters, and combating others, that were set last month as conservative majorities on both the U.S. Supreme Court and the Wisconsin Supreme Court ruled on a flurry of lawsuits ahead of the primary.

Shortly before the April 7 voting, a federal judge ruled that absentee ballots postmarked by that day and arriving by April 13 would be counted. The judge also said people should be allowed to include with their absentee ballots a statement saying it was not safe to get a witness' signature. The 7th Circuit Court of Appeals blocked the waiver of the signature requirement.

And after the GOP-majority Legislature refused Democratic Gov. Tony Evers' request for legislation delaying the election, he issued an executive order doing just that — which then got blocked by the state's top court. The nation's high court, however, did agree with the trial judge that absentee ballots should be counted so long as they were mailed by Election Day.

The day of the election, many polling sites were not open because workers did not show up. This left voters in masks and gloves standing in long lines, and subsequently several dozen of them, and several poll workers, have tested positive for Covid-19.

And a large number of absentee ballots never arrived at voters' homes and many completed ballots were not delivered in time to election offices.

All of these problems amounted to widespread violations of the Voting Rights Act and the Americans with Disabilities Act along with the constitutional protections of free speech under the First Amendment and equal protection rights under the 14th Amendment, the lawsuit alleges, and must not be allowed to persist in the next elections.

The 70-page lawsuit was filed by Black Leaders Organizing for Communities, Disability Rights Wisconsin and three voters who faced life-and-death decisions about whether to vote because of the coronavirus pandemic.

Among them is 61-year-old Jill Swenson, who lives alone in Appleton and has chronic obstructive pulmonary disease. She received an absentee ballot for the April 7 primary but was unable to get someone to countersign it without risking her health. She turned in the ballot anyway but it was not counted.

Several other lawsuits challenging Wisconsin's rules are already moving along in both state and federal court. The state's 10 electoral votes are central to both nominees this fall. President Trump won them by only 0.7 percentage points last time, the first GOP nominee to carry the state since 1984.


Read More

Montanans Urged To Defend Voter Integrity in November Elections

The Trump administration’s Justice Department has filed 30 lawsuits against states refusing to hand over voter rolls, which include personal information including Social Security and driver’s license numbers.

Adobe Stock

Montanans Urged To Defend Voter Integrity in November Elections

Democracy watchdogs warned President Donald Trump is setting the stage to tap emergency powers to ensure Republicans do not lose control of Congress in November’s midterm elections.

Since January, the Trump administration has used federal law enforcement to raid election facilities to seize ballots and voting machines in places like Georgia and Puerto Rico. Trump continues to cast doubt on the integrity of elections in Montana and across the nation.

Keep ReadingShow less
GOP Claims of Voter Disenfranchisement Are a Self-Fulfilling Prophecy

Repeated claims of voter fraud have eroded Republican trust in mail-in voting. Explore how GOP rhetoric surrounding mail ballots risks depressing conservative turnout ahead of the 2026 midterms.

ArtMarie/Getty Images

GOP Claims of Voter Disenfranchisement Are a Self-Fulfilling Prophecy

Trump’s efforts to sow seeds of doubt in the election process have had an unintended yet predictable effect on the 2026 midterms: many Republican voters no longer trust mail-in voting.

When City Councilmember Nithya Raman surged from behind in the Los Angeles mayoral primary as late mail-in ballots were counted, some members of the GOP pointed to a broken election system. In reality, they were watching California elections function exactly as designed — slow, scrupulous, but secure.

Keep ReadingShow less
Person voting in a voting booth.

Why are so many American elections uncontested? Richard Neal’s long tenure in Congress highlights a broader problem involving money, ballot access, parties and candidate recruitment.

Hill Street Studios/Getty Images

America Has an Uncontested Elections Problem

Richard Neal, the congressman representing Massachusetts’ 1st district, is concluding his 19th congressional term this year. In many ways, Neal is a typical long-tenured congressperson. However, Congressman Neal is distinguished by having been elected to Congress uncontested more times than anyone in post-civil rights American history.

Neal owes his long tenure in part to the uncompetitive elections in western Massachusetts where so-called “silent elections” are common. Some would be challengers may be put off by the fact that he has won seven of his eight contested congressional races by more than 20 points. More often than not, Neal has been uncontested in the Democratic primary as well, however, this year he has competition in both the primary and general election.

Keep ReadingShow less
A Democracy Cannot Run on an AI Model

Clerk Matthew Sandbar, 34, demonstrates part of the ballot-sorting process to members of the media attending a walkthrough of the Philadelphia Ballot Processing Center used to process the ballots of the 2022 US midterm elections, in Philadelphia on October 27, 2022.

Photo by Ryan Collerd / AFP via Getty Images

A Democracy Cannot Run on an AI Model

Tallying the results of Washington, DC’s first ranked-choice election in June took about 10 days—longer than many voters are used to. In an age when artificial intelligence can generate an answer in seconds, waiting days for election results can feel old-fashioned, inefficient, even suspicious. And it is about to matter far more widely. This November, 17 states, cities, and counties will use ranked-choice voting, including Maine and Alaska statewide, in races that could help decide control of Congress. More voters than ever will watch results take days to resolve, and more will be asked to trust a count they cannot see.

But that slowness may be one of its most democratic features.

Keep ReadingShow less