Wisconsin judge won’t order sequestering of absentee ballots

Nov 7, 2022, 7:53 AM | Updated: 5:32 pm

MADISON, Wis. (AP) — A Wisconsin judge on Monday, less than 14 hours before polls opened, refused to order that military absentee ballots be pulled aside and sequestered until it can be verified that they were cast legally, saying that would be a “drastic remedy” that could disenfranchise voters.

The Republican chair of the Wisconsin Assembly’s elections committee along with a veterans group and other voters sued on Friday, seeking a court order to sequester the ballots.

Waukesha County Circuit Judge Michael Maxwell denied that request for a temporary restraining order in a ruling from the bench following a two-hour hearing Monday afternoon.

“That just seems to be a drastic remedy,” he said of sequestering the ballots.

The judge also denied a request from state Rep. Janel Brandtjen, who was represented by attorneys from the conservative Thomas More Society, to order the elections commission to withdraw its guidance to clerks about absentee ballots from members of the military. Brandtjen has pushed conspiracy theories about the 2020 election.

The judge said the case did raise questions about whether the bipartisan Wisconsin Elections Commission was adequately informing the state’s 1,800-plus election clerks about their duty to maintain a list of eligible military voters.

The lawsuit comes after a top Milwaukee County elections official was charged with fraudulently requesting three military ballots using fake names and having them sent to Brandtjen as way to expose vulnerabilities in Wisconsin elections. Kimberly Zapata, deputy director of the Milwaukee Election Commission, was fired last week and now faces charges of felony misconduct in office and three misdemeanor counts of election fraud.

Michael Gableman, a former Wisconsin Supreme Court justice who was hired by Republicans to investigate the 2020 election, now works for the Thomas More Society and represented Brandtjen. He argued that legitimate military absentee voters could have their votes negated by fraudulent ones, and the only way to prevent that was to sequester all the ballots to ensure they’re valid.

“How else could we possibly ensure that only the authentic military ballots are counted?” Gableman said.

Lynn Lodahl, an assistant attorney general representing the elections commission, called that a “completely unworkable request” with no legal basis.

“There’s no process in the statutes for sequestration,” she said. “The plaintiffs don’t explain what this means. They don’t explain how this will work.”

Military ballots comprise a tiny fraction of all ballots cast in the state. On average, they represent about 0.07% of all absentee ballots requested, according to the Wisconsin Elections Commission. In the 2018 election, 2,700 military ballots were requested and as of Thursday, 2,747 military ballots had been requested for the current election.

In Wisconsin, military voters are not required to register to vote, meaning they don’t need to provide a photo ID to request an absentee ballot.

All absentee ballots must be received by the close of polls at 8 p.m. Tuesday in order to be counted. As of Sunday, more than 715,000 absentee ballots had been returned.

The Union Veterans Council, a constituency group of the AFL-CIO, intervened in the lawsuit. The group’s executive director, Will Attig, called the lawsuit a pointless “attack on people who are actively serving this country.”

Chris Yatchak, chair of the group’s Milwaukee chapter, said during a virtual news conference Monday that the lawsuit was an “outrageous attempt by a single individual to try and cast doubt on a free and fair election process.”

“I’m just appalled at this,” Yatchak said. “It’s a disgusting act.”

The case is certain to increase the pressure on the bipartisan state elections commission, which Republican gubernatorial candidate Tim Michels has said he wants to eliminate if he wins Tuesday’s election.

Gableman was fired from his investigatory job earlier this year by Republican Assembly Speaker Robin Vos after his work was widely ridiculed and did not present any evidence to overcome President Joe Biden’s victory. He previously appeared in court representing Harry Wait, who was charged with election fraud and identity theft after requesting and receiving absentee ballots in the names of legislators and local officials in July.


Follow the AP’s coverage of the 2022 midterm elections at https://apnews.com/hub/2022-midterm-elections. And learn more about the issues and factors at play in the midterms at https://apnews.com/hub/explaining-the-elections.

Copyright © The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.


Lead water pipes pulled from underneath the street are seen in Newark, N.J., Oct. 21, 2021. (AP Pho...

Associated Press

Biden to require cities to replace harmful lead pipes within 10 years

The Biden administration has previously said it wants all of the nation's roughly 9 million lead pipes to be removed, and rapidly.

5 days ago

Facebook's Meta logo sign is seen at the company headquarters in Menlo Park, Calif., on, Oct. 28, 2...

Associated Press

Meta shuts down thousands of fake Facebook accounts that were primed to polarize voters ahead of 2024

Meta said it removed 4789 Facebook accounts in China that targeted the United States before next year’s election.

5 days ago

A demonstrator in Tel Aviv holds a sign calling for a cease-fire in the Hamas-Israel war on Nov. 21...

Associated Press

Hamas releases a third group of hostages as part of truce, and says it will seek to extend the deal

The fragile cease-fire between Israel and Hamas was back on track Sunday as the first American was released under a four-day truce.

10 days ago

Men look over the site of a deadly explosion at Al-Ahli Hospital in Gaza City, Wednesday, Oct. 18, ...

Associated Press

New AP analysis of last month’s deadly Gaza hospital explosion rules out widely cited video

The Associated Press is publishing an updated visual analysis of the deadly Oct. 17 explosion at Gaza's Al-Ahli Hospital.

13 days ago

Peggy Simpson holds a photograph of law enforcement carrying Lee Harvey Oswald's gun through a hall...

Associated Press

JFK assassination remembered 60 years later by surviving witnesses to history, including AP reporter

Peggy Simpson is among the last surviving witnesses who are sharing their stories as the nation marks the 60th anniversary.

13 days ago

Israeli Prime Minister Benjamin Netanyahu, chairs the weekly cabinet meeting in Jerusalem, Sunday, ...

Associated Press

Israeli Cabinet approves cease-fire with Hamas; deal includes release of 50 hostages

Israel’s Cabinet on Wednesday approved a cease-fire deal with the Hamas militant group that would bring a temporary halt to a devastating war.

14 days ago

Sponsored Articles

Follow @KTAR923...

Valley residents should be mindful of plumbing ahead of holidays

With Halloween in the rear-view and more holidays coming up, Day & Night recommends that Valley residents prepare accordingly.

Follow @KTAR923...

The 2023 Diamondbacks are a good example to count on the underdog

The Arizona Diamondbacks made the World Series as a surprise. That they made the playoffs at all, got past the Milwaukee Brewers in the NL Wild Card round, swept the Los Angeles Dodgers in the NLDS and won two road games in Philadelphia to close out a full seven-game NLCS went against every expectation. Now, […]

Follow @KTAR923...

West Hunsaker at Morris Hall supports Make-A-Wish Foundation in Arizona

KTAR's Community Spotlight this month focuses on Morris Hall and its commitment to supporting the Make-A-Wish Foundation in Arizona.

Wisconsin judge won’t order sequestering of absentee ballots