UNITED STATES NEWS

Federal judge tosses Democrats’ lawsuit challenging Wisconsin absentee voting requirements

May 10, 2024, 6:42 AM

MADISON, Wis. (AP) — A federal judge has thrown out a lawsuit brought by Democrats that challenged Wisconsin’s witness requirements for absentee voting, a ruling that keeps the law in place with the presidential election six months away.

The rules for voting in Wisconsin are of heightened interest given its place as one of a handful of battleground presidential states. Four of the past six presidential elections in Wisconsin have been decided by less than a percentage point, including the past two.

U.S. District Court Judge James Peterson tossed the lawsuit Thursday, saying the fact that the law has stood unchallenged in one form or another since the 1960s was “telling.”

“It may be debatable whether the witness requirement is needed, but it is one reasonable way for the state to try to deter abuses such as fraud and undue influence in a setting where election officials cannot monitor the preparation of a ballot,” Peterson wrote.

National Democratic law firm Elias Law Group, representing four Wisconsin voters, had argued that the state is violating the federal Voting Rights Act and Civil Rights Act by demanding a witness signature on ballot envelopes.

The voters argued that they have a hard time securing a witness signature because of health risk, age and frequent travel overseas.

State law requires clerks to reject absentee ballots that are missing a witness’ address or signature. A Wisconsin judge ruled in 2022 that elections officials cannot correct or fill in missing information on witness certifications, a practice known as ballot curing.

The Voting Rights Act prohibits states from requiring a voter to “prove his qualifications by the voucher of registered voters or members of any other class.”

The judge said the voters had not shown that either the Voting Rights Act of 1965 or the Civil Rights Act of 1964 prohibits a state from requiring absentee voters to prepare their ballot in front of a witness.

“Neither side cites any evidence regarding the effectiveness of the witness requirement in preventing abuses or the number of citizens who cannot vote because of the requirement,” Peterson said. “But regardless of how effective or burdensome the requirement is, the federal laws at issue in this case simply do not apply to it.”

Attorneys for the voters who brought the lawsuit did not return messages seeking comment Friday. A spokesperson for the Wisconsin Elections Commission, the defendant in this case, also did not return a message.

Nine states require witness signatures to verify absentee ballots and three states require an absentee ballot envelope to be notarized, according to the National Conference of State Legislatures.

In Wisconsin, witnesses for most voters must be U.S. citizens and at least 18 years old. Witnesses for overseas and military voters are not required to be U.S. citizens.

In a random review of nearly 15,000 absentee ballots cast in the 2020 presidential election in Wisconsin, the nonpartisan Legislative Audit Bureau found that nearly 7% of the witness certificates were missing at least one component of the witness’ address.

The ruling comes ahead of the Wisconsin Supreme Court hearing oral arguments Monday in another case related to absentee ballots. In that one, Democrats are trying to overturn a 2022 court ruling that prohibited the placement of absentee ballot drop boxes anywhere other than inside election clerks’ offices.

In January, a Dane County judge sided with Democrats in ruling that election clerks can accept absentee ballots that contain minor errors such as missing portions of witness addresses. That ruling has been appealed.

United States News

Boeing is now aiming for its first astronaut launch at the beginning of June. Officials for the com...

Associated Press

Boeing’s 1st astronaut flight now set for June after a review of small leak on new capsule

Boeing is now aiming for its first astronaut launch in early June, after spending weeks struggling with more problems on the space capsule.

4 hours ago

Associated Press

Lawsuit filed in the death of dancer with a peanut allergy who died after eating mislabeled cookie

WATERBURY, Conn. (AP) — The estate of a young dancer who died after eating a mislabeled cookie containing peanuts has filed a wrongful death lawsuit, claiming the failure to properly label the package was grossly negligent. Órla Ruth Baxendale, 25, died Jan. 11 after eating a Florentine cookie sold by grocery retailer Stew Leonard’s and […]

5 hours ago

Colorado River settlement center of new Navajo Nation push...

Associated Press

Tribes say their future is at stake as they push for Congress to consider Colorado River settlement

Navajo officials are celebrating the signing of legislation outlining a proposed Colorado River settlement that would ensure water rights.

6 hours ago

Associated Press

Lara Trump touts RNC changes and a 2024 presidential victory for Trump in North Carolina

GREENSBORO, N.C. (AP) — To a room full of Republicans from across North Carolina on Friday, former President Donald Trump railed against the Biden administration and vowed to win in the state for a third time — all over a speaker phone call after his son Eric Trump dialed him on stage. “I just want […]

6 hours ago

Associated Press

Nevada voter ID initiative can appear on 2024 ballot with enough signatures, state high court says

ELKO, Nev. (AP) — An initiative that would amend the Nevada Constitution to require that voters show photo identification at the polls can appear on the 2024 ballot as long as organizers collect enough signatures, the state Supreme Court ruled Friday. Organizers must gather just over 100,000 valid signatures by June 26 for it to […]

6 hours ago

Associated Press

Florida priest accused of biting woman who grabbed Holy Communion wafers during Mass

ST. CLOUD, Fla. (AP) — The Diocese of Orlando is defending a Catholic priest accused of biting a woman who tried to grab Holy Communion wafers during Mass at a central Florida church. The confrontation occurred Sunday afternoon at St. Thomas Aquinas Catholic Church in St. Cloud. Police have forwarded a report to prosecutors accusing […]

7 hours ago

Sponsored Articles

...

DESERT INSTITUTE FOR SPINE CARE

Desert Institute for Spine Care is the place for weekend warriors to fix their back pain

Spring has sprung and nothing is better than March in Arizona. The temperatures are perfect and with the beautiful weather, Arizona has become a hotbed for hikers, runners, golfers, pickleball players and all types of weekend warriors.

...

COLLINS COMFORT MASTERS

Here are 5 things Arizona residents need to know about their HVAC system

It's warming back up in the Valley, which means it's time to think about your air conditioning system's preparedness for summer.

...

Midwestern University

Midwestern University Clinics: transforming health care in the valley

Midwestern University, long a fixture of comprehensive health care education in the West Valley, is also a recognized leader in community health care.

Federal judge tosses Democrats’ lawsuit challenging Wisconsin absentee voting requirements