Judge Dismisses Lawsuit Challenging Wisconsin's Absentee Voting Process

After a legal skirmish over the future of absentee voting in Wisconsin had been heating up for much of this year, a judge finally put the concerns of many marginalized voters to rest. The lawsuit challenged absentee voting in the state — but it has now been dismissed.

The case has garnered significant attention as it could set a precedent for absentee voting procedures not only in Wisconsin but potentially in other states as well. While Democrats have promoted absentee ballots to boost voter turnout, Republicans have sought to restrict the practice, citing concerns about potential fraud.

Let’s review the facts of the case and why certain interest groups were concerned enough to intervene.

Wisconsin’s System Challenged

The lawsuit, initiated by Thomas Oldenburg, challenges the current absentee voting system facilitated through the MyVote.WI.gov website, which has been in place since 2017. Oldenburg’s attorneys, Daniel Eastman and Kevin Scott, previously represented former President Donald Trump in a lawsuit following the 2020 election, seeking to decertify President Joe Biden’s victory in Wisconsin. That case was ultimately dismissed. The Wisconsin Elections Commission (WEC), its commissioners, and Administrator Meagan Wolfe are named as defendants in the case.

In Wisconsin, registered voters who meet eligibility requirements can obtain an absentee ballot. They can do this by sending a written request to their local election officials or submitting an online application through Wisconsin's MyVote system. Once these requests are processed, local election clerks mail the ballots to voters, including return envelopes. For military personnel and citizens living abroad, ballots can be received electronically but must be returned through postal services. Similarly, voters with disabilities are permitted to receive their ballots electronically. However, as per a recent Dane County judge ruling, they must return their completed ballots by mail.

The Legal Battle

Oldenburg's lawsuit sought to invalidate the use of the recently updated EL-122 Official Absentee Ballot Certificate and Application. He argued that for a ballot to be counted, the WEC must print and mail a copy of the ballot request (which voters submit online) to be signed by the voter and returned with the ballot. This would add a layer of complexity to the existing absentee voting process, which already includes multiple safeguards to ensure voter integrity.

Attorneys for the WEC countered that the envelope signed by voters, which indicates they requested the ballot, serves as a sufficient copy of the request. They warned that implementing changes at this juncture would disrupt established absentee voting procedures and that there was insufficient time to redesign and reprint new envelopes before the August 13 primary and November 5 general election.

Interest Groups Get Involved

Groups like Disability Rights Wisconsin (DRW) and the League of Women Voters of Wisconsin (“the League”) were concerned about what would happen for the people whose interest they represent were Oldenburg’s lawsuit to succeed. As their names imply, DRW is dedicated to empowering individuals with disabilities, while the League, focuses on promoting informed and active participation in government. Both groups are nonpartisan, and have both been deeply involved in advocating for accessible voting processes. Three months ago, these two groups jointly filed a motion to intervene in the Oldenburg lawsuit.

In their legal brief, the groups argued that Oldenburg's demands would create unnecessary and burdensome requirements that could disenfranchise many voters, particularly those with disabilities who rely on the accessibility of the current system. They emphasized that any mistake in the convoluted procedure proposed by Oldenburg could lead to ballots being discarded, thereby denying voters their constitutional rights. They argue that the current absentee voting system is secure and effective, citing a 2021 audit that found Wisconsin's elections to be "safe and secure."

The brief also highlights the two groups’ extensive efforts to protect voting rights, including through litigation and public education campaigns. They contend that the outcome of this case could significantly impact their missions and the rights of the voters they represent. They also underscore the potential harm to voters with disabilities, who may face additional barriers if Oldenburg's proposed changes are implemented.

The WEC defended the current absentee voting system, emphasizing its security and practicality. However, DRW and the League argued that their interests are not fully represented by the WEC, as the commission's primary duty is to uphold state law rather than advocate for the specific needs of voters with disabilities.

Judge Dismisses Suit

Late last month, Door County Circuit Judge David Weber delivered an oral decision in favor of the WEC, dismissing the case. The court records did not provide detailed reasoning for Weber's decision. Oldenburg’s attorneys did not immediately respond to requests for comment.

An attorney for DRW said that Judge Weber determined Oldenburg had waited too long to file the action. WEC attorneys pointed out that the requirement for envelopes to be signed has been in place since 2006, when electronic ballot requests began. Therefore, they contend that Oldenburg could have challenged the practice at any point since then.

The ruling is particularly significant in Wisconsin, a state where absentee voting has become a contentious issue. Nearly 2 million people voted by absentee ballot in the 2020 presidential election. As the state prepares for its upcoming elections, the dismissal of Oldenburg's lawsuit ensures that the current absentee voting procedures will remain in place, providing stability and continuity for voters and election officials alike.

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