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Wisconsin Judge Dismisses Lawsuit Challenging Absentee Voting Procedures

Absentee ballots are seen during a count at the Wisconsin Center for the midterm election on Nov. 8, 2022, in Milwaukee. A Wisconsin judge dismissed a lawsuit Monday, July 29, 2024, that challe

A Wisconsin judge has dismissed a lawsuit challenging absentee voting procedures, providing relief for local election clerks and hundreds of thousands of voters in the swing state. The lawsuit, filed by a voter from Amberg, Wisconsin, argued that the state Elections Commission was not following a law requiring voters who electronically request absentee ballots to include a physical copy of the request in the ballot return envelope.

The Elections Commission defended its procedures, stating that the language on the envelope signed by voters serves as a copy of the request. Changing the process at this stage would disrupt established absentee voting practices just before upcoming elections.

Door County Circuit Judge David Weber ruled in favor of the Elections Commission, citing the plaintiff's delay in filing the action. The judge noted that the envelope sign-off requirement has been in place since 2006 when electronic ballot requests began.

In Wisconsin, absentee voting has been a contentious issue, with Democrats advocating for increased turnout through absentee ballots and Republicans expressing concerns about potential fraud. In the 2020 presidential election, nearly 2 million Wisconsinites voted by absentee ballot.

Any eligible voter in Wisconsin can vote by paper absentee ballot and return it by mail to local clerks. Absentee ballots can be requested by mailing a request to local clerks or electronically through the state's MyVote database.

Military and overseas voters can receive and return ballots electronically, while disabled voters can also receive electronic ballots but must mail them back. A recent ruling in Dane County affirmed this practice.

The plaintiff's attorneys, who previously represented former President Donald Trump in a post-election lawsuit, sought to challenge Joe Biden's victory in Wisconsin. However, the case was dismissed.

Various organizations, including the Democratic National Committee and the League of Women Voters, supported the lawsuit challenging absentee voting procedures. Wisconsin's Democratic attorney general hailed the judge's decision as a victory for accessible absentee voting in the state.

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