Judge rules Wisconsin election van violated state law
Wisconsin Judge Rules City Violated State Law with Mobile Voting Van
A Wisconsin judge has made a significant ruling in favor of a voter who argued that the city of Racine violated state law by operating a van that collected absentee ballots from various locations throughout the city. The judge, Eugene Gasiorkiewicz, stated that the use of the mobile van for absentee voting not only violated state law but also unfairly benefited Democrats in a primary election held in August 2022. The van was purchased using funds from the Center for Tech and Civic Life, a nonprofit organization run by Mark Zuckerberg that has faced accusations of favoring Democrats in election funding.
Legal Battle and Intervenors
The decision came as a result of a lawsuit filed by Ken Brown, represented by the Wisconsin Institute for Law and Liberty (WILL), against the Wisconsin Elections Commission and Racine City Clerk Tara McMenamin. Intervenors on behalf of the defendants included the Democratic National Committee, Black Leaders Organizing for Communities, and the Wisconsin Alliance for Retired Americans.
Judge’s Ruling and Absence of State Law
In his ruling, Gasiorkiewicz pointed out that while state law did not explicitly prohibit the use of mobile van absentee ballot sites, it also did not provide any provisions allowing them. He stated, “Such an interpretation was and is contrary to law.” According to Gasiorkiewicz, the absence of any mention of mobile van absentee ballot sites in the statutory language regarding absentee ballot procedures made their use illegal.
Impact on Future Elections
This ruling could have significant implications as the 2024 presidential election approaches and voting rules in Wisconsin face scrutiny. The Wisconsin Supreme Court had previously deemed the use of ballot drop boxes in 2020 as illegal, but with a liberal majority now on the court, that decision could be reversed. The ruling against the mobile voting van sets a precedent for ensuring election integrity and impartiality.
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Confirmation of Democratic Bias
Gasiorkiewicz also agreed with Brown’s claim that the use of the van favored Democrats. He stated, “The filings in this case clearly indicated that the alternate sites chosen clearly favored members of the Democratic Party or those with known Democratic Party leanings.” This further supports the argument that the van’s operation was not impartial and violated the principle of fair elections.
Celebration of Election Integrity
WILL, the organization representing Ken Brown, celebrated the judge’s decision as a victory for election integrity. They emphasized the importance of ensuring that election administration does not favor any political party over another. WILL Deputy Counsel Lucas Vebber stated, “Wisconsin voters should know that their elections are secure, and that election administration does not favor one political party over another. This decision does just that. WILL’s policy and legal expertise allow us to hold government actors accountable to the rule of law at all levels.”
What are the far-reaching implications of Judge Gasiorkiewicz’s ruling for the future of absentee voting in Wisconsin
E ballot sites in state law indicated that the use of such a method was not intended nor permitted. He emphasized the importance of adhering to the law in order to ensure fair and transparent elections.
Violation of State Law
Judge Gasiorkiewicz declared that the operation of the mobile voting van by the city of Racine was a violation of state law. The van was used to collect absentee ballots from various locations throughout the city, which allowed voters to conveniently cast their ballots without having to visit a traditional polling place. However, this method was deemed unlawful by the court.
According to the judge, the use of the mobile van for absentee voting created an unequal playing field in the primary election, benefiting Democrats. This allegation stems from the fact that the van was funded by the Center for Tech and Civic Life, an organization associated with Mark Zuckerberg, who has faced criticism for favoring Democratic causes in election funding. The judge’s ruling highlighted concerns regarding the potential manipulation and bias that this arrangement could introduce into the electoral process.
Implications of the Ruling
The ruling by Judge Gasiorkiewicz has far-reaching implications for the future of absentee voting in Wisconsin. It underscores the need for transparency and adherence to state law in all stages of the electoral process. By ruling against the use of the mobile voting van, the judge has provided clarity on the legality of such practices. This decision sets a precedent that could restrict similar initiatives in the future, ensuring the integrity of elections in the state.
It is important to note that this ruling pertains specifically to the case in Racine and does not directly address the legality of mobile voting vans in other jurisdictions. However, it serves as a cautionary signal, prompting election officials and lawmakers to carefully assess the legality and fairness of innovative voting methods.
Conclusion
Judge Gasiorkiewicz’s ruling in favor of the voter who challenged the city of Racine’s use of a mobile voting van establishes a significant precedent. The judge emphasized the importance of adhering to state law and ensuring equal treatment for all voters. By declaring the operation of the van as a violation of state law, the court preserves the integrity of elections and prevents potential biases in the electoral process. This ruling raises important questions regarding innovative voting methods and serves as a reminder that the electoral process must be conducted in a fair and transparent manner.
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