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Sweeping federal lawsuit seeks election changes in Wisconsin

Voters line up on April 7 at Riverside High School in Milwaukee for Wisconsin's primary election. (AP Photo/Morry Gash, File)

Voters line up on April 7 at Riverside High School in Milwaukee for Wisconsin’s primary election. (AP Photo/Morry Gash, File)

Associated Press

MADISON, Wis. (AP) — Advocates for people with disabilities and minority voters in Wisconsin filed a sweeping federal lawsuit Monday asking a judge to order that more poll workers be hired, every voter in the state receive an absentee-ballot application and a host of other changes be made to ensure the August primary and November presidential election can be held safely amid the coronavirus pandemic.

Wisconsin has been at the center of the fight, both in court and out, over elections during the pandemic after it proceeded with its April 7 presidential primary even as other states delayed voting. The election drew widespread criticism as voters faced long lines in Green Bay and Milwaukee, where just five of 180 polling sites were open.

The lawsuit argues that not enough has been done since then to ensure that the approaching elections can be conducted safely and fairly. Proceeding without the changes sought would violate the U.S. Constitution, the Voting Rights Act and the Americans with Disabilities Act, the lawsuit alleges.

It was filed against the Wisconsin Elections Commission by Disability Rights Wisconsin, a Milwaukee-based advocacy group Black Leaders Organizing for Communities and three voters who said they were prevented from voting, or faced obstacles to casting ballots, in the April 7 presidential primary and spring election. Protect Democracy, a Washington, D.C.-based group formed by former aides to President Barack Obama, is assisting with the lawsuit.

“Wisconsin’s April 7 election was a disaster for the voters of the state and for our democracy,” said Rachel Goodman, an attorney for Protect Democracy. “Tens of thousands of voters were disenfranchised, and tens of thousands more were forced to risk their health in order to vote. We owe it to all Wisconsin voters to make sure the system doesn’t fail them again.”

The plaintiffs argue that the pandemic will still be ongoing, with no vaccine available, during the upcoming August statewide primary and November presidential elections. Voters will, understandably, fear for their safety if voting in person, the lawsuit alleges.

Reid Magney, Wisconsin Elections Commission spokesman, declined to comment.

The lawsuit seeks various changes ahead of the elections, including requirements that forms to request absentee ballot be sent to all voters; additional staff be hired to count those ballots as they’re returned; voting machines accessible to people with disabilities are at all in-person absentee-voting locations; more poll workers be hired; and voter registration systems improved to handle the expected increase in the number of requests for online voter registration and absentee ballots.

The lawsuit also wants to require that absentee-ballot drop boxes be installed in every municipality; that state elections officials work with the U.S. Postal Service to ensure the timely delivery, return and counting of absentee ballots; that voters be notified if their absentee ballots won’t be counted in time for them to eliminate flaws; that there be increase opportunities for curbside voting; and that a public-information campaign be started about voting options. It also calls for allowing absentee ballots to be counted up to a week after the election if they are postmarked by election day or have no postmark.

The lawsuit also asks that any voter whose immune system is compromised, who is therefore at a high risk of contracting COVID-19, be able to cast absentee ballots without having to provide a copy of a photo ID or get a witness. And the lawsuit asks for suspension of a state law requiring that poll workers come from the county where they work, making it easier to deal with vacancies.

Three previous federal lawsuits related to how Wisconsin runs elections have already been consolidated into one. There are also two election-related lawsuits in state court.

Copyright 2020 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

One comment

  1. Randy Marquardt

    The system did not fail voters. The mayors and clerks in two large cities, Milwaukee and Green Bay, decided to push their own agendas and put their citizens in that predicament. The anger and this legal action is misdirected in hopes of another one-size-fits-nobody cure to a simple problem. If these communities had utilized the resources available to them, notably National Guard personnel, the election would have proceeded normally…as it did in all other localities.

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