Waukesha County Circuit Court Judge Michael Bohren issued a summary judgment decision on Thursday banning ballot drop boxes in the state. Judge Bohren also banned illegal ballot harvesting in the state.
The Wisconsin Elections Commission (WEC) issued memos to Wisconsin clerks in March and August of 2020 encouraging their use, stating that absentee ballots do not need to be mailed by the voter or delivered by the voter, in person, to the municipal clerk, but instead could be dropped into a drop box. According to WEC, ballot drop boxes can be unstaffed, temporary, or permanent.
This advice was contrary to state law.
Joe Biden won the state after a stunning drop of Biden only ballots in the middle of the night following the election.
BREAKING: Judge rules WEC broke the law,that absentee ballot drop boxes and ballot harvesting are not permitted in state law. Waukesha Co judge also found WEC’s guidance documents on drop boxes should have gone through legislative rules process #wiright #wipolitics @WILawLiberty
— Empower Wisconsin (@EmpowerWi) January 13, 2022
NEW: Waukesha Judge Rules Absentee Ballot Drop Boxes, Ballot Harvesting Illegal Under State Law
Details –> https://t.co/7hYvQvoTMy pic.twitter.com/RUBdbuVuql
— WILL (@WILawLiberty) January 13, 2022
The Wisconsin Institute for Law and Liberty reported.
The News: Waukesha County Circuit Court Judge Michael Bohren issued a summary judgment decision, in court, that absentee ballot drop boxes and ballot harvesting are not permitted in state law. Judge Bohren also ruled that the Wisconsin Elections Commission (WEC) guidance documents on absentee ballot drop boxes, issued in 2020, should have gone through the rules process.
The Wisconsin Institute for Law & Liberty (WILL) filed a lawsuit on behalf of two Waukesha County voters in June 2021 challenging the legal status of absentee ballot drop boxes after WEC issued unlawful guidance to clerks, in 2020, encouraging the use of absentee ballot drop boxes, and telling voters that anyone else can return their ballot for them.
The Quote: WILL Deputy Counsel, Luke Berg, said, “The guidance from the Wisconsin Elections Commission on absentee ballot drop boxes was unlawful. There are just two legal methods to cast an absentee ballot in Wisconsin: through the mail or in-person at a clerk’s office. And voters must return their own ballots. We are pleased the court made this clear, providing Wisconsin voters with certainty for forthcoming elections.”
Background: Absentee ballot drop boxes were used widely during Wisconsin elections in 2020. The Wisconsin Elections Commission (WEC) issued memos to Wisconsin clerks in March and August of 2020 encouraging their use, stating that absentee ballots do not need to be mailed by the voter or delivered by the voter, in person, to the municipal clerk, but instead could be dropped into a drop box. According to WEC, ballot drop boxes can be unstaffed, temporary, or permanent.
This advice was contrary to state law. Voting is a constitutional right, but state law makes clear that, “voting by absentee ballot is a privilege exercised wholly outside the traditional safeguards of the polling place.” There are just two legal ways in Wisconsin to submit an absentee ballot. When voting by absentee ballot, state law says “[t]he envelope [containing the ballot] shall be mailed by the elector, or delivered in person, to the municipal clerk issuing the ballot or ballots.”
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