Top Points:
Controversial Ruling on Absentee Ballots: Judge Everett Mitchell's order allows voters with specific disabilities to receive absentee ballots electronically, challenging established state election laws. This ruling has sparked significant concerns over security and logistics from both Republican lawmakers and the Democrat-led Wisconsin Department of Justice.
Republican Appeal: Wisconsin GOP lawmakers have appealed the decision, arguing that the ruling disrupts election laws too close to an election year and presents logistical challenges for educating local election officials on new procedures before the presidential election. Even Democratic Attorney General Josh Kaul has voiced concerns over the timing and implications of this change.
Judicial and Political Context: Judge Mitchell, with a history of progressive stances and controversial opinions, has faced scrutiny for his decision. This case highlights the broader political battle over election laws in Wisconsin, with the state judiciary playing a crucial role in determining voting procedures and potentially influencing the outcome of the 2024 general election.
Full Report:
Republican lawmakers in the key swing state of Wisconsin are contesting a recent decision by a left-leaning Dane County judge that permits voters with specific disabilities to receive absentee ballots electronically. This ruling, viewed as sidestepping established state election laws, has sparked significant controversy.
The order, issued by Judge Everett Mitchell, has not only caught the attention of Republican lawmakers but also raised concerns within Wisconsin’s Democrat-led Department of Justice. They argue that distributing ballots electronically to disabled voters poses considerable security and logistical issues.
Judge’s Controversial Background
Judge Everett Mitchell, who previously faced criticism for his views on prosecuting shoplifters, is now under scrutiny for his latest ruling. Mitchell had controversially suggested that individuals stealing from large retailers shouldn't face prosecution, a stance that drew significant backlash.
Legislature’s Respons
In response to Mitchell’s order, majority Republicans in Wisconsin’s legislature have filed an appeal with the Wisconsin Court of Appeals 2nd District. This appeal aims to halt the implementation of the order, which mandates the electronic distribution of absentee ballots to disabled voters, a privilege currently reserved only for military members and those traveling overseas.
The order was a result of a lawsuit involving Disability Rights Wisconsin and the League of Women Voters, which argued that the current state law forces eligible voters with print-reading disabilities to forego their right to a secret ballot. Mitchell’s decision supports the plaintiffs’ claims, stating that Wisconsin must comply with state and federal laws to provide equal voting access to disabled individuals.
Implications and Concerns
Mitchell’s ruling requires the Wisconsin Elections Commission to ensure the delivery of electronic ballots to self-certifying print-disabled electors for the November 2024 general election. However, the completed ballots must still be returned in person or by mail, akin to other absentee voters.
Republican lawmakers, represented by attorney Misha Tseytlin, argue that this ruling disrupts election law too close to an election year, potentially causing confusion and security risks. Even the state’s Democratic Attorney General, Josh Kaul, through his representatives, has voiced concerns about the timing and implications of this change.
Assistant Attorney General Karla Keckhaver emphasized the logistical challenges of implementing such changes late in the election cycle, highlighting the difficulty of educating local election officials statewide on new procedures before the presidential election.
Broader Impact
The ruling also revises existing election statutes defining who is eligible to receive electronic absentee ballots, a contentious point given the broader efforts by Wisconsin Democrats to expand mail-in voting, contrasted with Republican efforts to safeguard election integrity.
Democracy Docket, a left-wing organization, noted the critical role the state judiciary will play in determining the execution of voting procedures in the upcoming elections. The courts’ involvement, as seen in 2020, could significantly influence the outcome in Wisconsin, a pivotal battleground state.
Judge Mitchell’s Political Background
Judge Mitchell, elected to the Dane County bench in 2016 and a former candidate for the state Supreme Court, has a history of advocating for progressive policies. His previous roles, including as a prosecutor and community relations director at the University of Wisconsin-Madison, have often placed him at the center of contentious debates on social justice and law enforcement practices.
Conclusion
The appeal by Wisconsin Republicans underscores the ongoing battle over election laws and voting rights, with significant implications for the 2024 general election. As the state judiciary continues to weigh in on these critical issues, the outcomes will likely shape the electoral landscape in Wisconsin and beyond.
Original Story by M.D. Kittle, The Federalist
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