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Wisconsin Supreme Court Considers Potentially Pivotal Election Cases

 September 11, 2024

The Wisconsin Supreme Court is currently deliberating on two election-related cases that could have a significant impact on the state's voting regulations.

The cases at issue at the state's high court involve disputes over voter eligibility records and the use of mobile voting units for early voting, as the Washington Examiner reports, with some left-leaning justices already signaling hostility to the complainants.

The court, which is dominated by liberal justices, heard arguments on Tuesday from Ron Heuer, leader of the Wisconsin Voters Alliance (WVA), regarding mismatches in voter eligibility.

Heuer has raised concerns about discrepancies between the number of ineligible voters and the state’s voter registration list, a point that has stirred controversy in recent election cycles.

Concerns Over Voter Eligibility Records

At the heart of the first case is the issue of voter eligibility records. The WVA, under Heuer's leadership, is requesting that the state Supreme Court release records related to decisions made by judges determining voter competence. This request has sparked a heated debate, with justices expressing reluctance to grant access to these sensitive records.

Justice Jill Karofsky, one of the court's more prominent justices, voiced her concerns during the arguments. “What it sounds to me like what you are trying to do is to introduce the fear that there is some sort of illegitimacy going on in the election in the state of Wisconsin, and that concerns me deeply,” she said, highlighting the potential ramifications of Heuer's allegations.

Despite the pushback from the court, Erick Kaardal, the attorney representing Heuer and the WVA, defended the move. “What we want is eligible people to vote and people who are adjudicated by a circuit court judge ineligible to vote not to vote,” Kaardal stated, emphasizing the importance of election integrity. The WVA has been active in challenging election procedures, having filed lawsuits in 13 counties during the 2022 election.

Debate Over Mobile Voting Units in Racine

The second case being considered by the Wisconsin Supreme Court revolves around the City of Racine's use of mobile voting units during early in-person absentee voting. This practice has drawn sharp criticism from Republicans, who argue that the mobile voting units violate existing election laws.

The Associated Press reported that the mobile voting program, which utilized a single van, was only used once during the election. However, the legality of this method has remained in question. Initially, the Wisconsin Elections Commission (WEC) dismissed the complaint filed against the city, but the matter was soon appealed to the circuit court.

Kenneth Brown, who challenged the legality of the mobile units, found success at the circuit court level, where the ruling was made in his favor. However, the decision was subsequently appealed, and the case has now reached the state Supreme Court for a final ruling.

Key Players in Case

The Wisconsin Department of Justice is representing the WEC in the ongoing case, standing by the original decision to dismiss the complaint. The City of Racine, Black Leaders Organizing for Communities, and the Democratic National Committee have also stepped in to defend the use of the mobile voting units, arguing that it was a lawful and necessary measure to ensure access to early voting.

The involvement of these high-profile organizations underscores the broader political significance of the case, which could have far-reaching implications for how early voting is conducted in the state of Wisconsin.

Justices Weigh Both Cases Carefully

As the Wisconsin Supreme Court continues to review both cases, the justices have shown caution in their approach. The reluctance to release records in the voter eligibility case suggests that the court is aware of the potential consequences of Heuer's claims. If the records are released, it could set a precedent for future challenges to voter eligibility, which could complicate election administration.

In the case of mobile voting units, the court is grappling with the broader issue of how innovative voting methods fit within the state’s legal framework. While the mobile units were only used once, their legality could pave the way for expanded use of similar programs in future elections, especially in areas with limited access to traditional voting locations.

Implications for Future Wisconsin Elections

The outcome of these cases could have a profound impact on Wisconsin’s election laws moving forward. If the court sides with the WVA and rules that voter eligibility records must be released, it could lead to increased scrutiny of voter registration lists and eligibility challenges in future elections.

Similarly, if the court rules against the use of mobile voting units, cities like Racine may be forced to rethink their strategies for improving voter access, particularly in underserved communities. The decision could influence how absentee voting is conducted across the state and potentially set a national precedent for similar challenges in other jurisdictions.

Conclusion: Key Decisions Await Wisconsin Voters

As the Wisconsin Supreme Court continues to deliberate on these two election cases, voters and election officials alike await the court’s rulings.

Both cases have the potential to reshape how elections are conducted in the state, with significant implications for voter eligibility and access to early voting.

Regardless of the outcome, the decisions will likely play a pivotal role in the future of Wisconsin’s electoral process.