WI Supreme Court dismisses lawsuit contesting mobile voting van use

 February 19, 2025

The Wisconsin Supreme Court has dismissed a lawsuit filed by a Republican Party official that contested the use of mobile voting vans during the 2022 primary election in Racine.

The state high court's 4-3 decision, favoring the Democrat majority, underscores potential challenges for future attempts to question election procedures in crucial battleground states like Wisconsin, as the Washington Examiner reports.

On Wednesday, the court ruled against Ken Brown, the Racine County Republican Party chairman who argued that the mobile voting vans violated state laws designed to ensure equality in voting access. The Democrat majority of the court determined that Brown did not have the necessary standing to bring forth the lawsuit, effectively closing the case.

Details of Court's Decision

The contentious decision was split along ideological lines, with the court's liberal judges opposing their conservative counterparts. This ruling overturns a previous judgment by a Racine County Circuit Court judge that had favored the Republicans, marking a significant shift in the legal battle over election procedures.

While the court did not delve into the legality of using mobile voting sites, the decision leaves the door open for such practices to continue in upcoming elections. With Wisconsin being a key battleground state, the use of mobile voting vans is a significant consideration due to its potential impact on voter turnout.

The lawsuit alleged that the mobile voting vans unlawfully favored Democrat participation, a claim that was denied by Racine officials. The vans traveled to 21 different locations over two weeks, providing citizens the opportunity to cast absentee ballots conveniently.

Background of Legal Challenge

The mobile voting initiative in Racine was funded through grants from the Center for Tech and Civic Life, a nonprofit organization associated with Mark Zuckerberg and his wife. This source of funding has been a point of contention among Republicans, who argue against private money influencing public election processes.

In light of these concerns, Wisconsin voters passed a constitutional amendment to ban private funding for election activities. Despite this, the court's recent ruling suggests that similar initiatives might still have room for implementation under certain circumstances.

Critics, like Charlie Hoffman, accuse the court of providing municipal clerks with unchecked authority, which he claims undermines conservative voters' efforts to maintain election integrity. The decision was described as closing down legal recourses for those worried about election laws.

Implications for Future Elections

Former Gov. Scott Walker has voiced his criticism, suggesting that the ruling reflects the beginning of what he perceives to be an activist court dynamic. In his view, the 4-3 decision indicates a broader shift in the court's approach to election law disputes.

The timing of this ruling is especially significant as it coincides with an impending state Supreme Court election on April 1. This election could potentially shift the ideological balance of the court for years to come, as it will determine who will replace retiring Justice Ann Walsh Bradley.

Consequently, both the Republican and Democratic Parties are keenly focused on the upcoming election. Brad Schimel, a Republican candidate, is campaigning against Democrat Judge Susan Crawford, with significant external financial support being funneled into the race.

Role of Outside Influence in Election

One prominent example of this financial involvement is from a political group affiliated with Elon Musk, named Building America's Future. The group has reportedly spent over $670,000 on television advertisements supporting Schimel's candidacy.

Musk has also taken to social media to encourage voters to back Schimel, emphasizing a need to prevent potential voting fraud. His involvement highlights the national attention garnered by this state election due to its potential ramifications on the court's future orientation.

Schimel's campaign, buoyed by this support, is part of a broader effort to maintain and possibly expand the conservative influence within the state's highest court. The outcome of the election could impact the ideological makeup of the court, particularly with additional seats coming up for election in 2026 and 2027.

Clashing Views on Election Integrity

The core of the disagreement over mobile voting vans stems from differing perspectives on election integrity and accessibility. While critics argue that such measures could disproportionately benefit one political party, supporters believe they enhance voter participation by reducing barriers.

Racine officials continue to defend the vans as a necessary innovation to facilitate absentee voting. They assert that these mobile sites are critical for ensuring that all citizens have an equal opportunity to vote, particularly those who may face difficulties reaching traditional polling locations.

As the 2025 state Supreme Court election approaches, the debate over how best to balance election security with accessibility is likely to intensify. How Wisconsin navigates these issues could serve as a blueprint for other states grappling with similar challenges.

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