Judge Tosses Lawsuit Challenging Absentee Voting Rules in Wisconsin

Residents drop mail-in ballots in a ballot box outside of the Tippecanoe branch library in Milwaukee, Wis., on Oct. 20, 2020. Scott Olson/Getty Images

A Wisconsin judge on Monday tossed a lawsuit that challenged absentee voting rules in the state.

Door County Circuit Judge David Weber delivered an oral ruling that dismissed the case, which was brought by voter Thomas Oldenburg, after a hearing that lasted approximately 91 minutes, according to the court docket.

Court documents did not elaborate on Judge Weber’s rationale for the ruling, which sided with the Wisconsin Elections Commission.

Mr. Oldenburg, a resident of Amberg, Wisconsin, argued in the lawsuit, filed in February, that the elections commission has not been following state law requiring voters who request absentee ballots electronically to “return with the voted ballot a copy of the request bearing an original signature of the elector.”

Attorneys for the election commission had argued that it was sufficient for voters to sign a form that the Wisconsin Elections Commission created for clerks to provide to absentee voters with their ballots. They also said making changes now would disrupt long-standing absentee voting procedures on the eve of multiple elections and new envelopes can’t be designed and reprinted in time for the Aug. 13 primary and Nov. 5 general election.

Jeffrey Mandell, an attorney representing Disability Rights of Wisconsin, one of several groups that joined the lawsuit, said in an email that the judge determined that Mr. Oldenberg waited too long to file the action. Commission attorneys noted in their May arguments that the envelope sign-off has been in play since electronic ballot requests began in 2006 and Mr. Oldenberg could have challenged the practice any time after that.

The Democratic National Committee and the League of Women Voters of Wisconsin joined the case along with Disability Rights of Wisconsin. The state’s Democratic attorney general, Josh Kaul, represented the elections commission. He issued a statement calling Monday’s decision a victory for Wisconsin voters and accessible absentee voting.

Wisconsin allows any voter to request paper absentee ballots and file them by mail.

However, under state law, only people who serve in the military or live outside the country can receive ballots electronically. A separate order from earlier this year added disabled voters to the list.

Wisconsin is a battleground state that has seen various election rules challenged in recent years. Former President Donald Trump won the state in 2016, but President Joe Biden emerged victorious among Wisconsin voters in 2020.

The Associated Press contributed to this report.