Waukesha County Circuit Court Judge Michael Bohren issued a summary judgment decision earlier this month on January 13th banning ballot drop boxes in the state.
The Wisconsin Elections Commission 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.
On Monday a state appeals court stayed Judge Bohren's restrictions on the use of absentee ballot drop boxes.
On Wednesday the Wisconsin Institute for Law and Liberty filed an emergency motion to bypass, asking the Wisconsin Supreme Court to hear Teigen v. Wisconsin Elections Commission, a case to determine the legal status of absentee ballot drop boxes and ballot harvesting.
The case is currently on appeal at the Court of Appeals, District IV, which issued a temporary stay of a Waukesha Circuit Court decision that will allow the use of absentee ballot drop boxes for the February 15 primary election.
Background: 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 others can return their ballot for them.
On January 13, Waukesha County Circuit Court Judge Michael Bohren issued a summary judgment decision that held that WEC's guidance on absentee ballot drop boxes violates state law, and/or should have been adopted through the rulemaking process in Chapter 227.
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Thursday, January 27, 2022
Wisconsin Attorneys File Emergency Motion to Bypass Appeal's Court and Their Decision to Delay Banning of Drop Boxes for Feb. Primary
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