New Wisconsin lawsuit challenges ballot drop boxes, ballot harvesting

The Wisconsin Institute for Law and Liberty filed the suit just days after the Wisconsin Supreme Court side-stepped a legal challenge.

Published: June 28, 2021 5:31pm

Updated: June 29, 2021 12:22pm

(The Center Square) -

The Wisconsin Institute for Law and Liberty has filed a lawsuit challenging ballot drop boxes and absentee ballot collections in the state. 

The suit by the nonprofit conservative law firm was filed Monday, just days after the state Supreme Court dismissed a legal a challenge on the issues.

"Wisconsin voters deserve certainty that elections are conducted fairly and in accordance with state law," firm President Rick Essenberg said.

The state's high court on Friday ruled 4-3 on the issues.

The new suit appears to argue state laws are clear on the alternative voting, but the Wisconsin Election Commission is not following them. 

"Despite the clarity of the law, WEC sent a memo to municipal clerks regarding the return of absentee ballots dated March 31, 2020,” the lawsuit states. "In paragraph two of the March 2020 WEC Memo it states that third persons other than the voter may return a voter’s absentee ballot. Specifically, the memo says that ‘A family member or another person may also return the ballot on behalf of the voter.' "

Former Dane County Judge Jim Troupis says the lawsuit from is likely one of many that will press the state Supreme Court to decide on the merits of ballot drop boxes and ballot collections before the 2022 election season.

"There have to be simultaneous actions brought in multiple counties, on multiple theories," Troiupis told Vicki McKenna on News Talk 1130 WISN. "And there has to be a motion to the new chief justice to consolidate those actions, and demand that they be resolved within 60 days."

Troupis said Wisconsin clerks need to know what the law is, and voters in the state have to have confidence that the law is being followed.

The Wisconsin Supreme Court "won’t tell us what the law is," Troiupis said. "They won’t tell us how to enforce the law. If you were trying to write a scenario where people would distrust elections, you would do exactly what our state supreme court is doing. And that is so disappointing to me."

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