AP

Wisconsin judge won’t order sequestering of absentee ballots

Nov 6, 2022, 4:53 PM | Updated: Nov 7, 2022, 4:16 pm

FILE - Kimberly Zapata, deputy director of the Milwaukee Election Commission, instructs workers pro...

FILE - Kimberly Zapata, deputy director of the Milwaukee Election Commission, instructs workers processing ballots, Tuesday, April 5, 2022, at the central counting facility in Milwaukee, Wis. The Republican chair of the Wisconsin Assembly's elections committee along with a veterans group and other voters have filed a lawsuit seeking a court order requiring the sequestering of all military absentee and mail-in ballots in the battleground state. The lawsuit from state Rep. Janel Brandtjen, filed Friday in Waukesha County Circuit Court, comes after Zapata was charged with felony misconduct in office and three misdemeanor counts of election fraud. (Mark Hoffman/Milwaukee Journal-Sentinel via AP, File)

(Mark Hoffman/Milwaukee Journal-Sentinel via AP, File)

MADISON, Wis. (AP) — A Wisconsin judge on Monday, less than 14 hours before polls opened, refused to order that military absentee ballots be pulled aside and sequestered until it can be verified that they were cast legally, saying that would be a “drastic remedy” that could disenfranchise voters.

The Republican chair of the Wisconsin Assembly’s elections committee along with a veterans group and other voters sued on Friday, seeking a court order to sequester the ballots.

Waukesha County Circuit Judge Michael Maxwell denied that request for a temporary restraining order in a ruling from the bench following a two-hour hearing Monday afternoon.

“That just seems to be a drastic remedy,” he said of sequestering the ballots.

The judge also denied a request from state Rep. Janel Brandtjen, who was represented by attorneys from the conservative Thomas More Society, to order the elections commission to withdraw its guidance to clerks about absentee ballots from members of the military. Brandtjen has pushed conspiracy theories about the 2020 election.

The judge said the case did raise questions about whether the bipartisan Wisconsin Elections Commission was adequately informing the state’s 1,800-plus election clerks about their duty to maintain a list of eligible military voters.

The lawsuit comes after a top Milwaukee County elections official was charged with fraudulently requesting three military ballots using fake names and having them sent to Brandtjen as way to expose vulnerabilities in Wisconsin elections. Kimberly Zapata, deputy director of the Milwaukee Election Commission, was fired last week and now faces charges of felony misconduct in office and three misdemeanor counts of election fraud.

Michael Gableman, a former Wisconsin Supreme Court justice who was hired by Republicans to investigate the 2020 election, now works for the Thomas More Society and represented Brandtjen. He argued that legitimate military absentee voters could have their votes negated by fraudulent ones, and the only way to prevent that was to sequester all the ballots to ensure they’re valid.

“How else could we possibly ensure that only the authentic military ballots are counted?” Gableman said.

Lynn Lodahl, an assistant attorney general representing the elections commission, called that a “completely unworkable request” with no legal basis.

“There’s no process in the statutes for sequestration,” she said. “The plaintiffs don’t explain what this means. They don’t explain how this will work.”

Military ballots comprise a tiny fraction of all ballots cast in the state. On average, they represent about 0.07% of all absentee ballots requested, according to the Wisconsin Elections Commission. In the 2018 election, 2,700 military ballots were requested and as of Thursday, 2,747 military ballots had been requested for the current election.

In Wisconsin, military voters are not required to register to vote, meaning they don’t need to provide a photo ID to request an absentee ballot.

All absentee ballots must be received by the close of polls at 8 p.m. Tuesday in order to be counted. As of Sunday, more than 715,000 absentee ballots had been returned.

The Union Veterans Council, a constituency group of the AFL-CIO, intervened in the lawsuit. The group’s executive director, Will Attig, called the lawsuit a pointless “attack on people who are actively serving this country.”

Chris Yatchak, chair of the group’s Milwaukee chapter, said during a virtual news conference Monday that the lawsuit was an “outrageous attempt by a single individual to try and cast doubt on a free and fair election process.”

“I’m just appalled at this,” Yatchak said. “It’s a disgusting act.”

The case is certain to increase the pressure on the bipartisan state elections commission, which Republican gubernatorial candidate Tim Michels has said he wants to eliminate if he wins Tuesday’s election.

Gableman was fired from his investigatory job earlier this year by Republican Assembly Speaker Robin Vos after his work was widely ridiculed and did not present any evidence to overcome President Joe Biden’s victory. He previously appeared in court representing Harry Wait, who was charged with election fraud and identity theft after requesting and receiving absentee ballots in the names of legislators and local officials in July.

___

Follow the AP’s coverage of the 2022 midterm elections at https://apnews.com/hub/2022-midterm-elections. And learn more about the issues and factors at play in the midterms at https://apnews.com/hub/explaining-the-elections.

Copyright © The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

AP

Image: A cargo ship is stuck under the part of the structure of the Francis Scott Key Bridge after ...

Associated Press

Authorities identify 2 bodies recovered at site of Baltimore bridge collapse

A major bridge in Baltimore snapped and collapsed after a container ship rammed into it early Tuesday, and several vehicles fell into the river below.

23 hours ago

Photo: Mountaineer Jim Whittaker has died at 95....

Gene Johnson, The Associated Press

Lou Whittaker, among the most famous American mountaineers, has died at age 95

Lou Whittaker, a legendary American mountaineer who helped lead ascents of Mount Everest, K2 and Denali, has died at age 95.

24 hours ago

File photo: Former Sen. Joe Lieberman speaks in Washington on Jan. 18, 2024....

Associated Press

Former Sen. Joe Lieberman, Democrats’ VP pick in 2000, dead at 82

Former U.S. Sen. Joe Lieberman of Connecticut, who nearly won the vice presidency on the Democratic ticket with Al Gore in 2000, has died.

24 hours ago

islamic state attack...

Vanessa Gera, The Associated Press

What we know after the Islamic State group claims responsibility for Moscow massacre

The Islamic State group has claimed responsibility for an attack on a suburban Moscow concert hall that killed at least 133 people.

4 days ago

Moscow shooting...

The Associated Press

Russia: 60 dead, 145 injured in concert hall raid; Islamic State group claims responsibility

Assailants burst into a concert hall in Moscow on Friday and sprayed the crowd with gunfire, killing over 60 people, injuring more than 100.

6 days ago

Photo: Britain's Kate, Duchess of Cambridge visits 282 (East Ham) Squadron, RAF Air Cadets, Cornwel...

Associated Press

Kate Middleton announces she has cancer, is undergoing chemotherapy

Kate Middleton, Princess of Wales, says she is undergoing chemotherapy to treat cancer. She has been out of view since Christmas.

6 days ago

Wisconsin judge won’t order sequestering of absentee ballots