In Madison, Wisconsin, a judge has determined that state law doesn’t permit mobile absentee voting sites, siding with Republicans in their objection to Racine’s use of a mobile voting van in 2022.
What’s at Stake?
The legal dispute surrounding Racine’s mobile voting van is among several cases in key state Wisconsin that could shape voting regulations in the next presidential election.
Republicans argued against the van, citing the potential for voter fraud and its alleged role in boosting Democratic turnout. In contrast, Racine authorities, the Democratic National Committee, and Milwaukee’s Black Leaders Organizing for Communities argued in favor of the van due to the lack of a direct legal prohibition against its use.
“Zuckerbucks” and Election Integrity
Introduced in Racine’s 2022 municipal elections, the van was funded by a grant from the Center for Tech and Civic Life, a nonprofit founded by Facebook’s Mark Zuckerberg and his wife. Republicans have criticized these grants as “Zuckerbucks,” claiming they were used to skew turnout in favor of Democrats.
Republican Alabama Governor Kay Ivey was the first to outlaw ‘Zuckerbucks’ in her state. In an April 13 press release, she stated, “Big tech’s efforts to undermine the integrity of our elections has no place in our country, and I’m proud to have signed legislation that ensures Alabama’s election process remains air-tight,”
Van-Powered Democracy
Racine City Clerk Tara McMenamin explained that the van served to enable early in-person voting during the fortnight before an election and was a practical solution for her staff, who faced challenges setting up equipment at distant polling locations.
The van roamed throughout Racine, going into neighborhoods to engage with voters and gather early ballots.
Republicans Challenge Primary Results
Following the August 2022 primary, the Wisconsin Institute for Law and Liberty, representing Racine County Republican Party Chairman Ken Brown, filed a complaint with the Wisconsin Elections Commission.
Did the Van Unfairly Favor Democrats?
According to the complaint, the van’s operation violated state law, alleging it was strategically deployed to Democratic-leaning areas to illegally increase turnout. Contrarily, McMenamin refuted these allegations, asserting that they demonstrate a misunderstanding of the city’s inherently Democratic-leaning voting wards.
Complaint Dismissed
Just days before the November election, the elections commission dismissed the complaint, citing a lack of probable cause to believe any laws were violated.
This led the Wisconsin Institute for Law and Liberty to file a lawsuit.
Mobile Voting Van Unlawful
Racine County Circuit Judge Eugene Gasiorkiewicz, in a late Monday ruling, reversed the commission’s dismissal, stating that state election laws don’t sanction mobile voting sites. “Nowhere can this Court find or has been provided any authority allowing the use of a van or vehicle as an alternate absentee voting vehicle,” he wrote.
It’s Not About Merit
The judge also dismissed the defense’s argument that mobile voting sites were permissible due to the absence of explicit prohibition. Gasiorkiewicz clarified that his ruling was not an opinion on the merit of mobile voting sites but a matter for the Legislature to decide.
Decision Receives Backing
Lucas Vebber, the deputy counsel at the Wisconsin Institute for Law and Liberty, praised the recent ruling, saying, “Wisconsin voters should know that their elections are secure, and that election administration does not favor one political party over another. This decision does just that.”
No Response on Appeal
The Wisconsin Elections Commission and the state Department of Justice, the latter representing the commission in the lawsuit, have not responded to inquiries about a possible appeal against the ruling.
Racine City Clerk Tara McMenamin mentioned that the decision is currently under review, and more definitive steps will be outlined next week.
Case May Reach the Supreme Court
Wisconsin’s early in-person absentee voting for the municipal spring election begins on February 6, while the presidential primary is set for April 2, allowing for absentee voting two weeks in advance.
Should the case be appealed, it might ultimately reach the liberal-majority Wisconsin State Supreme Court for a final decision.
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