Reading Time: 3 minutes

Organizers are working to introduce a Montana ballot initiative that could prevent corporations from spending on elections.

The constitutional amendment would alter corporate charters and the power given to “artificial persons” in Montana, barring them from political spending. It attempts to bypass the U.S. Supreme Court’s 2010 Citizens United decision, which said under the First Amendment the government can’t bar corporations and similar groups from spending money independently to influence elections.

The Montana proposal is not yet on the 2026 ballot after the Montana attorney general and the Montana Supreme Court determined the version was legally insufficient under state constitutional rules, but organizers are refiling new versions in the hopes of getting the initiative on the ballot. 

In Wisconsin, home of the most expensive state Supreme Court races ever, could similar campaign finance laws be put in place? It’s a complicated question, according to legal experts. 

Unlike in Wisconsin, Montana residents can propose changes to the state constitution or statutory law through a citizen petition process. To qualify a constitutional initiative for the ballot, proponents must gather signatures equal to 10% of the state’s electors, including at least 10% of electors in two-fifths of Montana’s legislative districts. Statutory initiatives require signatures equal to 5% of the state’s electors, including at least 5% of electors in one-third of legislative districts.

Similar reforms in Wisconsin would need to come from the Legislature, not from a citizen-led ballot initiative. To place a constitutional amendment on the ballot, lawmakers must approve the same proposal in two consecutive legislative sessions. The amendment would then appear on the statewide ballot, where voters could approve it and make it part of the Wisconsin Constitution by a majority vote. The governor doesn’t have a role in that process.

If Montana’s initiative makes it to the ballot and voters approve it, more litigation is likely to follow, said Derek Clinger, senior counsel at the State Democracy Research Initiative at the University of Wisconsin Law School. It’s unclear if the organizer’s argument would survive a constitutional challenge. 

Nevertheless, Montana’s proposed ballot initiative is an interesting conversation starter that could help put “political pressure” on the courts if Montana voters agree to approve a potential amendment, Clinger said. 

“They made a case that doing this would comply with the U.S. Supreme Court precedent and that states have this power to regulate and kind of control what sorts of activities corporations are allowed to participate in,” Clinger said. “It’s an interesting idea what they’re doing in Montana, but I think it would absolutely be litigated, and it’s kind of hard to predict what would happen.”

There are other campaign finance changes Wisconsin politicians could introduce, such as spending limits in judicial elections.

“Judges are supposed to be kind of more above politics compared to legislators and executive officials, and that kind of need to keep judges out of the political fray can justify more campaign finance regulations,” Clinger said. “I think if there was an appetite to impose more regulations on judicial elections in Wisconsin, I think they would have the constitutional ability to do so. But the question is: Is there that appetite?”

Paul Nolette, director of Marquette University’s Les Aspin Center for Government, said it’s a difficult legal environment for supporters of campaign finance reform. 

“Getting laws on the books that make meaningful campaign finance change is just difficult at this particular moment,” Nolette said.

One way to change the system without limiting corporate giving would be more disclosure from so-called “dark money” groups, which can avoid disclosing donors through Super PAC donations. The Arizona Supreme Court allowed legislators to challenge a citizen ballot initiative that called for “dark money” disclosure. More than 70% of voters approved the measure in 2022. 

Legislators also could introduce a more robust public campaign finance system. Wisconsin once had a public financing program for Supreme Court elections as part of the Wisconsin Election Campaign Fund, but it was repealed in 2011. State Sen. Kelda Roys, D-Madison, previously told Wisconsin Watch she was drafting a bill to revive the public financing system and would propose significantly larger grants than the original $100,000 for primary candidates and $300,000 for general election candidates, saying smaller amounts would not meaningfully support competitive campaigns.

“The amount of money in politics, even if it’s just coming from individuals, is still significant enough that it just overwhelms the amount of public money that could be available,” Nolette said.

Apart from the state Legislature, Clinger said the Wisconsin Supreme Court could institute recusal rules, which may discourage partisan campaign donations to justices.

Can Wisconsin do what Montana is attempting to prohibit corporations from donating to campaigns? is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.

Reading Time: 3 minutes

A Dane County judge on Monday rejected the city of Madison’s claim that absentee voting’s characterization in state law as a “privilege” precludes damages against the city for disenfranchising 193 voters and ruled that Madison can face potential financial liability for the error.

In rejecting motions by the city and other defendants to dismiss the case, Dane County Circuit Court Judge David Conway said that a state law describing absentee voting as a privilege does not mean absentee ballots receive less constitutional protection than votes cast in person.

“That right to vote,” Conway wrote, “would be a hollow protection if it did not also include the right to have one’s vote counted.”

Conway also rejected former Madison Clerk Maribeth Witzel-Behl’s legal argument that there is a meaningful legal difference between intentionally not counting votes and mistakenly failing to count them due to human error. He held that state law allows for people to seek damages against election officials who “negligently deprive citizens of the right to vote.”

“When an election official fails to count a valid absentee ballot, whether by negligence, recklessness, or malice, he or she deprives the absentee voter of that constitutional right,” he wrote. 

The city and Witzel-Behl’s legal argument, made in response to a lawsuit seeking damages on behalf of 193 Madison voters disenfranchised in the 2024 election, drew sharp rebukes from legal experts, Gov. Tony Evers and the Wisconsin Elections Commission, which filed its very first friend-of-the-court brief opposing the rationale. 

Conway dismissed the Madison clerk’s office from the case after arguments that it could not be sued separately from the city, but allowed the case to proceed against the city, Witzel-Behl and Deputy Clerk Jim Verbick. The voters are represented by a liberal election law firm, Law Forward. 

“At the dawn of another election season, the message is clear: The right to vote protects Wisconsinites whether they vote in-person or absentee,” Law Forward staff attorney Scott Thompson told Votebeat. “We are pleased the court agreed with our arguments and that this case will proceed.”

Matt O’Neill, the lawyer representing Witzel-Behl, declined to comment.

Madison spokesperson Dylan Brogan said the city is reviewing the decision and considering its next steps. Brogan stressed that the city “has a long history of promoting and protecting absentee voting and that policy has not changed,” but said monetary damages for unintentional errors would mean money and resources “would be diverted to pay for this human error.”

Madison mayor says ‘nonsensical’ lawsuit could weaken elections

In an interview with Votebeat last week, Madison Mayor Satya Rhodes-Conway said she didn’t like the state law calling absentee voting a privilege, not a right. But she said that critics should direct their concerns at the Legislature, rather than at the city. 

Rhodes-Conway said the city’s argument “literally repeat(s) what’s in state law.” Legal experts have disputed that characterization, saying the city advanced a novel interpretation of a long-standing statute. Rhodes-Conway said she wasn’t sure those critiques were relevant.

“It shouldn’t be in the law,” she said. “And the state Legislature should take action to correct that and better protect voting in this state.”

The 1985 state law describes absentee voting as a privilege exercised outside the safeguards of the polling place. Another provision requires absentee voters to comply with laws regulating the practice for their votes to count. The law has been cited in lawsuits seeking to restrict absentee voting, but it had never before been used to shield election officials from liability for failing to count valid ballots.

In his Monday ruling, Conway dismissed the city’s interpretation of the law without questioning the statute itself.

“Just because the absentee voting process is a privilege does not mean that those who legally utilize it do not exercise their constitutional right to vote,” he said.

Rhodes-Conway said that, despite using that legal argument in court, the city has consistently promoted absentee voting and will continue to do so.

Rhodes-Conway criticized the lawsuit as a whole, saying that the solution for the city disenfranchising 193 voters in the 2024 presidential election “is not to charge the city of Madison millions of dollars because our clerk’s office made a mistake.” 

“That’s not achieving anything. It’s not making elections better,” she continued. “It’s simply taking money that could be invested in basic services and in election protection and election services, and paying it to the plaintiffs. It’s just nonsensical to me.”

Alexander Shur is a reporter for Votebeat based in Wisconsin. Contact Shur at ashur@votebeat.org.

This coverage is made possible through Votebeat, a nonpartisan news organization covering local election administration and voting access. Sign up for Votebeat Wisconsin’s free newsletter here.

Court says Madison can be liable for disenfranchising voters is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.

Judge David Conway rejected Madison's attempt to have the case thrown out.

The post Lawsuit against Madison over uncounted ballots will move forward appeared first on WPR.

FBI agents load boxes of election documents onto trucks at an elections warehouse in Fulton County, Ga. State and local election officials are bracing for the prospect of federal action after President Donald Trump’s call to nationalize elections. (Photo by Ross Williams/Georgia Recorder)

President Donald Trump’s calls this week to “nationalize” elections capped a year of efforts by his administration to exercise authority over state-run elections. The demands now have some state and local election officials fearing — and preparing for — a tumultuous year ahead.

“I don’t think we can put anything past this administration,” Oregon Democratic Secretary of State Tobias Read told Stateline in an interview. “I think they’re increasingly desperate, increasingly scared about what’s going to happen when they are held accountable by American voters. So we have to be prepared for everything.”

Ever since Trump signed an executive order last March that attempted to impose a requirement that voters prove their citizenship in federal elections, the federal government has engaged in a wide-ranging effort to influence how elections are run. Under the U.S. Constitution, that responsibility belongs to the states.

Then came Trump’s remarks on a podcast Monday that Republicans should nationalize elections and take over voting in at least 15 places, though he didn’t specify where. In the Oval Office the next day, the president reaffirmed his view that states are “agents” of the federal government in elections.

“I don’t know why the federal government doesn’t do them anyway,” Trump told reporters on Tuesday, despite the Constitution’s clear delegation of that job to states.

Across the country, election officials are watching recent developments and, in some instances, grappling with how the Trump administration’s moves could affect their preparations for November’s midterm elections, which will determine control of Congress. Local election officials say they are considering how they would respond to the presence of federal law enforcement near polling places and what steps they need to take to ensure voting proceeds smoothly.

Several Democratic election officials, and some Republicans, have spoken out. Placing voting under control of the federal government would represent a fundamental violation of the Constitution, they note.

The U.S. Constitution authorizes states to set the time, place and manner of elections for Congress but also allows Congress to change those regulations. The elections themselves are run by the states.

“Oh, hell no,” Maine Democratic Secretary of State Shenna Bellows said in a video statement posted to social media about federalizing elections. Bellows, who is running for governor, said she would mail the White House a pocket Constitution, “because it seems they’ve lost their copy.”

The U.S. Department of Justice already has sued 24 states and the District of Columbia to obtain unredacted voter rolls that include sensitive personal information that it says is needed to search for noncitizen voters. The Department of Homeland Security wants states to run their voter rolls through a powerful citizenship verification tool. Those opposed to the demand say sharing the data risks the privacy of millions of voters. Many fear the administration could use the information to disqualify eligible voters, challenge the legitimacy of a victory in a closely contested midterm election, or use the information to target political enemies.

In recent weeks, U.S. Attorney General Pam Bondi linked the presence of federal immigration agents in Minneapolis in part to Minnesota’s refusal to turn over its voter rolls. And the FBI seized ballots from an elections warehouse Fulton County, Georgia — a state that was a central focus of Trump’s push to overturn his 2020 election loss.

“I think it does affect our planning as far as, what if there is some sort of federal law enforcement presence on Election Day or before or after? So that definitely factors into our planning,” said Scott McDonell, the Democratic clerk in Dane County, Wisconsin, which includes Madison.

Ingham County, Michigan, Clerk Barb Byrum, a Democrat running for secretary of state, said she and other election administrators conduct tabletop exercises and keep emergency plans for numerous scenarios. Those used to focus on floods, power outages and cyberattacks.

“Now, unfortunately, it’s turning into the president of the United States meddling in elections,” Byrum said. “We will be prepared. Voters will hopefully not see anything different at their polling locations. … But we need to be diligent.”

Pamela Smith, president and CEO of the election security nonprofit Verified Voting, said election officials and their lawyers need to study up on laws and regulations, including chain-of-custody requirements for ballots.

David Becker, director of the nonpartisan Center for Election Innovation & Research, which operates the Election Official Legal Defense Network, said more than 10,000 lawyers have been recruited who are ready to provide pro bono legal assistance or advice to election officials.

Trump doubles down on calling for the feds to take over state elections

When Stateline asked Read whether he anticipates Oregon facing federal pressure over its voter rolls, the secretary of state said he was set to meet this week with county clerks in the Portland metro area “to talk about that very question.” Read’s office later confirmed the meeting took place.

Oregon’s largest city, Portland, has been a focus of the Trump administration. Last year, Trump deployed federalized Oregon National Guard members to the city after protests outside an Immigration and Customs Enforcement facility. And federal agents last month shot two people in a hospital parking lot. Portland is a self-described sanctuary city that does not aid the federal government in immigration enforcement.

The concern in Oregon comes after Bondi on Jan. 24 sent a letter to Minnesota Democratic Gov. Tim Walz after federal agents killed Renee Good and Alex Pretti in separate shootings in Minneapolis that were captured on video.

Bondi’s letter outlined three “common sense solutions” that would help end the “chaos” in Minnesota, she wrote. One of those solutions called for the state to provide the Justice Department with its full, unredacted voter rolls.

Minnesota Democratic Secretary of State Steve Simon has called Bondi’s letter an “outrageous attempt to coerce Minnesota” into handing over the data. Simon hasn’t provided the voter list, but White House border czar Tom Homan is pulling 700 immigration agents from Minnesota amid outrage over their presence. Roughly 2,300 agents will remain in the state.

In North Carolina, Durham County Director of Elections Derek Bowens called Trump’s rhetoric and recent federal actions concerning. Bowens, a nonpartisan official appointed by the Durham County Board of Elections, said that as long as the rule of law persists, a “constitutional guard” will protect election administration.

Still, Bowens, who oversees elections in a largely Democratic area in a presidential swing state, said he and other local officials are preparing to prevent potential “intrusion” into the process.

“I’m not at liberty to divulge what that would be in terms of security protocols, but that’s definitely in the forefronts of our minds,” Bowens said in an interview, adding that he would be working with local emergency services officials “to make sure we’re positioned to ensure everyone that is eligible has unfettered access to the ballot box.”

Trump wants federal control

Trump appears to be crossing a line from urging Congress to set additional election requirements into wanting the federal government’s hands on states’ election administration infrastructure, said Barry Burden, a professor of political science at the University of Wisconsin-Madison and the director of the Elections Research Center at the university.

“That would be brand new,” Burden said.

After Trump called for nationalizing elections during Monday’s appearance on the podcast of Dan Bongino, a right-wing media personality who was previously a top FBI official, the White House said Tuesday that the president had been referring to legislation in Congress that would require individuals to show proof of citizenship to register to vote. The bill has passed the House but is stalled in the Senate.

But Trump late Tuesday doubled down on his original comments during an unrelated bill-signing ceremony in the Oval Office. He suggested the federal government should take a role in vote counting.

“The federal government should get involved,” Trump said. “These are agents of the federal government to count the votes. If they can’t count the votes legally and honestly, then somebody else should take over.”

Even before Trump’s nationalization comments, Democratic state chief election officials and some Republicans had refused to turn over copies of voter rolls containing driver’s license numbers, date of birth and full or partial Social Security numbers after the Justice Department began demanding the data last spring.

Federal judges in California and Oregon have ruled those states don’t have to provide the data; numerous other lawsuits against other states are ongoing.

Missouri Secretary of State Denny Hoskins, a Trump-supporting Republican who campaigned for office on calls to hand-count ballots, told a Missouri House committee on Tuesday that he wouldn’t provide the state’s full voter list without a court order. He said his office had only shared a public version of the voter rolls; Missouri hasn’t been sued by the Justice Department.

The Trump administration has previously confirmed it is sharing records with Homeland Security, which operates an online program that it uses to verify citizenship. The Justice Department has also offered some states a confidential agreement to search their voter lists.

“Clean voter rolls and basic election safeguards are requisites for free, fair, and transparent elections,” Assistant U.S. Attorney General Harmeet Dhillon wrote in a statement to Stateline.

“The DOJ Civil Rights Division has a statutory mandate to enforce our federal voting rights laws, and ensuring the voting public’s confidence in the integrity of our elections is a top priority of this administration.”

But U.S. District Court Judge David O. Carter, a Clinton appointee, wrote in a Jan. 15 decision that the voter roll demands risk a chilling effect on Americans who may opt not to register to vote over concerns about how their information could be used. He dismissed the Justice Department’s lawsuit seeking California’s voter rolls.

“The taking of democracy does not occur in one fell swoop; it is chipped away piece-by-piece until there is nothing left. The case before the Court is one of these cuts that imperils all Americans,” Carter wrote in a 33-page decision.

Some Republicans oppose nationalization

Amid Trump’s call for nationalizing elections, some Republican election officials have broken with the president even as they have avoided criticizing him directly. State control has long been a central tenant of conservatism, though Trump has challenged elements of Republican orthodoxy over the past decade.

Hoskins, the Missouri secretary of state, told state lawmakers on Tuesday, “I personally don’t believe we should nationalize elections.”

Georgia Republican Secretary of State Brad Raffensperger in a news release on Monday urged lawmakers to focus on strengthening state administration of elections. He said that was better than “moving to federalize a core function of state government.”

Raffensperger, who is running for governor this year, was famously targeted by Trump following the 2020 election to overturn his loss in Georgia. In a phone call, Trump told Raffensperger he wanted to “find 11,780 votes” — the size of his loss in the state. Raffensperger refused to aid Trump.

Five years later, Raffensperger now faces pressure from Georgia state lawmakers to provide the state’s unredacted voter list to the Justice Department. The Georgia Senate on Monday passed a resolution calling on the secretary of state to fully comply with the department’s request.

Georgia Republican state Sen. Randy Robertson, the resolution’s lead sponsor, said during a state Senate committee hearing last month that federal law supersedes limits on data sharing in Georgia law. He didn’t respond to an interview request.

In a statement to Stateline, Raffensperger said that state law is “very clear” that officials aren’t allowed to turn over the information. “I will always follow the law and the Constitution,” Raffensperger wrote.

The Georgia Senate vote came less than a week after the FBI searched the Fulton County elections warehouse and seized ballots. Fulton County, which includes much of the Atlanta metro area, was where Trump was indicted on charges of conspiracy and racketeering related to his efforts to overturn the state’s 2020 presidential election. The case was dismissed last year.

The Justice Department didn’t answer a question from Stateline about whether it plans to seek search warrants for other election offices.

On Wednesday, Fulton County filed a motion in federal court demanding the return of the seized ballots and other materials, Fulton County Board of Commissioners Chair Robb Pitts, a Democrat, said at a news conference. The motion also asks for the unsealing of the affidavit used by the FBI to support its search warrant application.

“We will fight using all resources against those who seek to take over our elections,” Pitts said. “Our Constitution itself is at stake in this fight.”

Stateline reporter Jonathan Shorman can be reached at jshorman@stateline.org.

Reading Time: 6 minutes

This article was originally published by Votebeat, a nonprofit news organization covering local election administration and voting access.

When President Donald Trump pressured state and local officials to intervene in his behalf in the 2020 election, it wasn’t a matter of abstract constitutional theory for the people running elections. It was armed protests outside offices, threats against their families, subpoenas for voter data, and months of uncertainty about whether doing their jobs would land them in legal jeopardy.

Now, Trump says he wants Republicans to “nationalize the voting” and “take over the voting in at least 15 places,” language that evokes the pressure campaigns he and allies mounted during that contentious 2020 period.

Trump’s 2020 effort ultimately stalled when even some Republicans refused to take steps they believed were unlawful. And his call to nationalize voting this week prompted pushback from some GOP members of Congress and other Republican figures.

Senate Majority Leader John Thune said Trump’s proposal raised constitutional concerns, and he warned that nationalizing elections could make them more susceptible to cybersecurity attacks. Rep. Don Bacon of Nebraska was more blunt, saying he has long opposed federal control of elections. “I’ll oppose this now as well,” he wrote on X.

On Tuesday, White House press secretary Karoline Leavitt said Trump’s comments referred to his support for federal legislation commonly called the SAVE Act.

Election officials say the lesson of 2020 was not that the system is invulnerable, but that it can be strained in ways that cause lasting damage long before courts step in. While it’s unclear whether Trump’s latest demands — and possible future actions— would lead to the same level of disruption, legal experts say some of the backstops that ultimately stopped him last time are now weaker, leaving election officials to absorb even more pressure.

Memories of 2020 shape the response

Kathy Bernier, a Republican former Wisconsin lawmaker and Chippewa County clerk, was the chair of the state Senate’s election committee following the 2020 election and repeatedly pushed back on Trump’s claims of widespread fraud. As Republicans launched a prolonged review of the results, Bernier criticized the effort publicly, saying Wisconsin’s elections were secure and that “no one should falsely accuse election officials of cheating.”

She faced extensive backlash, including calls for her resignation, and Bernier said the dispute escalated to the point that she carried a gun for protection. She ultimately left the Legislature, a decision that she said wasn’t politically motivated.

A key takeaway from the 2020 election for election officials, Bernier told Votebeat, was the importance of radical transparency — not just following the rules, but showing people, in real time, that the rules are being followed “to a T.”

“When there’s a paper jam,” she said, “announce it.”

Still, she said, officials also learned the limits of that approach. After she tried to boost election confidence across Wisconsin, she came to a blunt conclusion: “There’s nothing you can do with ‘I don’t believe you.’”

In the years that followed, Bernier said, a bigger danger than Trump himself were the “charlatans” who took his words and turned them into a business model, spreading conspiracy theories for profit. The misinformation and disinformation those people spread, Bernier said, continue to resonate among the conspiratorial segments of the GOP.

The impact of their campaigns has been felt acutely by election officials. Many received death threats, and some had to relocate and enhance their security protections. Large cities redesigned their election offices to better protect their workers, and election official turnover increased dramatically, reshaping the profession long after the votes were counted.

Stephen Richer, a Republican who became recorder in Maricopa County, Arizona, shortly after the 2020 election, had similar advice: Follow the law, tell the truth and consult attorneys, national associations and state associations before making key decisions because “the likelihood that they are dealing with your jurisdiction alone is limited.”

Georgia Secretary of State Brad Raffensperger is among the Republicans who prominently resisted Trump’s calls to overturn the 2020 election. He and his wife received death threats and were assigned a protective team by the state. He declined an interview with Votebeat, but in a statement this week, he urged lawmakers to improve state election administration “rather than rehashing the same outdated claims or worse — moving to federalize a core function of state government.”

Pennsylvania Secretary of State Al Schmidt, another Republican who pushed back on Trump’s baseless allegations of widespread fraud following the 2020 election and faced similar retaliation, told Votebeat that the state’s elections are freer and fairer than ever before and that the Constitution stops Trump from unilaterally nationalizing elections.

The Michigan Department of State, similarly, said this was a settled constitutional matter.

On the other hand, Michigan Republicans have asked the U.S. Justice Department for increased federal involvement in elections in the state, calling for monitors — not atypical in American elections — as well as “oversight,” although GOP leaders didn’t elaborate on what that would mean.

Richer, who lost his reelection bid for recorder in 2024 to another Republican, said Trump’s comments, combined with similar calls for federal involvement, suggest the Republican Party is drifting from its traditional commitment to federalism and local control. He also pointed to increased legislation at the federal level seeking to standardize elections, which has received little pushback from the Republican Party. That’s despite Republicans criticizing an earlier Democratic legislative effort as federal overreach.

“Clearly the federal government is going to do things that it’s never done before,” he said. “The FBI going in and taking materials from an election that happened over five years ago is unprecedented, so maybe we’re destined for additional unprecedented actions.”

Election officials and courts the most significant ‘line of defense’

One of the key reasons that Trump failed in his efforts to delay and then overturn the 2020 election was the “men and women of principle” in his administration, said David Becker, an election lawyer who leads the nonprofit Center for Election Innovation & Research. Becker, a former Justice Department official, said the experience offered an uncomfortable lesson: Those internal guardrails existed because individuals chose to enforce them — and there is less reason to assume they would be there again.

After the 2020 election, Bill Barr, the attorney general at the time, disputed Trump’s claim that there was widespread fraud; the Cybersecurity and Infrastructure Security Agency similarly disputed the president’s claim that swings in unofficial results during election night meant that there was election fraud; and national security officials reportedly warned Trump that he couldn’t seize voting machines.

“That line of defense is largely gone,” Becker said, because “the primary and perhaps only qualification for being hired by this administration — particularly in those key roles in the Justice Department and Department of Homeland Security — is loyalty to this man.”

With fewer internal checks, Becker said, the second and most important line of defense this election cycle is courts and state and local election officials. Courts have already stymied many of the election policies Trump has tried to carry out via executive order, and “election officials are holding firm.” But he cautioned that court challenges take time — time in which “untold damage” can be done to erode public trust and to the officials caught in the middle.

That gap between what Trump can say and what he can actually do is where the risk now lies, said Justin Levitt, an election law professor at Loyola Marymount University who advised President Joe Biden’s administration on democracy and voting rights. Levitt said Trump does not have the legal or operational authority to unilaterally nationalize elections, even if he were inclined to cross legal boundaries.

He contrasted the president’s ability to control elections with ICE’s use of force in Democratic-run cities. In immigration enforcement, Levitt said, Congress has given the executive branch authority that can be exercised aggressively or improperly, even when courts later find those actions unlawful. In those cases, Levitt said, the president has “his finger on a switch” — the practical ability to act first and answer questions later. “No such switch exists” in elections, said Levitt.

But with fewer administration officials pushing back on Trump’s claims compared with his first term, Levitt said election officials can expect Trump’s messaging to get “much, much, much worse this year,” and for those claims to be given more oxygen by the rest of the federal government.

“It’s up to us to choose to believe him or not,” he added. Obedience in advance isn’t required, and treating Trump’s claims as commands would grant him authority he does not have, Levitt said, adding, “We have agency in this.”

Alexander Shur is a reporter for Votebeat based in Wisconsin. Votebeat staff contributed to this story. Contact Shur at ashur@votebeat.org.

Votebeat is a nonprofit news organization covering local election integrity and voting access. Sign up for their newsletters here.

Election officials draw on sobering 2020 lessons as Trump calls for nationalizing voting is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.

Democratic U.S. Sen. Tammy Baldwin said Friday she adamantly opposes a GOP bill moving through Congress that would tighten voting access nationwide.

The post Wisconsin US Sen. Tammy Baldwin speaks out against GOP bill to restrict voting appeared first on WPR.

President Trump's statements that Republicans should take over and run elections in many states, the domestic deployment of armed agents who are shooting people in nearby cities, along with Wisconsin's long struggle over fair voting rules, makes for a tense election season. But voters still have the power to defend their rights. | Photo of an anti-gerrymandering sign in the Wisconsin State Capitol by the Wisconsin Examiner

Wisconsin was almost certainly on President Donald Trump’s mind when he said this week, “We should take over the voting, the voting in at least many — 15 places. The Republicans ought to nationalize the voting.”

Our swing state was Ground Zero for the fake electors plot to overturn the results of the 2020 election after Trump narrowly lost here. Wisconsin U.S. Sen. Ron Johnson’s office was involved in the effort to pass off fraudulent Electoral College ballots cast by state Republicans for Trump. Our state Legislature hosted countless hearings spotlighting election deniers and wasted $2.5 million in taxpayer dollars on a fruitless “investigation” of the 2020 presidential results, led by disgraced former Supreme Court Justice Michael Gableman, who threatened to arrest the mayors of Madison and Green Bay.

So how worried should we be about Trump’s election takeover threats?

“I wouldn’t be overly concerned that the president could get anything done that’s directly contrary to the Constitution,” says John Vaudreuil, a former U.S. Attorney for the Western District of Wisconsin and a member of the nonpartisan group Keep Our Republic, which works to promote trust in elections.

Not only does Article I of the U.S. Constitution expressly delegate elections administration to the states, Wisconsin has one of the most decentralized elections systems in the country, with about 1,800 local clerks running elections in counties, municipalities and townships throughout the state. “And they are Republicans, they are Democrats, they are independent,” Vaudreuil says. “Most fundamentally, they’re our neighbors, they’re our friends.” 

Trump’s threats of a federal takeover would be both legally and practically hard to pull off in Wisconsin.

But there is still reason to worry. Sowing distrust in elections takes a toll on clerks and poll workers, who have become less willing to put up with the threats and hostility generated by Trump’s attacks. Vaudreuil urges people to support their local elections officials and poll workers and spread the word that the work they do is important and that elections are secure.

Then there’s the danger that Trump could use his own false claims about election fraud to send federal immigration agents to the polls on the pretext that it’s necessary to address the nonexistent problem of noncitizen voting.

Doug Poland, director of litigation at the voting rights focused firm Law Forward, has been involved in election-related litigation in Wisconsin for years, including a lawsuit to block the Trump administration from forcing the state to turn over sensitive voter information. 

Poland sees Trump’s threats to “nationalize” elections as part of a pivot from Republican efforts to make in-person voting harder — on the dubious theory that there’s a huge problem with voter impersonation at the polls — to a new focus on stopping absentee voting after many people began using mail-in ballots during the pandemic. But really, it’s all about trying to make sure fewer people vote.

Under former Republican Wisconsin Gov. Scott Walker, Wisconsin passed a strict voter ID law, which one Republican former staffer testified made Republican legislators “giddy” as they discussed how it would make it more difficult for students and people of color to vote. 

Like Vaudreuil, Poland sees the current threat from the Trump administration not as an actual takeover of election administration by the federal government, but as an escalation of intimidation tactics.

“Noncitizens generally don’t vote. So it’s a lie,” Poland says. “But it’s, of course, the lie that they’re going to use as a premise to send, whether it’s ICE or whomever it may be, to polling places, probably in locations with Black and brown populations, and that is purely for the purpose of intimidation. And at the same time, they’re pushing back very hard on absentee voting by mail.”

If the Trump administration is preparing to send armed federal agents to the polls to intimidate voters, absentee voting will be more important than ever in the upcoming elections.

Yet, U.S. Sen. Ron Johnson recently told constituents that while he doesn’t think the federal government should take over elections administration, “I think we need to tighten up the requirements for absentee voting. I’m opposed to mail in register or mail in balloting.”

And as Erik Gunn reports, Wisconsin U.S. Rep. Bryan Steil’s Make Elections Great Again Act would restrict absentee voting, along with adding new layers of citizen verification steps while threatening to defund elections administrators who fail to comply with the bill’s onerous requirements.

“They’re going to do everything they can to try to make it harder to vote absentee by mail, to make it harder to vote absentee in person,” Poland says, adding, “They’re going to try to do it so they can put ICE agents around polling places and just try to intimidate people, to keep them away.”

So what can be done?

Voter intimidation is a crime, and specific instances can be addressed through lawsuits, Poland says. Still, he acknowledges (and Law Forward has argued in court) that once someone is deprived of the right to cast a ballot, there’s no remedy that can adequately compensate for that loss. That’s why it was so appalling when the city of Madison asserted that absentee voting is a “privilege” in response to a lawsuit brought by Poland’s organization over 200 lost ballots in the 2024 election.

Of course, in addition to worries about possible violations of individuals’ right to vote, there’s the fear that Trump could manage to subvert elections through heavy-handed tactics like the recent FBI raid to seize 2020 ballots from Fulton County. Both Vaudreuil and Poland think judges would step in to prevent such a seizure in the middle of an election, before the ballots were counted.

Meanwhile, in Wisconsin, absentee voting remains legal and many municipalities are using secure ballot drop boxes. We need to keep on making use of our right (not our privilege) to vote, using all the tools we have in place.

As for the intimidating effect of armed ICE agents at polling places, local officials and perhaps local law enforcement could have a role in protecting the polls and reassuring voters it’s safe to cast their ballots. Neighbors who have been organizing to warn people of ICE raids, bring food to immigrants who are afraid to leave their homes, and form a protective shield around schools could become self-appointed polling place protectors.

If we are going to defend the core tenets of our democracy against an administration that has demonstrated over and over again its contempt for the Constitution and the rule of law, it’s going to take massive public resistance and a flat refusal to give up our rights.

“What is it that will make them stand down from what they’re doing to break the law?” asks Poland. “I think the people of Minnesota have answered that for us better than anybody else can, which is that you have to stand up, you have to exercise your rights, First Amendment rights, the right to vote.”

Exercising our rights is the only way to make sure they are not taken away. Courage and collective action are the best protection we’ve got.

GET THE MORNING HEADLINES.

SUBSCRIBE

To help you decide who to cast your ballot for, WPR is making an interactive guide to the candidates. 

The post Do you have questions for the 2026 Wisconsin Supreme Court candidates? appeared first on WPR.

Eau Claire Democrat Rebecca Cooke has outraised Republican Congressman Derrick Van Orden for the first time in Wisconsin's hotly contested 3rd Congressional District race.

The post Democratic challenger Rebecca Cooke outraises US Rep. Derrick Van Orden appeared first on WPR.

Reading Time: 3 minutes

A misleading claim that Wisconsin has more registered voters than people eligible to vote is gaining traction on social media, including in posts shared this week by President Donald Trump. 

It’s just the latest in a long-running series of claims that misinterpret basic data about voter rolls to create alarm about the risk of voter fraud.

The posts circulating this week cite a video asserting that Wisconsin’s voter rolls contain more than 7 million names — far more than the state’s voting age population — and are overlaid with text reading, “This Is Not a Glitch — This Is Election Fraud Waiting To Happen.”

The video features Peter Bernegger, an entrepreneur who has been convicted of mail fraud and bank fraud. Bernegger has repeatedly promoted false theories about the 2020 election in Wisconsin legislative hearings and repeatedly filed unsuccessful lawsuits against election officials in search of proof for his claims. 

But his claim conflates two datasets in Wisconsin’s voter registration system: the Wisconsin voter list and active registered voters. 

As of July 2025, the state had about 8.3 million names on its list — in line with the number Bernegger cites. But of them, only 3.7 million were active registered voters. The remaining roughly 4.6 million are inactive voters. Inactive records include people who previously registered to vote but later moved out of state, died, lost eligibility because of a felony conviction, or were ruled incompetent to vote by a court. Those individuals haven’t been removed from the voter list, but because of their inactive status, they cannot vote unless they re-register, which requires proof of residency and a photo ID.

Bernegger claims in his video that the list of voters generally grows every day, going down only once every four years, when voters who haven’t cast a ballot in four years are sent postcards asking whether they want to remain registered and then removed from the active list if they don’t respond.

Part of that claim is true: Wisconsin never deletes voter records, so the total database of active and inactive registrations only grows. But the active voter roll, which includes only voters currently eligible to cast a ballot, can shrink. 

By email, Bernegger disputed Votebeat’s characterization of his claims but provided no further proof for them.

The confusion stems from a common misunderstanding about Wisconsin’s voter system, Wisconsin Elections Commission Chair Ann Jacobs, a Democrat, told Votebeat. The pollbooks used to check voters’ eligibility on Election Day contain only active voters, while the broader voter database also retains inactive records. 

The inactive records also detail why a voter was deactivated. Wisconsin state law allows for several reasons for a voter’s registration status to be changed from eligible to ineligible, but there’s no state law calling for the destruction of voter registration records, not even for a voter who has died.

And Jacobs said there’s a good reason for that: Keeping these inactive records indefinitely helps prevent fraud: If somebody tries to register using the identity of a dead voter, for example, clerks can flag that application because the prior record — including the reason it was deactivated — is still on file. 

“It’s actually pro-list-hygiene to have access to that information immediately,” she said.

Interstate databases also play a role in maintaining accurate voter rolls. One such organization, the Electronic Registration Information Center, has helped states including Wisconsin identify hundreds of thousands of voters each year who have moved across state lines and tens of thousands of voters who died. But the system has gaps. Some Republican-led states have left the program, leaving just 25 states and Washington, D.C., participating.

Experts say voter fraud is extremely rare, but Republicans have long argued that dirty voter rolls could enable fraud and reduce confidence. 

Similar misleading claims about voter rolls have circulated in other states, including Michigan, amplified by right-wing figures such as Elon Musk.

Democrats and many election officials typically support regular voter roll maintenance but warn that aggressive cleanup efforts may risk disenfranchising lawful, active voters. 

Wisconsin’s own data shows how infrequently fraud occurs. In its latest report, which covers five elections, the WEC identified just 18 potential instances of fraud. One relates to a voter seeking to vote in two states. Most involved voting after a felony conviction or double-voting by casting an absentee and in-person vote in the same election.

Correction: This story was updated to reflect the number of names on the state’s voter list was 8.3 million.

Alexander Shur is a reporter for Votebeat based in Wisconsin. Contact Shur at ashur@votebeat.org.

This coverage is made possible through Votebeat, a nonpartisan news organization covering local election administration and voting access. Sign up for Votebeat Wisconsin’s free newsletter here.

No, Mr. President. Wisconsin’s voter roll figures aren’t a sign of ‘fraud waiting to happen’ is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.

The Democratic primary for Wisconsin governor is shaping up to be crowded. That's in stark contrast to the GOP side, where Republicans have coalesced around a single candidate.

The post In governor’s race, GOP coalesces around Tiffany while Democrats navigate crowded field appeared first on WPR.

Washington County Executive Josh Schoemann speaks at the first candidate forum of the campaign cycle. He said “affordability” is the greatest threat and expressed concerns about young people and retirees leaving the state to live elsewhere. (Photo by Baylor Spears/Wisconsin Examiner)

Washington County Executive Josh Schoemann announced Wednesday afternoon that he is ending his campaign for governor. The announcement comes after President Donald Trump endorsed Schoemann’s rival, U.S. Rep. Tom Tiffany Tuesday. 

Schoemann, who launched his campaign about nine months ago, congratulated Tiffany on the endorsement.

“I wish Tom great success in November,” Schoemann said in a statement. “If we focus on the people of Wisconsin rather than fighting with one another, we can make Wisconsin the place to be, not just be from.”

Tiffany, who has represented Wisconsin’s 7th Congressional District since 2020, has been considered the frontrunner in the GOP primary race since he entered in September 2025. In recent campaign finance reports, Tiffany outraised Schoemann by nearly $1.5 million.

Schoemann’s exit from the race clears the way for Tiffany to go on to be the Republican nominee in the general election in November. His is the second dropout from the GOP primary. Businessman Bill Berrien dropped out last year shortly after Tiffany joined the race.

Trump announced his endorsement of Tiffany in a Truth Social post on Tuesday evening, saying he has “always been at my side.” Tiffany told WISN-12 that he learned about the endorsement at a dinner and spoke to Schoemann on Wednesday.

“I think the primary is probably behind us,” Tiffany said.

Tiffany said in a statement that he appreciates Schoemann’s words.

“We are both committed to making Wisconsin the place to be,” Tiffany said. “As governor, I will ensure seniors, young families, and the next generation can afford to stay here by lowering property taxes and utility rates, cutting red tape to reduce housing costs and delivering honest government and strong schools for every Wisconsinite.” 

The primary is scheduled for Aug 11. The Democratic primary field remains crowded and includes Lt. Gov. Sara Rodriguez, former Lt. Gov. Mandela Barnes, Milwaukee Co. Executive David Crowley, state Sen. Kelda Roys, state Rep. Francesca Hong, former Wisconsin Economic Development Corp. CEO Missy Hughes, former Department of Administration Sec. Joel Brennan. 

The winner of the Democratic primary will likely face Tiffany on Nov. 3.

GET THE MORNING HEADLINES.

SUBSCRIBE

The endorsement gives another boost to Tiffany’s primary campaign, though he was already considered the frontrunner. Tiffany at a press conference in October 2025. (Photo by Baylor Spears/Wisconsin Examiner)

President Donald Trump endorsed U.S. Rep. Tom Tiffany for Wisconsin governor Tuesday evening, saying that the 7th Congressional District representative has “always been at my side.”

The endorsement gives another boost to Tiffany’s primary campaign, though he was already considered the frontrunner over Washington Co. Executive Josh Schoemann, who was the first candidate to join the open race. 

“A very successful Businessman, Family Farmer, and State Legislator, prior to becoming a distinguished United States Congressman, Tom is a Proven Leader who has dedicated his life to serving his Community,” Trump said in his Truth Social post. 

Trump said in his Truth Social post endorsing Tiffany that Wisconsin is a “very special place to me in that we had a BIG Presidential Election Win just over one year ago” and noted he had previously endorsed Tiffany in his campaign for Congress. Trump won Wisconsin over former Vice President Kamala Harris by a little over 29,000 votes in 2024. It was the second time a Republican had carried the state since 1984; the first time was Trump’s 2016 win in Wisconsin.

“As your next Governor, Tom will continue to work tirelessly to Grow the Economy, Cut Taxes and Regulations, Promote MADE IN THE U.S.A., Champion American Energy DOMINANCE, Keep our Border SECURE, Stop Migrant Crime, Ensure LAW AND ORDER, Strengthen our Brave Military/Veterans, Advance Election Integrity, Advocate for the Working Men and Women of Wisconsin, and Protect our always under siege Second Amendment. He will fight to advance Common Sense Values, and put WISCONSIN, AND AMERICA, FIRST,” Trump said.

Tiffany, who has represented Wisconsin’s 7th CD since 2020, said he was honored to earn Trump’s endorsement. 

“Just one year into his second term, wages are rising, gas prices are down, our economy is growing, and our border is secure,” Tiffany said in a statement.

“For seven years, Democrat leadership has pushed our state in the wrong direction. As governor, I will make Wisconsin great again by lowering utility rates and property taxes, cutting burdensome red tape, rooting out waste and fraud, and restoring common-sense leadership to Madison.”

Earlier this week at a press conference, Tiffany highlighted his plan to eliminate the 400-year veto issued by Evers which extended a two-year increase in school districts’ authority to raise  school revenues for the next four centuries. He also said he would freeze property taxes should he become governor. Tiffany’s announcement was overshadowed by remarks he made about the recent shooting of Alex Pretti, an ICU nurse from Green Bay,  by federal Border Patrol agents in Minneapolis. 

Tiffany said at the press conference that he hadn’t seen the video of the Pretti shooting. He followed up the next day with a social media post saying he would work with local, state and federal law enforcement to “remove criminal illegal aliens” and that Minnesota leaders should do the same.

“Cooperation is how you avoid tragic consequences. Deporting illegal aliens is how you make America safer. And waiting for the facts is how you avoid escalating the situation,” Tiffany said.

Bystander footage of the Pretti shooting shows him being pinned down by federal agents before being shot in the back and does not support Trump administration claims that he tried to assault or impede the agents.

The Democratic Party of Wisconsin Chair Devin Remiker issued a statement that tied Tiffany to a number of the actions taken under the Trump administration. 

“We agree with Donald Trump — Tom Tiffany has been by his side for all of it: ICE murdering Americans in the streets, the Big Ugly Bill, ending funding for the Affordable Care Act, invading Greenland, and raising everyday costs. Donald Trump just made Tom Tiffany the general election nominee, and we will stop him from bringing his chaotic and dangerous agenda in November,” Remiker said.

Tiffany has often aligned himself with the Trump administration throughout his time in office including as one of two Wisconsin members of Congress who voted against certifying the 2020 presidential election results in two states. Prior to his time in Congress, Tiffany served in the Wisconsin Assembly and Senate. 

Trump has previously been involved in primaries in Wisconsin and carried significant influence.

During the 2022 Republican governor’s primary, Trump endorsed businessman Tim Michels over former Lt. Gov. Rebecca Kleefisch, who at the time was considered the frontrunner in the race. Michels went on to win that primary with 47% of the vote. Michels lost in the general election to Gov. Tony Evers by 3.5 percentage points. 

In 2024, Trump endorsed businessman U.S. Rep. Tony Wied, who won in a three-way primary that year and now represents Wisconsin’s 8th Congressional District.

The Schoemann campaign has not responded to a request for comment from the Wisconsin Examiner. 

The winner of the Aug. 11 Republican primary will face the winner of the Democratic primary on Nov. 3 this year. Several Democratic primary candidates issued reactions to Trump’s endorsement of Tiffany. 

Lt. Gov. Sara Rodriguez said that “Wisconsinites know what ‘Trump–Tiffany leadership’ actually looks like. Higher health care costs. Cuts to Medicaid. Families squeezed by rent, groceries, and utility bills. Chaos and fear instead of safety. Those are their priorities. And we’re all paying the price.” 

Former Lt. Gov. Mandela Barnes said Trump endorsed Tiffany because “he’s been a rubber stamp for his agenda in Washington, giving tax cuts to the wealthiest while making life harder for families and farmers here at home.” 

“It’s time to reject Trump’s chaos and Tiffany’s Washington Way and get things done the Wisconsin Way. That’s what I’ll do as Governor,” Barnes said. 

Former Wisconsin Economic Development Corp. CEO Missy Hughes said that “Wisconsin needs a leader, not a sidekick.” 

Milwaukee Co. Exec. David Crowley sarcastically congratulated Tiffany, saying he “would be a great addition to Trump’s Board of Peace.” He posted an edited photo of Trump with notorious fictional villains Voldemort, Darth Vader and the Joker as well as President of Russia Vladimir Putin. 

Other candidates in the Democratic primary include state Rep. Francesca Hong (D-Madison), state Sen. Kelda Roys (D-Madison) and former Department of Administration Sec. Joel Brennan.

GET THE MORNING HEADLINES.

SUBSCRIBE

President Donald Trump has endorsed U.S. Rep. Tom Tiffany, R-Minocqua, in his bid to be the next governor of Wisconsin.

The post President Trump endorses Tom Tiffany for Wisconsin governor appeared first on WPR.

Gov. Tony Evers is blasting the City of Madison for arguing in a lawsuit that absentee voting is a "privilege" and not a "right."

The post Gov. Tony Evers blasts Madison’s defense in lawsuit over uncounted absentee ballots appeared first on WPR.

Reading Time: 4 minutes

Wisconsin Gov. Tony Evers criticized an argument by Madison and its former city clerk that they shouldn’t be held liable for losing 193 absentee ballots because absentee voting is a “privilege,” writing in a court filing that accepting such an argument would “lead to absurd results.”

The argument is key to the city’s defense against a lawsuit that seeks monetary damages on behalf of the 193 Madison residents whose votes in the November 2024 election weren’t counted. It was first presented by the former clerk, Maribeth Witzel-Behl, citing a provision of state law, and then adopted by the city.

If courts accept the argument that absentee voting is a privilege and not a right, the Democratic governor said in a friend-of-the-court brief, election officials would be free to treat absentee ballots in ways that diminish people’s right to vote. For example, he wrote, they would be under no obligation to send voters replacement ballots if ballots they left in a drop box were damaged, and clerks could effectively disqualify ballots from politically disfavored precincts by intentionally not signing their initials on the ballot envelopes.  

Experts say that for a governor to intervene in such a local matter is rare and underscores how seriously Evers views the potential implications. In an earlier communication with the court, the governor said the argument from the city and Witzel-Behl “ignores longstanding state constitutional protections.”

Barry Burden, a political science professor at UW-Madison, said Democrats are likely conflicted by the case, seeking to prevent election administration failures like those in Madison while also resisting arguments that could weaken protections for absentee voting in Wisconsin.

“They’re in a weird place to be criticizing absentee balloting in Madison, one of the most Democratic cities in the state,” he said, adding that he thinks the governor “is speaking for the Democratic Party in getting involved in this case” to convey that it is an “isolated incident” and that the party does not share the position that “absentee voting should be treated any differently in terms of the protections that are given to voters than people who vote in person.’”

In his filing Friday, the governor noted that about 45% of ballots in the 2024 presidential election were absentee.

“The constitutional right to vote,” Evers wrote, “would mean little if close to half of all voters in Wisconsin were deprived of it because they chose to legally cast an absentee ballot.”

Witzel-Behl, former clerk, stands by the ‘privilege’ defense

The lawsuit against Madison officials is a novel type of case in seeking monetary damages over the loss of voting rights. Liberal law firm Law Forward filed the case against the city and the clerk’s office, along with Witzel-Behl and Deputy Clerk Jim Verbick in their personal capacities, alleging that through a series of errors that  led to 193 absentee ballots getting lost in the November 2024 election, election workers disenfranchised the voters and violated their constitutional rights.

As part of their defense, attorneys for Witzel-Behl argued in a court filing that by choosing to vote absentee, the 193 voters “exercised a privilege rather than a constitutional right,” and that she therefore couldn’t be held financially liable for the lost ballots. Madison later joined that argument.

Law Forward rejected the argument in a response filed in late December, calling it a “shocking proposition.”

Attorneys for the city and the former clerk submitted their own briefs last week.

Attorneys for Witzel-Behl reiterated their argument that absentee voting is a privilege and not a constitutional right, adding that “an error in the handling or delivery of an absentee ballot is not the constitutional equivalent of barring the door to the voting booth.”

While absentee ballots should normally be counted, they argued, not counting them because of an unintentional error isn’t a constitutional violation for which they should be financially liable.

Rather than following court precedent, they said, the plaintiffs seek to create a “new, foundationless doctrine allowing monetary damages for the mishandling of an absentee ballot.”

Other defendants zero in on novel monetary claim

In a separate brief, Verbick, the deputy clerk, said he “does not, of course, dispute that Plaintiffs have a right to vote” but rather alleges that there’s no path for the plaintiffs to seek monetary damages for the city’s error.

The city, in another brief, similarly said that no court case cited by Law Forward allows plaintiffs to seek damages for ballots that are unintentionally mishandled. 

Allowing such claims, outside attorneys for the city warned, would push courts into “dangerous, untested waters.” 

“As other courts have cautioned,” they said, “exposing local election officials to financial liability for unintentional disenfranchisement would thrust courts into the minutia of any given election, a role for which courts are unsuited.”

In a separate statement, the city said it believes that all forms of voting, including absentee voting, should be “encouraged, promoted and protected.” But it argued against attaching a dollar amount to a mishandled vote.

Doing so, it said, “would end up regularly costing cities, towns and municipalities hundreds, thousands — or in this case millions — of dollars that could otherwise be spent improving voter access and elections processes.”  

Absentee voting has changed substantially since law’s enactment

The law cited by Witzel-Behl’s attorneys labeling absentee voting a privilege — one that may require more regulation than in-person voting — dates back to 1985. It was enacted after judges in a series of Wisconsin court cases called for more liberal interpretation of absentee voting rules. While it has previously been used to invalidate absentee ballots on which voters did not follow procedure, it has so far not been used in support of a locality failing to properly count votes.

“Absentee voting has changed so radically in the 40 years since the law was written,” Burden said. “It was used by a very small number of voters, it was more difficult to use, there were more witness requirements at the time, and clerks were not really as amenable to absentee voting as they are today.”

Today, absentee voting is an expected and routine part of elections.

“So to treat it as kind of a special class with different rules or rights, maybe in the 1980s that  made more sense,” Burden said. “But now it’s as important as any other kind of voting and so it seems more peculiar, I think, to treat it in some different way.”

Alexander Shur is a reporter for Votebeat based in Wisconsin. Contact Shur at ashur@votebeat.org.

Votebeat is a nonprofit news organization reporting on voting access and election administration across the U.S. Sign up for Votebeat Wisconsin’s free newsletter here.

Wisconsin Gov. Tony Evers disputes Madison’s argument that absentee voting is a privilege is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.

Tom Tiffany said the blame lays at the feet of Democratic leaders, including Minnesota Gov. Tim Walz, who don’t cooperate with immigration enforcement efforts.

The post US Rep. Tom Tiffany, GOP candidate for governor, blames Democrats for Minnesota shooting appeared first on WPR.

Seven Democratic candidates for Wisconsin governor gathered for a forum in Milwaukee Wednesday evening, the first major event in what is expected to be a heated primary race. 

The post Democratic candidates for Wisconsin governor look to stand out at first major forum appeared first on WPR.

Wisconsin Republicans have added two proposed constitutional amendments to November's midterm ballot with a third amendment well on the way.

The post Wisconsin Republicans add proposed amendments to November ballot on DEI, public health orders appeared first on WPR.

President Donald Trump waved and pointed to the crowd as he exited the stage following his remarks at the Iowa State Fairgrounds July 3, 2025 at an event kicking off a yearlong celebration leading up to America’s 250th anniversary. (Photo by Robin Opsahl/Iowa Capital Dispatch)

WASHINGTON — President Donald Trump is scheduled to travel to Iowa on Jan. 27 to deliver a speech focused on the economy and energy, White House Chief of Staff Susie Wiles told reporters Wednesday. 

The president is expected to begin weekly travel ahead of the midterm elections — in which the GOP is aiming to improve its razor-thin majority in the U.S. House and maintain its lead in the U.S. Senate. 

The anticipated travel will also come as Trump seeks to boost his affordability policy blitz and as the cost of living marks a focal point of the midterm elections. On Tuesday, stocks plunged after Trump doubled down on threats to acquire Greenland and pledged tariffs on eight European countries that opposed his plans. 

While traveling to Davos, Switzerland, with Trump for the World Economic Forum, Wiles told the traveling press that officials in Trump’s Cabinet would also be increasing their domestic travel. 

The timing and location of the Iowa event have yet to be announced. Trump last visited the Hawkeye State in July 2025, which marked the beginning of a yearlong celebration heading into the 250th anniversary of the country. 

Meanwhile, Vice President JD Vance is slated to be in Minneapolis, Minnesota, on Thursday for a roundtable with local leaders and community members, according to his office Wednesday. 

The vice president will also give remarks centered on “restoring law and order in Minnesota.”

 Thousands of Minnesotans have been protesting the Immigration and Customs Enforcement presence there following the Jan. 7 fatal shooting of 37-year-old Renee Good by a federal agent.

Vance is also set to make a visit to an industrial shipping facility, in Toledo, Ohio, on Thursday, according to his office. 

Vance is set to deliver remarks there focused on the administration’s “commitment to lower prices, bigger paychecks, and creating more good-paying jobs in Ohio and across the Midwest,” per his office.