Four voters in Wisconsin are taking legal action after their ballots were not counted in the recent presidential election. They have filed a class-action lawsuit seeking $175,000 each in damages. These voters were part of a group of 193 in Madison whose ballots were misplaced by the city clerk. The issue was not discovered until weeks after the election, but it did not change the outcome of any races.
The Wisconsin Elections Commission looked into the matter but did not conclude whether the Madison Clerk, Maribeth Witzel-Behl, broke any laws or misused her authority. Notably, she informed the elections commission about the issue only in December, well after the election results were certified on November 29.
Attorney Jeff Mandell, representing the voters, stated that the lawsuit aims to strengthen voting rights in Wisconsin. He emphasized the importance of counting every vote and how failing to do so undermines democracy. The plaintiffs are seeking more than the $50,000 limit typically allowed in class-action lawsuits against municipalities, arguing that this cap is unconstitutional.
The number of voters who could join the lawsuit may increase, as all affected voters were named in the notice made public. Madison officials have stated that they take election integrity seriously. City spokesperson Dylan Brogan mentioned that the clerk’s office has apologized for the mistake and is implementing measures to prevent future errors.
The state elections commission is set to review its findings regarding the uncounted ballots. According to their summary, the clerk did not clarify how the ballots went unnoticed on Election Day or how they became misplaced. Additionally, there was no indication that she consulted with chief inspectors in the affected areas to understand what went wrong, making it hard to establish guidelines for future elections.