In Madison, Wisconsin, four voters whose ballots were left uncounted during the last presidential election have taken legal action, filing a class-action lawsuit on Thursday seeking $175,000 each in damages. Their ballots were part of a larger group of 193 misplaced by the city clerk and only found weeks post-election.
Though the uncounted ballots did not alter the outcome of any electoral races, the incident has prompted significant scrutiny. The Wisconsin Elections Commission conducted an investigation but could not conclusively determine if Madison Clerk Maribeth Witzel-Behl breached state laws or misused her authority. Notably, Witzel-Behl delayed notifying the commission about the issue until December, long after the election results were certified on November 29.
Attorney Jeff Mandell, representing Law Forward, explained that the lawsuit aims to bolster voting rights in Wisconsin. During a press briefing, Mandell highlighted that when citizens’ votes go uncounted, it undermines the democratic process. The legal action spearheaded by Mandell targets the city of Madison and Dane County, with claims exceeding the usual $50,000 cap for class-action lawsuits against municipalities— a cap the lawsuit argues is unconstitutional.
There is potential for more affected voters to join the lawsuit, as all who were denied their vote’s impact are identified in the notice released Thursday. In response to the lawsuit, Madison’s spokesperson, Dylan Brogan, emphasized the city’s commitment to election integrity. Brogan noted that the clerk’s office issued apologies both publicly and individually, assuring that corrective measures have been enacted to prevent future occurrences. He opted not to comment further on the lawsuit details.
Meanwhile, the Wisconsin Elections Commission plans to discuss its investigative findings on Friday. These findings detail inadequacies such as the lack of clarity regarding the mishandling of ballots at polling locations and the absence of communication efforts from the clerk towards chief inspectors in affected wards. Such details are crucial, investigators argue, to establish preventive measures across the state for future elections.
