Judge Brad Schimel of the Waukesha County Circuit Court and a former Republican Attorney General have formalized an injunction in the state of Wisconsin, formalizing “substantially the same terms” as one he granted in October 2022. According to Schimel’s ruling, voters in the battleground state are not legally allowed to request a fresh ballot by canceling an already-cast absentee ballot they put in by mail.
The Daily Caller revealed that Schimel decided in favor of Restoring Integrity and Trust in Elections in a landmark court case. The organization claimed that the Wisconsin Elections Commission had legalized “ballot spoiling” and had launched a lawsuit on behalf of Wisconsin voter Nancy Koranic. The Democratic National Committee and the extreme left movement group “Rise” opposed the lawsuit.
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Schimel’s judgment indicates that “The court finds that the statutes governing the absentee voting process are generally unambiguous,” adding that the law “says very clearly that, with two enumerated exceptions, ‘the municipal clerk shall not return the ballot to the elector.’” To put it simply, the exceptions are made if the certificate is incorrectly filled or if the ballot is ruined or destroyed. In both situations, there is a warning that they may “as long as time permits the elector to remedy the problem and return it to the clerk before election day.”
Judge Schimel stated unequivocally,
“No authority for the clerk to return the ballot or spoil it for the voter is anywhere in the statutes, and such activities put the elector’s vote at risk of not being included in the count.”
He continued, saying there is nothing in Wisconsin law that “that would authorize the scheme whereby a clerk spoils the ballot for the elector, at their request and sends out a new blank ballot for a do-over.”
This most recent decision gave even another setback to the already weakened electoral system that helped Democrat Joe Biden win the presidency in 2020. A major legal setback occurred when the state Supreme Court ruled in July that the usage of ballot drop boxes was unlawful.
Judge Schimel came to the conclusion that in order to guarantee that votes are tallied, the legislature’s approved legislation must be closely examined since they are extremely severe by design. “That is arguably a harsh rule, because it could result in a voter not having their vote counted, and it might not be the fault of the voter that the procedures were not followed,” Schimel wrote. “The point: WEC and all election clerks had better get it right, or voters will be disenfranchised. This court had better get it right, too.”
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Given that former President Donald Trump is just one point ahead of President Biden in a recent poll, Wisconsin’s ten electoral college votes might significantly impact the outcome of the 2024 presidential contest.
