In Madison, Wisconsin, a federal judge has dismissed a lawsuit contesting the state’s requirement for witness signatures on absentee ballots, a decision that retains the existing law as the presidential election approaches, intensifying focus on the battleground state’s electoral processes.
U.S. District Court Judge James Peterson ruled on Thursday that the longstanding law, which has been in place since the 1960s, will remain unchanged. Judge Peterson highlighted that the witness requirement is “one reasonable way for the state to try to deter abuses such as fraud and undue influence in a setting where election officials cannot monitor the preparation of a ballot.”
The lawsuit, brought forth by the Elias Law Group on behalf of four Wisconsin voters, argued that the witness requirement violates the federal Voting Rights Act and the Civil Rights Act, claiming it creates undue hardship for voters who have difficulty securing a witness due to health risks, age, or frequent overseas travel.
Under state law, election clerks are mandated to reject absentee ballots that lack a witness’ address or signature. Furthermore, a 2022 judicial ruling prohibited election officials from correcting or filling in missing information on witness certifications, a practice known as ballot curing.
Despite these arguments, Judge Peterson stated that the plaintiffs failed to demonstrate that the federal Voting Rights Act or the Civil Rights Act prohibits such state requirements for absentee voting. “Neither side cites any evidence regarding the effectiveness of the witness requirement in preventing abuses or the number of citizens who cannot vote because of the requirement,” he noted. “But regardless of how effective or burdensome the requirement is, the federal laws at issue in this case simply do not apply to it.”
This ruling is particularly significant given Wisconsin’s status as a key swing state, where four of the past six presidential elections have been decided by less than one percentage point.
The controversy surrounding Wisconsin’s voting regulations continues as the state Supreme Court is set to hear oral arguments in another pivotal case related to absentee ballots. This upcoming case challenges a 2022 ruling that restricted absentee ballot drop boxes to locations inside election clerks’ offices only.
Additionally, a January decision by a Dane County judge, which allowed election clerks to accept absentee ballots with minor errors such as incomplete witness addresses, has been appealed, indicating ongoing legal disputes over voting procedures in the state.
