Ten months after 193 ballots were discarded, a class action lawsuit has been filed seeking $34 million in damages to remedy a situation that has made headlines and called the integrity of Wisconsin elections into question.
The lawsuit, which lists the City of Madison, its clerk’s office, Deputy City Clerk Jim Verbick and former Clerk Maribeth Witzel-Behl as defendants, threatens to add to the controversy after the city’s clerk resigned earlier this year in connection with the matter.
The lawsuit was brought by Progressive firm law Forward, with the organization saying that consequences must derive from denying citizens their right to vote.
“Making sure every vote is counted is at the heart of our democracy—these voters deserved better,” Law Forward staff counsel Scott Thompson said. “In Wisconsin, we value the right to vote, and there will be consequences when that right is denied.”
While the lawsuit has brought some hope of a remedy for those wronged, some say it is unlikely to succeed. (RELATED: Charlotte Judge Faces Heat After Freeing Killer Who Murdered Refugee)
In this particular case, the plaintiffs may have additional firepower from the Wisconsin Elections Commission that voted 5-1 in support of the claim that the Madison clerk violated election laws.
Ann Jacobs, the Democratic Chairman of the Commission called the incident a “rather shocking dereliction of just ordinary responsibility.” (RELATED: Rep. Tom Tiffany Hints Towards Possible Governors Run in 2026)
The decision by the Wisconsin Election Commission and the pending lawsuit may cast further doubt on the security of absentee ballots, as the 193 ballots that were not counted were contained in two bags of absentee ballots that likely never made it to poll sites.
A spokesperson for the Madison Clerk’s Office said that the city is focused on ‘improving its operations’ to restore trust after the debacle. (RELATED: GOP Figures Warn: Institutions Turning Blind Eye to Attacks on Conservatives)
“The Clerk’s Office continues to identify new ways to improve its operations and is committed to setting the standard statewide for election transparency and accuracy. We are preparing for 2026 elections and looking forward to continuing to rebuild trust with voters.”
