Law firm plans to sue over uncounted Madison absentee ballots
A class action lawsuit is set to be filed by a law firm on behalf of Madison voters who had their absentee ballots left uncounted in the 2024 Presidential Election, as announced by nonprofit law firm Law Forward on Thursday. The City of Madison Clerk’s Office confirmed that 193 ballots were mishandled during the election process in late December 2024.
The discrepancies in vote processing were discovered during the reconciliation of Ward 65 by Clerk’s Office staff. They found two separate sets of uncounted ballots: one set contained 125 ballots within sealed carrier envelopes, and the other set comprised 68 unprocessed ballots found in a sealed courier bag, including votes from both Ward 65 and Ward 68. The mishandling of these ballots raised concerns regarding the election process and compliance with state regulations.
In response to the situation, the Wisconsin Elections Commission initiated an investigation in January to determine if Madison City Clerk Maribeth Witzel-Behl had failed to uphold state laws or misused her authority. Despite the uncounted ballots not impacting the election results, city officials emphasized the importance of ensuring a fair election process for all voters.
Law Forward highlighted the significance of counting every vote cast by eligible voters, emphasizing the fundamental right to participate in elections without obstacles. The law firm’s staff counsel Scott Thompson stated that their clients were disenfranchised unfairly, and emphasized the necessity of protecting voting rights in a court of law.
Many of the uncounted ballots belonged to University of Wisconsin-Madison students, some of whom were participating in their first election. In light of this, Law Forward has initiated legal proceedings seeking damages totaling $175,000 on behalf of affected voters. This amount surpasses the usual $50,000 statutory cap for claims against municipalities, underscoring the significance of the issue at hand.
The City of Madison acknowledged the mishandling of the absentee ballots and expressed regret for the oversight. City spokesperson Dylan Brogan emphasized the city’s commitment to election integrity and outlined steps taken by the Clerk’s Office to prevent similar incidents in future elections. An internal review is currently underway, and the city remains open to guidance from the Wisconsin Elections Commission on further actions to enhance accountability in the election process.
