Legal group Law Forward to file class action lawsuit over uncounted ballots in Madison

Law Forward has officially notified Madison and Dane County of its intention to pursue a class action lawsuit seeking compensation for the 193 absentee ballots that were left uncounted in the November 2024 election results by the city.

The progressive law firm, representing four of the affected voters, intends to seek $175,000 for each impacted individual, surpassing the current state law cap of $50,000, which they plan to challenge in court. The attorney leading the charge, Scott Thompson, emphasized that the city’s failure to include these ballots is a direct violation of the fundamental right to vote.

He remarked, “We believe this legal action serves as a warning to anyone contemplating such actions in Wisconsin, as there will be consequences to face.”

The notices of claim filed with the city and county mark the initial stages of what could develop into a more extensive class action lawsuit, enabling all 193 voters to participate if the case progresses. Despite the city’s belated disclosure of the uncounted ballots in November and December, immediate notification was not issued to state authorities, prompting an inquiry into the matter by the Elections Commission, probing potential negligence or misconduct on the part of the city clerk, the late Maribeth Witzel-Behl.

Madison spokesperson Dylan Brogan refrained from commenting on the impending suit directly, instead highlighting the city’s initiatives to avoid a recurrence of such oversights. He cited the office’s public apology and outreach to the affected voters, underscoring the city’s unwavering commitment to preserving the integrity of the electoral process.

The Elections Commission is set to convene to review a staff report outlining safeguards that could have prevented the exclusion of the absentee ballots from the final tally, presenting an opportunity to address systemic flaws in the electoral system.

The legal action aims to address the extensive repercussions endured by the disenfranchised voters, seeking damages for “dignitary harm, suffering, the deprivation of their right to vote, punitive damages, and such relief deemed suitable by a jury.” The proposed lawsuit spearheaded by Law Forward stands as a pivotal assertion of accountability and justice in safeguarding the democratic principles of fair and transparent elections.