Law Forward sues City of Madison for not counting…

Law Forward, a nonprofit organization dedicated to upholding democracy, has taken legal action against the City of Madison in response to the failure to count 193 ballots in the November 2024 election. The class-action lawsuit aims to seek damages on behalf of voters who were denied their fundamental right to participate in the democratic process.

The lawsuit alleges that city officials neglected their duty to accurately tally absentee ballots despite ample opportunities to address the error before the final vote counts were certified. The suit was filed after Law Forward put the City of Madison on notice in March, as required by Wisconsin law before initiating legal action against municipalities.

Scott Thompson, Staff Counsel at Law Forward, emphasized the importance of ensuring that every vote is counted, highlighting that the denied voters deserved better treatment. “In Wisconsin, we cherish the value of the right to vote, and there will be repercussions when that right is infringed upon,” Thompson stated.

The uncounted 193 ballots were found in sealed courier bags after Election Day, offering a window of opportunity to include them in the state’s official vote count. The missing ballots from Ward 65 were identified on November 12, 2024, and ballots from Ward 56 on November 27, 2024, both before the state canvass on November 29. However, no action was taken by the City to rectify the oversight.

Investigations conducted by the City of Madison and the Wisconsin Elections Commission affirmed that city officials failed in their duties. The WEC’s report described the outcome as “unconscionable” due to the City’s negligent actions, resulting in almost 200 lawful votes being uncounted.

Kacy Gurewitz, Staff Counsel at Law Forward, expressed disappointment in the City’s failure to address the issue promptly. Gurewitz pointed out that voters had diligently participated in the election process, but their efforts were not met with the appropriate level of responsibility from the City of Madison.

The lawsuit aims to represent the 193 individuals whose ballots were disregarded and seeks compensatory and punitive damages for the disenfranchised voters. This legal action forms part of Law Forward’s ongoing commitment to safeguarding voting rights in Wisconsin, having previously challenged voter roll purges, defended absentee voting procedures, and opposed restrictions on ballot access.

Law Forward has partnered with Holwell, Shuster & Goldberg LLP, a New York-based firm specializing in class-action lawsuits, to pursue justice in this case. The lawsuit seeks to hold the City of Madison accountable for its failure to uphold the sanctity of the democratic process and ensure that voters’ voices are heard.