MADISON — One day before the Wisconsin Elections Commission is expected to discuss taking further action regarding 193 uncounted absentee ballots from the City of Madison in the 2024 election, a law firm has filed a class action lawsuit against the city and Dane County over the matter.
Law Forward says their suit filed Thursday against the city is being conducted “on behalf of absentee voters in the City of Madison who were denied the right to vote in the 2024 presidential election.” The firm says service of claims notices were presented to the City of Madison and Dane County.
“Every vote counts, and every vote must be counted. But our clients were disenfranchised through no fault of their own,” said Scott Thompson, Staff Counsel, Law Forward. Our message today is clear: the right to vote must be protected. And when it is not, we’ll see you in court.”
The notices served on the City and the County identify the harm to each individual voter at
$175,000.
PREVIOUS COVERAGE: Wisconsin Elections Commission launches investigation regarding uncounted Madison absentee ballots
The investigation by the elections commission is focusing on whether or not City of Madison Clerk Maribeth Witzel-Behl failed to comply with the law regarding the 193 ballots discovered after the conclusion of the 2024 General Election. The commission voted unanimously earlier this year to summarize the findings of the investigation for the Commission at the upcoming meeting Friday so that the Commission can provide further direction.
Witzel-Behl has previously said to the commission she intends to fully cooperate with the investigation and will provide documents needed by the Commission without requiring a formal public records request.
An independent analysis confirmed reporting from the Madison clerk’s office that the uncounted ballots did not impact the outcome of any local or federal elections in November.
The City of Madison issued the following statement to WTMJ:
The City of Madison takes election integrity extremely seriously. Our Clerk’s Office has issued a public apology and reached out to affected voters directly to apologize for the failure to count their absentee ballot. They have also taken a number of steps to ensure this never happens again. Ahead of the February primary, election officials were trained on new safeguards and procedures for handling absentee ballots. Internal review of the incident is still underway, and additional steps may be taken. The City is also looking forward to any additional guidance the Wisconsin Election Commission may offer to further strengthen our elections processes. The City of Madison is unable to comment on the specifics of any pending litigation.
The Dane County clerk’s office has not yet responded to the new lawsuit.
