Federal Judge Questions Easing State's Absentee Regulations
Thursday, August 6th, 2020 -- 9:03 AM
(AP) -A federal judge on Wednesday questioned whether it would be right to order an easing of Wisconsin’s absentee voting regulations ahead of the November presidential election, saying the coronavirus might pose less of a threat to in-person voting by then.Democrats and allied groups filed a series of lawsuits ahead of Wisconsin’s presidential primary election in April demanding that Judge William Conley ease absentee voting and voter registration requirements to simplify voting by mail because of the pandemic. Conley decided to extend the deadlines for requesting and filing absentee ballots, but conservatives on the U.S. Supreme Court struck down the extensions the day before the election. The plaintiffs renewed their lawsuits for the November election. Wisconsin is expected to be a key battleground state. Conley held a hearing Wednesday on whether to issue a preliminary injunction easing the regulations. He opened the proceeding by acknowledging that clerks will see a crush of absentee ballots ahead of the November election. But he went on to say that people have learned more about how to control the virus’ spread since April, that infection rates could drop by November and that it’s unclear if the risk of transmission will be as high as it was in April. Given that, he said he wasn’t sure he should interfere with existing state law. John Devaney, an attorney for the Democratic National Committee and state Democratic Party, argued that anyone with influence over the election has a duty to prepare for the virus. He noted that Wisconsin recorded 728 new confirmed cases of COVID-19 cases on Tuesday and the Wisconsin Elections Commission has warned that local clerks were still looking for more than 900 poll workers heading into a Tuesday primary for state candidates, blaming the shortage on fears of infection at the polls.
Misha Tseytlin, an attorney representing Republican legislators, argued that there’s so much uncertainty that Conley should presume state laws remain valid and do nothing. The Democrats and their allies are seeking an injunction that would lift requirements that clerks receive absentee ballots by 8 p.m. on election night; that absentee ballots be signed by a witness; that voters include a photo ID with their absentee ballot applications; and that electronic and by-mail voter registrations include proof of residence. They also want the judge to lift by-mail and electronic voter registration deadlines, the deadline for the Nov. 3 election is Oct. 14. And they want Conley to force state elections officials to send absentee ballots to everyone registered to vote as of Sept. 30 and to allow voters to download absentee ballots via email or fax. The groups also want the judge to allow clerks to start verifying absentee ballots’ validity without counting them before Election Day in the hopes that they will spot mistakes and give voters time to fix them and refile their ballots. The groups also claim that early processing will expedite counting and election results. Conley wasn’t expected to rule on the preliminary injunction for several weeks.
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