Wisconsin Judge Hears Arguments Regarding Statewide Ballot Referendums

Thursday, February 16th, 2023 -- 1:01 PM

(By Anya van Wagtendonk, Wisconsin Public Radio) A circuit court judge heard testimony Tuesday in a lawsuit challenging two statewide ballot referendums slated for the April 4 election.

According to Anya van Wagtendonk with Wisconsin Public Radio, EXPO Wisconsin, which organizes formerly incarcerated people, and WISDOM, a faith-based organization, filed a lawsuit in Dane County Circuit Court on Jan. 31 to challenge the ballot initiatives.

Plaintiffs argue the Wisconsin Elections Commission (WEC) sent the initiatives to county clerks a day past the deadline required under state law. At a hearing before Dane County Circuit Court Judge Rhonda Lanford that was broadcast by WisconsinEye, lawyers for the groups argued that the referendums were submitted to county clerks too late, denying them enough time to educate voters and organize in opposition.

They're asking for a year injunction on the measures, which would mean they wouldn't appear before voters until 2024. "The Legislature has to follow all the constitutional rules in proposing amendments," said Dan Lenz, an attorney for the liberal firm Law Forward which filed the lawsuit. "They don't get leeway here."

An attorney representing the Legislature countered that there was not sufficient harm caused by the missed deadline, and that voters would be hurt by removing the questions from the April ballot.

"The people are going to be punished because WEC waited two days too long," argued Misha Tseytlin, an attorney frequently hired by Republicans to represent the Legislature in high-profile cases.

The two Republican-backed measures are due to appear on voters’ ballots this April. One would amend the state Constitution’s approach to imposing cash bail on people charged with committing violent crimes.

The other is a nonbinding referendum asking whether to require "childless, able-bodied adults" to search for employment while receiving public benefits. Both measures were passed by the Legislature on Jan. 19.

According to state law, ballot measures must be submitted to the proper "official or agency" 70 days in advance. In this case, plaintiffs argued, that meant Jan. 25. While the Legislature sent the measures to the Wisconsin Elections Commission on the day that they passed, the WEC did not submit those questions to county clerks who administer state elections until Jan. 26.

The lawsuit argues that because county clerks are the officials ultimately responsible for preparing ballots, they needed to receive the submissions from the Legislature a day earlier.

Feel free to contact us with questions and/or comments.