Wisconsin Judge Rules Stricter Cash Bail Measures Approved by Wisconsin Voters Will Stand

Wednesday, September 18th, 2024 -- 12:01 PM

(AP) Stricter cash bail measures approved by voters last year will stand despite procedural flaws, a judge ruled Monday.

The decision from Dane County Circuit Judge Rhonda Lanford came in a lawsuit filed by criminal justice advocates over two constitutional amendments. State elections officials and the Legislature said the lawsuit was a cynical attempt to undo election results.

The case revolved around whether the Legislature sent the ballot questions to the correct elections officials and whether deadlines for submission were met. Lanford ruled that technical violations did not warrant overturning the election results.

She found that the Legislature still substantially complied with the law. WISDOM, a faith-based statewide organizing group, and its affiliate, EXPO Wisconsin, which stands for Ex-Incarcerated People Organizing, brought the lawsuit.

Both groups fight against mass incarceration and work with people who have spent time behind bars. Jeff Mandell, attorney for the groups, said they were reviewing the ruling and deciding on next steps.

A spokesperson for the Wisconsin Elections Commission did not return a message. One amendment allows judges to consider past convictions for violent crimes when setting bail for someone accused of a violent crime.

Another allows judges to consider a defendant’s risk to public safety, including their criminal history, when setting bail required to release someone before trial. Voters also approved an advisory referendum, which is not enforceable, saying that able-bodied, childless welfare recipients should be required to look for work.

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