Wisconsin absentee ballot case heads to U.S. Supreme Court

Published: Oct. 14, 2020 at 8:21 PM CDT
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MADISON, Wis. (WMTV) - Gov. Tony Evers filed an amicus brief in the U.S. Supreme Court Wednesday to reinstate an injunction that allowed absentee ballots post-marked by election day to be counted if they are received up to six days after election day.

The injunction also allowed additional poll workers to be recruited and trained in communities where there is a need.

According to a news release, Gov. Evers told the Supreme Court that during the April 7 primary election, the risk for exposure to COVID-19 was “dangerous” for Wisconsinites. He believes that an increasing number of Wisconsin voters will choose to vote absentee in the coming weeks.

“The preliminary injunction . . . is a limited measure that protects the voting rights of every Wisconsin citizen amid a public health emergency and supports state and local efforts to contain the spread of COVID-19,” the governor said. “Conversely, the Seventh Circuit’s . . . decision to stay the injunction has imposed a great risk to the public health and safety of Wisconsin voters.”

Gov. Evers also explained to the Supreme Court that the state Legislature had “failed to address the vital need to ensure that voters are safe.”

Attorney Lester Pines, who is representing Gov. Evers, said he expects a decision from the Supreme Court to come within a week.

“This is an emergency matter and it’s not a full appeal,” Pines said. “It’s a question of whether or not an order from the 7th circuit that blocked the injunction should be lifted so that the injunction stays in place and people get the benefit from it.”

Pines also said it was important to note that the Legislature is a party in the lawsuit and intervened.

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