Law Forward fights paper ballots in Town of Thornapple, Rusk County

By Alexandria Staubach
 
In honor of National Voter Registration Day and Constitution Day, WJI is highlighting two new complaints filed by Law Forward. WJI believes that fair and equitable access to the ballot box is a fundamental right of every citizen of Wisconsin. If you still need to register to vote we encourage you to do so here.
 
The Law Forward impact litigation law firm has filed two complaints with the Wisconsin Election Commission (WEC) alleging that the Town of Thornapple and its town clerk violated state and federal law when conducting the April and August elections. The complaints seek orders forcompliance with the law for future elections. 

Both complaints request expedited review in time for November’s election.
 
State and federal law require access to voting systems that permit those with disabilities to cast their ballots independently and securely. The new complaints to the Wisconsin Election Commission say Thornapple, in Rusk County, is breaking these laws after abandoning electronic voting.
 
According to the complaints, the April election was conducted in Thornapple by paper ballot and then hand counted, with no alternative or accommodation for the visually impaired or those who otherwise cannot privately and independently vote on paper.
 
After the April election, a July 8, 2024 letter from the U.S Department of Justice warned that Rusk County needed “at least one direct recording electronic voting system or other voting system equipped for individuals with disabilities available at each polling place.” Nevertheless, Thornapple's August election took place on paper as well.
 
Wisconsin law provides for compliance reviews for any elector of a jurisdiction or district served by an election official who seeks to contest perceived abuses of election administration.

One complaint requests a compliance review on behalf of Erin Webster, a Thornapple voter, who ran for Rusk County Board of Supervisors in the spring election and was provided a paper ballot on which her name did not appear, according to the complaint. Webster cast her ballot electronically in every prior election since 2009, and the town had otherwise used electronic voting machines.
 
Under Wisconsin law, municipalities may elect to administer elections by paper ballot if they have populations below 7,500.
 
Webster’s complaint alleges that the same law that permits paper ballots for municipalities under 7,500 people also prohibits reversion back to hand counting of paper ballots without the WEC’s permission, which Thornapple did not receive.
 
The second compliance review complaint was brought on behalf of Disability Rights Wisconsin. The complaint alleges that federal and state law require a municipality to make voting accessible to voters with disabilities. Further, the complaint alleges, federal law requires any voting system to have a means to notify voters if they have selected more than one candidate for a single office, plus the opportunity to redress the error.
 
“By ceasing to use electronic voting equipment and instead exclusively using paper ballots completed and tabulated by hand, Respondents are no longer using voting systems that are accessible for individuals with disabilities in a manner that provides the same opportunity for access and participation (including privacy and independence) as for others,” the Disability Rights Wisconsin complaint asserts. It mentions visually impaired voters and those who may struggle to fill out a ballot by hand being disenfranchised by the paper system.
 
The Ladysmith News, a local paper in Ladysmith, Wisconsin, this summer covered the Rusk County Board’s decision to count ballots by hand. The article described a July presentation given by Mark Cook of Hand Count Road Show, supposedly a one man “subject matter expert on election vulnerabilities who had traveled the county in his camper trailer, educating folks about election systems and how they can go wrong.” According to the reporter, “a number of local governmental officials were in the audience and saw how Cook showed exactly how voting machines can be easily manipulated.”
 
The Webster complaint is available here. The Disability Rights Complaint is available here.