A Wisconsin judge has recently ruled that the use of mobile absentee voting sites is not allowed under state law. This decision comes in response to a challenge made by Republicans against Racine’s use of a voting van during the 2022 elections. The van, which was the only one of its kind in Wisconsin, was said to be in violation of the law, potentially enabling voter fraud, and allegedly used to boost Democratic turnout. However, Racine officials, the Democratic National Committee, and the voting advocacy group Black Leaders Organizing for Communities have refuted these claims, arguing that the van’s use was legal and there was no specific prohibition against it.
The lawsuit surrounding the mobile voting van is just one of several cases in battleground Wisconsin that could impact voting rules in the upcoming presidential election. The van was initially utilized during Racine’s municipal elections in 2022 and was purchased using grant money provided by the Center for Tech and Civic Life, a nonprofit founded by Facebook’s Mark Zuckerberg and his wife. Republicans have criticized these grants, dubbing the funds as “Zuckerbucks,” and alleging that they were used to manipulate turnout in favor of Democratic areas.
Racine City Clerk Tara McMenamin explained that the van was solely used to facilitate early in-person voting in the two weeks leading up to an election. The vehicle was particularly useful as it allowed her staff to set up their equipment in various neighborhoods, making voting more accessible for residents. However, the Wisconsin Institute for Law and Liberty, acting on behalf of Racine County Republican Party Chairman Ken Brown, filed a complaint arguing that the van violated state law. They claimed that the van was selectively sent to Democratic areas to unlawfully enhance turnout.
The Wisconsin Elections Commission initially dismissed the complaint, stating that there was no evidence of wrongdoing. However, the Wisconsin Institute for Law and Liberty subsequently filed a lawsuit, leading to the recent ruling by Racine County Circuit Judge Eugene Gasiorkiewicz. The judge overturned the elections commission’s dismissal and stated that state election laws do not permit the use of mobile voting sites. He clarified that his ruling did not determine whether mobile voting sites were a good idea or not, emphasizing that such decisions should be made by the Legislature.
It remains unclear whether the decision will be appealed, as both the Wisconsin Elections Commission and the state Department of Justice, who represented them in the lawsuit, have not yet commented on the matter. Racine City Clerk Tara McMenamin stated that the decision is currently under review and further steps will be determined in the coming week. Early in-person absentee voting for the municipal spring election in Wisconsin is set to begin on February 6, with the presidential primary following on April 2.
If the case is appealed, it may ultimately be decided by Wisconsin’s liberal-controlled state Supreme Court. Lucas Vebber, deputy counsel at the Wisconsin Institute for Law and Liberty, expressed satisfaction with the ruling, stating that it ensures secure elections and emphasizes that election administration does not favor any political party.
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