A little known, off-year election in Wisconsin could determine the crucial swing state’s Electoral College votes in 2024, according to local experts.
for absentee ballots and having absentee ballots returned by a third party, such as a nonprofit organization doing voter mobilization.
This year, Justice Patience Roggensack, a conservative, is not running for reelection, giving liberals a chance to flip her seat and form a majority that could go the other way on issues like voter ID, absentee voting rules and redistricting. But progressive activists also say that installing a liberal majority on the court would eliminate the risk that Trump, who’s seeking the 2024 Republican nomination, could get Wisconsin’s next presidential election overturned.
“The challenge brought in state court in Wisconsin was very, very different than some challenges brought in other jurisdictions,” Esenberg noted. “It didn’t really allege voter fraud, in the sense of [ineligible] votes or misreporting the count or anything like that. It had to do with what the Trump camp called departures from the law in the increase of absentee ballots because of the COVID pandemic.
“If a liberal candidate is elected, I certainly think that we would be much more likely to see a court that would rule in terms of expanding the right to vote,” said Doug Poland, an election lawyer in Madison, Wis., who has represented Democrats in voting rights and election administration cases. The legislative district map could also be challenged by voting rights advocates who argue that the partisan gerrymander is illegal under the state constitution. “We have a heavily gerrymandered state legislature that has a locked-in Republican majority, even though the majority of votes counted are for Democrats year after year,” Poland observed.
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