Hi folks,
A state appeals court on Wednesday ruled that state courts can’t temporarily extend polling place voting hours on Election Day.
The ruling comes in response to a case that the Democratic National Committee filed late on Election Day in November 2024 after two Whitewater polling places experienced extensive delays due to inadequate staffing. They requested extended hours at the polling place. The Republican National Committee intervened in the case, arguing that such an extension violated state law.
The state circuit court ordered the two polling locations to stay open until 10:30 p.m.
But on Wednesday, a state appeals panel found that the lower court had erred, and that only federal courts can extend voting hours in Wisconsin past when polls close at 8 p.m.
“A court’s order that disregards this clear, uniform law and affords select electors more time to cast ballots than other electors in the state directly undermines the integrity of the election and public confidence,” Wisconsin Court of Appeals District II Judge Mark Gundrum wrote.
He added that there were two ways to vote after 8 p.m.: If a federal court grants explicit access, or if voters got in line by the time that polls closed.
Given the stakes of the upcoming elections, I’d expect the DNC to appeal the order to the Wisconsin Supreme Court.
Wisconsin elections are won by the narrowest of margins. And when Democrats are fighting for the state Senate, Assembly and governor’s office, unexpected delays or electrical outages at a couple of polling places can be the difference between one of their candidates winning or losing.
Having the ability to extend polling place hours if a problem occurs is a longstanding strategy by the DNC, and they likely don’t want to lose that ahead of the midterms.
For now, though, this ruling halts one of the many ways that courts have become inundated with election administration lawsuits.
Let me know what questions you have about elections in Wisconsin. You can reach me at [email protected] or by replying to this email.
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