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Dane County Appeals Order To Toss 23 Madison Absentee Ballots

The case could decide if Wisconsin’s 8 p.m. absentee delivery rule allows any leeway when clerks cause delays.

Overview

  • Dane County voted to challenge the Wisconsin Elections Commission’s directive that 23 Madison absentee votes be removed from the April election tally.
  • Madison redid its canvass without those ballots, which do not change any race outcome, and the city has 30 days to decide whether to join the appeal.
  • The ballots reached the Madison clerk the day before the election but were delivered to polling places after the 8 p.m. cutoff because a courier arrived late.
  • Commissioners voted 5–1 after their lawyer said a 1985 change made the 8 p.m. rule mandatory, while one member argued voters should not lose their votes over a clerk’s error.
  • In a separate ruling, Mequon and Ozaukee County were told to count five absentee ballots after the commission found the clerk used an unlawful standard for witness addresses.