Wisconsin Online Absentee Ballot Application Challenge

Lawsuit filed against the Wisconsin Elections Commission (WEC) by Honest, Open, Transparent Government (HOT Government) — a right wing group that spreads false claims of voter fraud — on behalf of three voters challenging the use of the WEC website (MyVote.WI.gov) used to process absentee ballot requests. The website has an online portal that voters can use to register to vote, find out what is on their ballot and where their polling location is, track their ballot and request an absentee ballot. In its complaint, the group alleges that the use of WEC’s website for absentee ballot requests does not fall within a legal method of requesting absentee ballots listed by Wisconsin Election Code, which they allege “requires electors to submit their absentee ballot applications directly to their local municipal clerk, not to MyVote or WEC who subsequently alert local clerks that their electors requested absentee ballots.” The plaintiffs assert that voters and “not MyVote, are required to submit their written absentee ballot applications to clerks.” The plaintiffs ask the court to declare the MyVote website unlawful under state law and to order “that municipal and county clerks should disregard absentee ballot applications for the November 8, 2022 election that clerks have already received from MyVote.”

On Oct. 14, the court denied the plaintiffs’ motion for a temporary restraining order and injunction, meaning that the online absentee ballot application on WEC’s website will remain in place for the 2022 midterm elections.

On Nov. 16, 2023, the court granted the plaintiff’s motion for summary judgment, thereby ending litigation.

Last updated: February 28, 2024 11:24 am EST