Sep 26, 2020

Wisconsin Republicans: Cease and Desist Voting in Madison Now

Updated: Madison, Wisconsin — Republicans are angry at a City of Madison effort to help voters cast their ballots.

Voters will be able drop off their absentee ballots, have their ballots witnessed and register to vote at one of over 200 City parks in a City initiative called "Democracy in the Park," held on Sept 26 and Oct 3.

Writes the Madison City Clerk:

The problem for Republicans is many of the voters at Democracy in the Park events are likely to include the wrong kind of voters — black, brown and young voters — the very people whom Republicans have worked to stop from casting votes.

The ballot drop-off sites also have the effect of alleviating the burden of delivering a voluminous number of ballots through the mail, an effect which would be beneficial to voters.

The City of Madison will not discriminate on the basis of race, ethnicity, political orientation and age, and such non-discriminatory administration is an electoral problem for the Republican Party that relies on discrimination and gerrymandering to win elections.

Most voters of varied race and ethnicity live close to City parks.

Reports Elizabeth Beyer in the Wisconsin State Journal:

The state’s two most powerful Republican lawmakers sent a cease-and-desist letter to the Madison City Clerk’s Office on Friday ahead of a ballot collection event to be held in city parks Saturday, calling the effort 'illegal' and warning the ballots would be challenged in court and potentially invalidated.

'The threat that this procedure poses to ballot integrity is manifestly obvious,' Misha Tseytlin, former state solicitor general, wrote on behalf of Senate Majority Leader Scott Fitzgerald, R-Juneau, and Assembly Speaker Robin Vos, R-Rochester.


The Madison City Attorney responded to Republicans in a two-page letter which made quick work of the unsupported allegations. Reads the City letter in part:

I am responding to your letter to Madison City Clerk Maribeth Witzel-Behl regarding the City’s Democracy in the Park event being held this weekend to facilitate voter registration and the legal return and collection of absentee ballots. 

Your letter states that this event constitutes an 'illegal collection of ballots' and 'falls outside lawful categories' but you provide absolutely no legal support for that allegation.  You simply cite statutes that outline the process for absentee voting.  If you could please identify a statute that you believe is being violated, I could try to respond to your broad unsupported allegations. 

You also state that the threat to ballot integrity is manifestly obvious.  The procedures that the City Clerk has established to secure ballots are equivalent to the procedures used to secure all absentee ballots, which your clients have helped to establish in Wisconsin Statutes and found to be acceptable.  Sworn election officials will retrieve ballots that have already been issued and will ensure that ballots are properly witnessed and are secured in sealed in absentee ballot envelopes and ballot containers with tamper-evident seals, to be tabulated on Election Day.  The election officials will maintain a chain of custody log that is open to public inspection. No new ballots will be issued in the parks.

Sworn City election inspectors collecting ballots at official drop-off sites will not discriminate against voters, per training, sworn documentation and adherence to large body of state, federal and Constitutional law.
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In other voting news in Dane County Wisconsin, the Fitchburg Common Council passed a resolution 6-2 this week that moves a polling site to a more inclusive and accessible place in the notorious anti-voting rights Dist One, a polling place marked by open racism from white Fitchburg polling workers.

Alds Dorothy Krause and Joe Maldonado and Gabriella Gerhardt worked against anti-voting rights forces all year to accomplish this objective of helping voters cast their ballots.
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A statement from Madison City Clerk Maribeth Witzel-Behl is reproduced below:

Statement of Madison City Clerk Maribeth Witzel-Behl Regarding Democracy in the Park

Friday, September 25, 2020 - 3:29pm

Democracy in the Park is an event created by, planned by, staffed by, and paid for by the City Clerk’s Office.  This event will simply make it easier for residents who have received their requested absentee ballot to drop it off in person.

This is not in-person absentee voting. Poll workers will not be able to issue anyone a ballot at the park. The only way to receive a ballot right now is through the mail. In-person absentee voting begins October 20, and voters will be able to receive and cast an absentee ballot at any of our absentee voting sites at that time.

The poll workers in each City park tomorrow have taken an oath of office. They are the same dedicated public servants who administer elections at your polling place on Election Day.

Absentee voting by mail is underway. Voters may return their absentee ballots by mail, or in person. Our ballot drop boxes are still on order, and voters have been requesting a location close to home where they can deliver their ballot.

By having poll workers receive the delivery of the absentee ballot, we are able to double-check that the voter has completed the certificate envelope so the ballot can be counted at the polls on Election Day.

Voters who want a poll worker to serve as their absentee witness need to bring their ballot and envelope from home, show the blank ballot to the poll worker, mark the ballot in a way that the poll worker cannot see how they are voting, and then seal the ballot in the envelope they received in the mail.

The City Clerk’s Office is non-partisan. Regardless of who people vote for, our goal is that each eligible voter will be able to cast a ballot and have that ballot counted.

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