State of Wisconsin

Wisconsin Green Bay Observation Challenge

Delorey v. Jeffreys

Lawsuit filed on behalf of Wisconsin residents against the Green Bay city clerk alleging that she has not allowed “members of the public to view all aspects of the public voting process.” The plaintiffs allege that in-person absentee ballot voting takes place in the clerk’s office and the hallway outside of the clerk’s office, but the clerk “has prohibited observers from observing any aspect of the voting process that takes place in the public hallway outside of her office,” which they claim violates Wisconsin law by preventing members of the public from observing the voting process. The plaintiffs request a writ of mandamus (a court order compelling a party to take a specific action) directing the clerk’s office “to adhere to their duties and administer the upcoming election in accordance with Wisconsin law.” They also request a declaration that the clerk violated Wisconsin law and an order directing the clerk to “post a copy of the Court’s order and a notice in the entrance way to her office alerting electors and observers that the public has a right to observe all public aspects of the voting process that occur at the Clerk’s office including, but not limited to, observing the performance and execution of the witness certification and the depositing or returning of the completed absentee ballot into a ballot box.”

On Nov. 2, a judge granted the plaintiffs’ request for a temporary injunction to prohibit election officials from violating Wisconsin law, which permits the public to “observe all public aspects of the in-person absentee ballot voting process.”

On July 5, 2023, the parties reached a settlement agreement, which stipulated that the defendants “shall be permanently enjoined from prohibiting, preventing, or unreasonably restricting members of the public from observing the public aspects of the in-person absentee ballot voting process.”

Case Documents

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