State of Wisconsin

Wisconsin Military Absentee Ballots Challenge

Concerned Veterans of Waukesha County v. Wisconsin Elections Commission

Lawsuit filed on behalf of the Concerned Veterans of Waukesha County, two Wisconsin voters and state Rep. Janel Brandtjen (R) against the Wisconsin Elections Commission (WEC) alleging that WEC must immediately sequester and stop counting absentee ballots completed by voters in the military. The lawsuit was filed after Milwaukee Elections Commissioner Deputy Director Kimberly Zapata illegally requested three military absentee ballots under fake names and sent them to Brandtjen; Zapata was later fired and charged with a felony for doing so. Pointing to this incident, the plaintiffs allege that “vulnerability” with WEC’s system for distributing military absentee ballots “has been exposed” and clerks are not required to have “an up-to-date, complete, verified, current, accurate and distributed military elector list” in violation with Wisconsin law. Because of this alleged violation, the lawsuit asks that all military absentee ballots be “sequestered” so that “verification can be completed before they are counted” to prevent any ballots “cast by non-qualified persons casting military elector absentee ballots, if any, from being counted.” On Nov. 7, a judge ruled from the bench and denied the plaintiffs’ request for a temporary restraining order and temporary injunction. This means that the counting of absentee ballots cast by military voters will not be halted for the upcoming midterm elections. On July 28, 2023, the case was dismissed.

Case Documents

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