The Wisconsin Supreme Court issued a split decision on Tuesday regarding the use of mobile voting sites in the upcoming presidential election. The court upheld a ban on mobile voting vans but allowed the designation of alternate absentee ballot sites, in line with policy since 2016.
Specifically, the court granted a partial stay in a case challenging the legality of using mobile voting vans as in-person absentee voting locations in Racine. The court unanimously upheld a lower court ruling that deemed the use of a mobile van unlawful, as it violated state election laws and allegedly benefited Democrats in a previous election.
However, the court’s liberal majority decided to grant a stay on part of the lower court’s decision regarding the designation of absentee ballot sites. This decision allows municipalities in Wisconsin to continue using the same method in place since 2016 to determine early voting locations.
Justice Rebecca Bradley, one of the dissenting conservative justices, criticized the majority for introducing confusion and partisanship into the judicial process. Despite the split decision, the court’s ruling aims to maintain consistency and avoid disruption in preparations for the upcoming elections.
Justice Bradley stated that mobile voting units are not allowed under the law. She also mentioned that the circuit court decision still stands, with only the ban on mobile voting units being upheld. The rest of the court’s decision has no practical impact.
Justice Hagedorn, who joined Bradley in dissent, expressed confusion about whether the rules for alternate absentee ballot sites are still valid based on the circuit court’s ruling. He questioned the significance of staying one interpretation of the legal analysis while allowing the rest of the order to remain in effect.
Justice Hagedorn emphasized that the only clear outcome is that the use of mobile voting units is illegal at this time. Other unresolved issues will be addressed in ongoing litigation.
Requests for comments from the Democratic Party of Wisconsin and the Republican Party of Wisconsin were not returned promptly. The Wisconsin Institute for Law and Liberty (WILL) filed the lawsuit on behalf of Racine County Republican Party Chairman Ken Brown after the state elections commission determined that the use of a van in Racine was lawful.
The underlying case is still before the Wisconsin Supreme Court, as the elections commission requested a hold on the circuit court ruling due to an approaching deadline for selecting early voting sites. Oral arguments in the case are expected to be scheduled in the fall, which will not impact this year’s elections.
The Associated Press contributed to this report.
