Wisconsin Supreme Court rules Republican had no right to bring lawsuit challenging mobile voting

MADISON, Wis. (AP) — A divided Wisconsin Supreme Court ruled Tuesday that a Republican Party official lacked the standing to bring a lawsuit challenging the use of a mobile voting van in 2022.

The lawsuit sought to ban the use of mobile voting vans in any future election in the presidential battleground state. The court did not address the legality of mobile voting sites in its ruling, meaning mobile voting vans could be used in future elections.

A single van has been used only once — in Racine in a primary election in 2022. It allowed voters to cast absentee ballots in the two weeks leading up to the election. Racine, the Democratic National Committee and others argue that nothing in state law prohibits the use of voting vans.

But the court did not rule on the merits of the case. Instead, it ruled 4-3 to dismiss the case, with four liberal justices in the majority and three conservative justices dissenting.

The Supreme Court ruled that the Racine County voter who brought the lawsuit, the county’s Republican Party chairman, Ken Brown, was not “aggrieved” under state law and therefore was not permitted to sue.

Justice Rebecca Bradley, who wrote the dissent, said the ruling means that the Wisconsin Elections Commission’s decision dismissing Brown’s complaint will be left unreviewed by courts “and the People are left, once again, without a decision on fundamental issues of election law enacted to protect their sacred right to vote.”

Bradley said the ruling will make it more difficult for any voter who believes election law has been violated to bring lawsuits.

“The majority, once again, refashions the law to its own liking as it shuts the doors of the courthouse to voters,” Bradley wrote.

Attorneys for Brown and the elections commission did not immediately reply to emails seeking comment.

Republicans in this case argued that it violates state law to operate mobile voting sites, that their repeated use would increase the chances of voter fraud, and that the one in Racine was used to bolster Democratic turnout.

Wisconsin law prohibits locating any early voting site in a place that gives an advantage to any political party. There are other limitations on early voting sites, including a requirement that they be “as near as practicable” to the clerk’s office.

For the 2022 election, Racine city Clerk Tara McMenamin and the city had a goal of making voting as accessible to as many voters as possible.

Racine purchased its van with grant money from the Center for Tech and Civic Life, a nonprofit funded by Facebook founder Mark Zuckerberg and his wife. Republicans have been critical of the grants, calling the money “Zuckerbucks” that they say was used to tilt turnout in Democratic areas.

Wisconsin voters last year approved a Republican-backed constitutional amendment banning the use of private money to help run elections.

The van was used only to facilitate early in-person voting during the two weeks prior to that 2022 election, McMenamin said. It traveled for two weeks across the city, allowing voters to cast in-person absentee ballots in 21 different locations.

Brown filed a complaint the day after the August 2022 primary with the Wisconsin Elections Commission, arguing that the van violated state law. He argued that it was only sent to Democratic-leaning areas in the city in an illegal move to bolster turnout.

McMenamin disputed those accusations, saying it shows a misunderstanding of the city’s voting wards, which traditionally skew Democratic.

The elections commission dismissed the complaint four days before the 2022 election, saying there was no probable cause shown to believe the law had been broken. Brown sued.

A Racine County Circuit Court judge sided with Republicans, ruling that state election laws do not allow for the use of mobile voting sites.

The elections commission argued on appeal that Brown did not have standing to seek an appeal in court of the commission’s decision. The law allows for anyone who is “aggrieved” by a commission order to seek judicial review, but the state Supreme Court said Brown failed to show how he suffered because of the commission’s decision.