A Waukesha County judge has dismissed a lawsuit GOP state Rep. Janel Brandtjen and others filed over military elector lists, ruling they improperly named WEC as the defendant rather than an election official as required under the law.
Filed in early November, the suit sought an order directing the Wisconsin Elections Commission to immediately sequester and stop counting absentee ballots completed by military voters. It came on the heels of Milwaukee Elections Commissioner Deputy Director Kimberly Zapata illegally requesting three military absentee ballots under false names and having them sent to Brandtjen, R-Menomonee Falls. Zapata, who said she requested the ballots to highlight what she believes is a flaw in the system, was fired and now faces criminal charges.
Under state law, municipal clerks are required to keep an updated list of eligible military electors in their community. Those who filed the suit wanted an updated list to audit how well the law is being followed.
In Friday’s ruling, Judge Michael Maxwell wrote state law includes important safeguards to ensure the votes of those in the armed forces aren’t fraudulently cast by someone else.
Still, he wrote Brandtjen, Concerned Veterans of Waukesha County and two voters shouldn’t have brought a suit against WEC in order to be successful in their claim. He granted a motion to dismiss.
“WEC, as the guidance agency for local elected officials, should be ensuring that local election clerks are complying with this statute,” Maxwell wrote. “Unfortunately, there is not a sufficient basis in Concerned Veterans’ complaint to properly test this proposition.”
Read the decision here.
