Waukesha County judge tosses out GOP lawsuit seeking ballot changes
Waukesha — A Waukesha County judge tossed out a lawsuit Wednesday attempting to force changes to the design of the Nov. 4 ballot.
Waukesha County Circuit Judge James Kieffer dismissed the case after 25 minutes of arguments because those who brought the suit had not followed a procedure requiring them to file a complaint with election officials or a district attorney before filing a lawsuit.
The case was brought last week by the campaign committees of Assembly Speaker Robin Vos (R-Rochester) and Senate Majority Leader Scott Fitzgerald (R-Juneau).
In another blow to the lawsuit, Kieffer also ruled Vos and Fitzgerald's political committees lack the ability to sue over the ballots. That ability belongs to electors who believe their voting rights have been violated.
Vos and Fitzgerald had argued the ballots designed by the state Government Accountability Board are confusing. Ballots' formats vary by county, but if successful, the suit could have resulted in ballots in some areas being redesigned and reprinted.
The lawmakers' attorney, Joseph Olson, said he was disappointed in the decision and is weighing what to do next. Vos and Fitzgerald could appeal the ruling, bring a complaint before the accountability board or let the matter drop.
The two legislative leaders contend there is not enough separation between the offices being sought and the name of the first candidate for each race. They also argue a lack of shading and lines makes it difficult to tell where one race ends and the next begins on the ballot. Overall, the design of the ballots could lead to some voters thinking there is only one candidate in some races and could result in some voters missing entire races.
Democrats are listed first on this year's ballot, and the legislators contend some voters may wrongly believe only one candidate — a Democrat — is running for some offices.
Democrats are listed first because they won the most presidential votes in Wisconsin in 2012. Two years ago, Republicans appeared first on the ballots because they had won the most votes in the 2010 race for governor.
State law requires challenges to the design of ballots to be made first with the accountability board or a district attorney. Because Vos and Fitzgerald never filed such a complaint, the court couldn't consider their lawsuit, the judge determined.
"That was not done in this particular case and that is crucial to this court's decision herein," Kieffer said.
Before he rendered his decision, Olson said requiring his clients to go to the accountability board wouldn't make sense because the board had already decided what the ballots would look like.
"It is obvious that would be a futile process," he said.
But Assistant Attorney General Christopher Blythe said those challenging the ballots had no choice as to how they proceeded.
"That's the statute," Blythe said of the process opponents must follow. "You can say you don't think we'd get a fair shake from them, but that's the statute."
The accountability board designs the template for ballots, and local clerks insert the names of candidates in their areas. The clerks are required to "substantially follow" the template, but they often make some formatting changes to the ballots.
more:
http://www.jsonline.com/news/statepolitics/waukesha-county-judge-tosses-out-gop-lawsuit-seeking-ballot-changes-b99358426z1-276931351.html
DO SOMETHING!
| 