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Tuesday, November 8, 2022, is Election Day. Although early voting is underway, many people will want to vote in-person on Election Day. All Wisconsin employers, regardless of size, are required to provide employees who are eligible to vote up to three consecutive hours of unpaid leave to vote while the polls are open (from 7 a.m. until 8 p.m.). Employees must request the time off prior to Election Day. Employers cannot deny voting leave on the basis that employees…
Continue Reading Vote! And Remember That Your Employees are Entitled to Time Off to Vote!

This Legal Update will help you navigate through those rough waters involving absentee ballots.

Absentee Voting
No election issue seems to be more of a lightning rod over the past year than absentee voting. While voting absentee has always occurred, this alternative voting option has been thrust into the spotlight due to the COVID-19 pandemic and the public scrutiny onslaught since the 2020 Presidential Election.

Wisconsin has been at the forefront of a variety of conflicts over absentee voting.
Continue Reading The Rocky Waters of Absentee Ballots

It seems like not a day goes by without a breaking news story about an election issue. Elections can seem as tiring as COVID – and sometimes just as confusing regarding the proper guidance or legal authority to conduct and carry out the election. Election officials and staff must weave through disputes that will seemingly only increase in the current political climate. This Legal Update will help you navigate issues involving poll workers.

Poll Workers
First, let’s examine the…
Continue Reading All Hands On Deck: Poll Workers

Earlier this month, the Seventh Circuit Court of Appeals decided a case involving allegations that a candidate for public office orchestrated a plan to put two other candidates on the ballot to split voters and ensure a victory. The case, Gonzales v. Madigan, No. 20-1874, 2021 WL 857476 (7th Cir. Mar. 8, 2021), could have many implications for challenges to tactics used during an election.

The litigation involved a 2016 primary election in which Michael Madigan, a state representative…
Continue Reading Seventh Circuit Calls into Question “Stalking-Horse” Election Claims

On the latest episode of the WI Law in Action podcast from the UW Law Library, election law expert Dean Dan Tokaji joins us to discuss free speech, the 2020 election, and the effect of misinformation on democracy.  Tokaji discusses two recent pieces: Truth, Democracy, and the Limits of Law, a 2020 Saint Louis University Law Journal article and #2DaysOut: Ten Things to Watch for on (and after) Election Day, a  contribution to the Election Law Blog published right…
Continue Reading Dean Dan Tokaji on Election Law, Free Speech, & the Effect of Misinformation on Democracy

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Dec. 14, 2020 – The Wisconsin Supreme Court has clarified that a “stay-at-home” order amid a pandemic is not a basis, on its own, for voters to declare “indefinitely confined” status and vote by absentee ballot without showing photo identification.

The Republican Party of Wisconsin filed an original action to the state supreme court in March, seeking a preliminary injunction and a declaration of rights against Dane County.

Prior to the April primary election, the Dane County city clerk…
Continue Reading Wisconsin Supreme Court Clarifies Election Law on Absentee Ballots

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Oct. 8, 2020 – The Wisconsin Supreme Court has ruled (4-3) that the Wisconsin Legislature has authority to represent the state’s interests in the validity of state laws, a win for Republicans seeking to block election extensions granted amidst COVID-19.

The decision, coupled with a decision from the U.S. Court of Appeals for the Seventh Circuit, means that a prior federal district court decision to extend certain deadlines related to the November general election is no longer applicable.

Today,…
Continue Reading Election Deadline Extensions Blocked After Wisconsin Supreme Court Decision

Sept. 15, 2020 – The Wisconsin Supreme Court (4-3) has resolved a case that temporarily blocked the mailing of absentee ballots, ruling that two Green Party candidates did not meet the requirements to be named on the Nov. 3 election ballot.

Last week the supreme court issued an order to halt the mailing of additional absentee ballots to take up the case filed by Howie Hawkins and Angela Walker, members of the Green Party attempting to run for U.S.
Continue Reading Supreme Court: Green Party Candidates Won’t Appear on Nov. 3 Ballot

Sept. 9, 2020 – The November election will be here before you know it. Amidst COVID-19, many people will want to know how to vote via absentee ballot, and lawyers can help their communities understand the timelines and requirements for doing so.

The Wisconsin Election Commission and MyVoteWisconsin have a lot of information. This article highlights common questions lawyers can use to answer election questions from community members while informing themselves to ensure their votes count.
When is the…
Continue Reading 2020 Election Voting Guide: Help Keep Your Communities Informed

The United States Postal Service (USPS) has found its way into the national spotlight as the 2020 presidential election, COVID-19, and absentee voting loom large over the landscape.  The USPS is an independent agency of the executive branch of the federal government that provides postal service in the United States.  In fact, the USPS is one of the few government agencies explicitly authorized by the United States Constitution under Article I, Section 8, Clause 7, also known as the…
Continue Reading Absentee Voting in Wisconsin