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Judge Tosses Motion to Dismiss Madison’s Missing Ballots Case

The lawsuit challenges the city’s claim that absentee voting is a privilege, with plaintiffs seeking damages for 193 uncounted ballots in the 2024 election, a judge ruled.

  • On Monday, a Dane County judge denied Madison's motion to dismiss, allowing a lawsuit over 193 uncounted absentee ballots from the November 2024 election to proceed.
  • City of Madison lawyers cited the 1985 law describing absentee voting as `privilege` to argue against liability, after uncounted ballots were discovered later this year.
  • The judge held state law allows damages for negligent deprivation of voting rights and dismissed the City of Madison Clerk's Office while allowing suit against the city, former City of Madison Clerk Maribeth Witzel-Behl and Deputy Clerk Jim Verbick.
  • Law Forward is seeking monetary damages on behalf of voters whose ballots weren't counted, and the parties will return to court on March 20, 2026, while Madison spokesperson Dylan Brogan said the city is reviewing the ruling.
  • The 1985 law's novel use could shape future liability for election officials as legal experts, Gov. Tony Evers, and the Wisconsin Elections Commission opposed the city's novel interpretation.
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Votebeat broke the news in on Monday, February 9, 2026.
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