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.
11 Articles
11 Articles
Judge tosses motion to dismiss Madison’s missing ballots case
Judge David Conway wrote that “just because the absentee voting process is a privilege does not mean that those who legally utilize it do not exercise their constitutional right to vote.”
Dane County judge denies Madison motion to dismiss missing absentee ballot lawsuit
An absentee ballot drop box with updated signage in Madison following the Wisconsin Supreme Court's decision to allow the use of ballot drop boxes. (Wisconsin Examiner photo)A Dane County judge on Monday denied a motion from the city of Madison to dismiss a lawsuit against the city over its loss of nearly 200 absentee ballots during the 2024 election. Since misplacing and failing to count the ballots, Madison has been subjected to penalties fro…
Law Forward: New ruling will allow case against City of Madison for failure to count absentee ballots to proceed
MADISON, Wis. – This morning, a Dane County Circuit Court judge denied motions to dismiss Ayodabo et al. v. City of Madison et al., the class-action lawsuit over the City’s failure to count 193 absentee ballots in the 2024 presidential election. Scott...
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