MADISON, WI (WTAQ-WLUK) – Municipalities in Outagamie and Calumet counties are joining the county clerks in asking the Wisconsin Supreme Court for direction on how to handle some ballots which can’t be read by tabulating machines.
Last week, Outagamie County Clerk Lori O’Bright revealed about 13,500 ballots were printed and mailed with a nicking in one of the “timing marks,” which allow the ballots to be counted by voting machines. Because of the error, the machines reject the ballot. The remedy announced was rejected ballots will be hand-duplicated by election inspectors. But because that can’t happen until election day, she warned the county would be delayed in getting results tabulated.
However, the clerks note that the Wisconsin Elections Commission suggested that being allowed to use ink to complete the timing mark — rendering it readable by the machines — could be a solution. But because the WEC didn’t offer any statutory authority for the move, the clerks asked the high court for a ruling on which method it should use.
Tuesday, the municipalities replied with briefs to the court.
“Based upon the above arguments, Respondents respectfully request this Court take original jurisdiction of this case and issue a declaratory judgment permitting Respondents to carefully fill in any deficient timing marks thereby enabling each original ballot an opportunity to be properly counted by tabulating equipment on Election Day and reserving the duplication process under 5.85(3), Wis. Stat. to those ballots still rejected after such corrective measures are taken,” states the city of Appleton’s response.
Other communities have similar responses or didn’t take a position.
It is unclear if, when, or how the Supreme Court may act.
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