GREEN BAY, WI (WTAQ-WLUK) – In the wake of a lawsuit, the city of Green Bay has given election observers access to watch more of the process of early voting.
The Republican National Committee, along with four non-Green Bay residents, filed the lawsuit accusing Green Bay city clerk Celestine Jeffreys of violating the law by not allowing people to observe all public aspects of in-person absentee voting at city hall.
In a 14-page summons filed on Tuesday, Nathan DeLorey of De Pere, Denise Vetter of Lawrence, Randy Wery of Bellevue and Patricia Shick of Hobart seek a temporary restraining order and injunction prohibiting Jeffreys from “violating Wis. Stat. 7.41, which requires that municipal clerks allow the public to observe all public aspects of the in-person absentee ballot voting process.”
The group alleged Jeffreys had refused to let election observers be in a public hallway where voters fill out their ballot, have witness certification performed and deposit the ballot into the ballot box.
The summons states, “in responding to pleas from observers to allow them the ability to stand in the hallway to observe the voting process, Jeffreys responded that they will be kicked out if they observe in the hallway and that observers must talk to her legal department if they required further explanation.”
The group said Jeffreys only allowed election observers in her office where voters check in, register to vote and obtain their ballot.
According to the summons, “on more than one occasion when observers left the observing area to use the restroom, the blue bin being used as a ballot return box, which was outside of an elevator area, appeared to be unattended and unguarded.”
“Poll watchers have a right to poll watch, but Green Bay’s Clerk is refusing to let them in the room,” RNC chair Ronna McDaniel said in a statement. “This is unacceptable: Republicans are going to court to deliver Wisconsinites the ballot box transparency to which they are legally entitled.”
Following a court hearing Wednesday, the city added an area for observers to watch ballots being placed into the box to comply with Judge Marc Hammer’s order.
Hammer said the plaintiffs wanted two things: to see the witness certification process and the elector depositing their ballot into the ballot box.
City attorneys argued that these plaintiffs are not residents of Green Bay, but the plaintiffs said it doesn’t matter.
“Under Wisconsin Statue 7.41, there’s no requirement to be an election observer,” said Attorney Kurt Goehre. “There’s no requirement that you have to be a resident of the ward or the district you are actually going to observe.”
The complainants proposed having electors return the ballots to the clerk’s office for witnessing and depositing — the same process that took place for the August primary. But Assistant City Attorney Lindsay Mather explained why this isn’t the current process.
Mather said there isn’t enough room or windows for observers to observe this way with the amount of people for the space, especially considering the number of staff and amount of voters for a general election compared to a primary.
Hammer said if the city knew there was a difference in volume, the city needed to create a difference in process. He then came to a decision at the end of the hearing.
“The city of Green Bay, through the clerk, is to provide observer access to the witness certification process and to the electors depositing his or her ballot in the ballot box during the absentee voting window. The city will also create a viable process which accomplishes the court’s orders and will do so no later than 2 p.m. on Wednesday.”
Attorneys declined to comment after the hearing.
Green Bay’s election administration has been the subject of several complaints in recent years.
In April 2020, voters had to wait up to four hours to vote after the city consolidated 31 polling locations down to two in response to the COVID-19 pandemic.
The city’s election administration came into question again in November 2020. Republicans accused Mayor Eric Genrich of allowing private consultants to take over election operations, which would be a violation of state law. The city has denied any wrong doing.
In February 2022, the city started counting absentee ballots hours ahead of the time given to the public. City officials have apologized for what they call a “clerical error.”
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