MADISON (WKOW) — Law Forward has initiated a class action lawsuit against the City of Madison and Dane County, alleging that 193 residents were deprived of their right to vote in the 2024 presidential election.
The nonprofit pro-democracy law firm is representing absentee voters in Madison. The litigation process began with claims notices served to the city and county.
“Every vote counts, and every vote must be counted. But our clients were disenfranchised through no fault of their own,” said Scott Thompson, staff counsel for Law Forward. “Our message today is clear: the right to vote must be protected. And when it is not, we’ll see you in court.”
The City of Madison’s Clerk’s Office informed the Wisconsin Elections Commission that 193 absentee votes were found in sealed courier bags post-election.
“Many of these uncounted votes belonged to University of Wisconsin students in downtown Madison,” said Jeff Mandell, general counsel of Law Forward. He emphasized the significance of the harm suffered by these first-time presidential election voters.
Mandell noted that this incident does not seem to be a coordinated effort to discard ballots, unlike in 2020. However, the lawsuit aims to send a message against interfering with voting rights in Wisconsin.
The notices indicate that the harm to voters is valued at $175,000, exceeding the $50,000 statutory cap on municipal claims.
“We don’t know who our plaintiffs voted for. We don’t ask, and we don’t care,” Mandell added. He emphasized that the deprivation of their right to vote in this consequential election is a significant injury.
The City of Madison released the following statement following the filing of the lawsuit:
“The City of Madison takes election integrity extremely seriously. Our Clerk’s Office has issued a public apology and reached out to affected voters directly to apologize for the failure to count their absentee ballot.
“They have also taken a number of steps to ensure this never happens again. Ahead of the February primary, election officials were trained on new safeguards and procedures for handling absentee ballots. Internal review of the incident is still underway, and additional steps may be taken. The City is also looking forward to any additional guidance the Wisconsin Election Commission may offer to further strengthen our elections processes.”
The City of Madison said it is unable to comment on the specifics of any pending litigation.
