A judge ruled Friday that he could not rule in a lawsuit seeking to declare the city's Democracy in the Park event to be legal and valid because there was no disagreement between the two sides over the issue.
A Dane County judge on Friday dismissed a lawsuit that sought a judgment protecting the city of Madison’s Democracy in the Park event, writing that he has nothing to rule on because a group of local voters and the city Board of Canvassers don’t disagree about the event’s legality.
The group of voters filed the lawsuit on Sept. 30 after state GOP lawmakers, in a cease-and-desist letter, threatened legal action over the two-time event, saying that the event is illegal. But no lawsuit challenging the event has been filed, and Republican lawmakers did not seek to become adverse parties in the lawsuit filed by the voter group.
The event, held Sept. 26 and Oct. 3, was an opportunity for absentee voters to safely drop off their completed ballots with election officials at any of Madison’s 206 city parks. In its first weekend, nearly 11,000 ballots were collected.
In a brief ruling, Circuit Judge Mario White wrote he wasn’t ruling on the merits of the lawsuit but had to determine whether the lawsuit presented an issue on which he could rule. He said none exists because there is no controversy between the voter group and the Board of Canvassers.
“The defendants have not taken any action in opposition to the plaintiffs,” White wrote. “No brief opposing the plaintiffs’ motion was filed. No argument contrary to the plaintiffs’ argument was provided.”
The attorney for the Board of Canvassers, City Attorney Michael Haas, wrote to the court that absentee ballots returned during Democracy in the Park events will be processed as valid, White noted.
“Plaintiffs also contend the uncertainty created by the (GOP legislators’) letter creates a justiciable claim,” White wrote. “The Board of Canvassers did not author the letter, however. Both parties in this action are aligned at this stage and therefore not adverse.”
Wisconsin Elections Commission administrator Meagan Wolfe said earlier this month that holding the event did not appear to break any laws.
Douglas Poland, a lawyer for the voter group, said he had no comment at this time, while the group decides how to proceed.
Wisconsinites vote in spring primary despite COVID-19 danger
Election Day with COVID-19
Town of Dunn resident Robert Wilson reviews his selections on his ballot while voting at the town's highway garage Tuesday. Voters and poll workers were encouraged to wear masks and take other precautions after efforts to delay the vote amid the COVID-19 pandemic failed.
Election Day with COVID-19
Sisters Kelly and Teal Rowe work behind a plexiglass barrier while waiting to verify voters in Wisconsin's spring election in the town of Dunn Tuesday.
Election Day with COVID-19
Election workers in the town of Dunn, Wis. tally absentee ballots in the town's highway garage facility Tuesday, April 7, 2020. JOHN HART, STATE JOURNAL
Election Day with COVID-19
Election workers outside the Madison Municipal Building wear protective medical equipment while assisting voters with curbside voting during the state's spring election Tuesday.
Election Day with COVID-19
Election workers and voters outside the Madison Municipal Building keep a distance from each other Tuesday.
Election Day with COVID-19
A sign along East Washington Avenue in Madison encourages motorists to vote in the state's spring election Tuesday.
Election Day with COVID-19
An opponent of a Wisconsin Supreme Court decision to proceed with the state's spring election amid coronavirus concerns makes her feelings known to passing motorists on Tuesday in Madison.
Election Day with COVID-19
An opponent of a Wisconsin Supreme Court decision to proceed with the state's spring election amid coronavirus concerns displays a sign in her car in Madison, Wis. Tuesday, April 7, 2020. JOHN HART, STATE JOURNAL
Election Day with COVID-19
Judy Karofsky, mother of Wisconsin Supreme Court candidate Jill Karofsky, checks her phone during a walk with her dog, Bacon, along Martin Luther King Jr. Boulevard in Madison, Wis. Tuesday, April 7, 2020. JOHN HART, STATE JOURNAL
Election Day with COVID-19
Paula Mohan hands out a ballot while behind plexiglass, to a voter at the Wil-Mar Neighborhood Center Tuesday April 7, 2020 in Madison, Wisconsin. STEVE APPS, STATE JOURNAL
Election Day with COVID-19
Benjamin Olneck-Brown, left, and Laura Muller organizing absentee ballots at the Wil-Mar Neighborhood Center Tuesday April 7, 2020 in Madison, Wisconsin. STEVE APPS, STATE JOURNAL
Election Day with COVID-19
Shanon Hankin, cleans a voting booth after it was used for voting Tuesday at the Wil-Mar Neighborhood Center in Madison.
Election Day with COVID-19
Anita Krasno checks in a voter while behind plexiglass at the Wil-Mar Neighborhood Center Tuesday April 7, 2020 in Madison, Wisconsin. STEVE APPS, STATE JOURNAL
Election Day with COVID-19
Michelle Martin, left, and Anita Krasno, middle, check in a voter behind a plexiglass barrier at the Will-Mar Neighborhood Center on Tuesday. Madison erected the barriers for poll workers at all 66 of the city's polling locations.
Election Day with COVID-19
Benjamin Olneck-Brown, left, and Laura Muller organizing absentee ballots at the Wil-Mar Neighborhood Center Tuesday April 7, 2020 in Madison, Wisconsin. STEVE APPS, STATE JOURNAL
Election 2020 Wisconsin
People line up to vote at Riverside High School during the primary in Milwaukee on Tuesday, April 7, 2020. Voters lined up to cast ballots across Wisconsin on Tuesday, ignoring a stay-at-home order in the midst of the coronavirus pandemic to participate in the state's presidential primary election. (Mike De Sisti/Milwaukee Journal-Sentinel via AP)
Virus Outbreak Wisconsin Election
Voters masked against coronavirus line up at Riverside High School for Wisconsin's primary election Tuesday April 7, 2020, in Milwaukee. The new coronavirus causes mild or moderate symptoms for most people, but for some, especially older adults and people with existing health problems, it can cause more severe illness or death. (AP Photo/Morry Gash)
Virus Outbreak Wisconsin Election
A worker hands out disinfectant wipes and pens as voters line up outside Riverside High School for Wisconsin's primary election Tuesday April 7, 2020, in Milwaukee. The new coronavirus causes mild or moderate symptoms for most people, but for some, especially older adults and people with existing health problems, it can cause more severe illness or death. (AP Photo/Morry Gash)
Virus Outbreak Wisconsin Election
Voters masked against coronavirus line up at Riverside High School for Wisconsin's primary election Tuesday April 7, 2020, in Milwaukee. The new coronavirus causes mild or moderate symptoms for most people, but for some, especially older adults and people with existing health problems, it can cause more severe illness or death. (AP Photo/Morry Gash)
Virus Outbreak Wisconsin Election
Voters masked against coronavirus line up at Riverside High School for Wisconsin's primary election Tuesday April 7, 2020, in Milwaukee. The new coronavirus causes mild or moderate symptoms for most people, but for some, especially older adults and people with existing health problems, it can cause more severe illness or death. (AP Photo/Morry Gash)
APTOPIX Election 2020 Wisconsin
Bridget McDonald, right, receives a ballot from poll worker Patty Piek-Groth on Tuesday, April 7, 2020, at the Janesville Mall in Janesville, Wis. Hundreds of voters in Wisconsin are waiting in line to cast ballots at polling places for the state's presidential primary election, ignoring a stay-at-home order over the coronavirus threat. (Angela Major/The Janesville Gazette via AP)
Wisconsin Election 2020
In this photo provided by Robin Vos, the Republican speaker of the Wisconsin Assembly, Vos is shown wearing a mask, gloves and a protective gown while working at the polls in Burlington, Wis., on Tuesday, April 7, 2020. Vos sued Democratic Gov. Tony Evers, who tried to stop the election due to fears of coronavirus, but the Wisconsin Supreme Court said Evers didn't have the authority to stop the election. Vos said the election could be run safely despite public health warnings about the risk of spreading the virus. (Photo courtesy of Robin Vos via AP)
APTOPIX Election 2020 Wisconsin
Robert Forrestal, left, wears a full face chemical shield to protect against the spread of coronavirus, as he votes Tuesday, April 7, 2020, at the Janesville Mall in Janesville, Wis. Hundreds of voters in Wisconsin are waiting in line to cast ballots at polling places for the state's presidential primary election, ignoring a stay-at-home order over the coronavirus threat. (Angela Major/The Janesville Gazette via AP)
Virus Outbreak Wisconsin Election
Voters masked against coronavirus line up at Riverside High School for Wisconsin's primary election Tuesday April 7, 2020, in Milwaukee. The new coronavirus causes mild or moderate symptoms for most people, but for some, especially older adults and people with existing health problems, it can cause more severe illness or death. (AP Photo/Morry Gash)
Masked poll worker
Scott Hanna staffs a curbside voting location outside Madison's East High School Tuesday wearing a mask and face shield to protect himself and voters from COVID-19.
Election 2020 Wisconsin
Poll worker Patty Piek-Groth, left, helps fellow poll worker Jerry Moore, center, put on a mask to prevent the spread of coronavirus, as the polls open for the presidential primary election at the Janesville Mall in Janesville, Wis., on Tuesday, April 7, 2020. Hundreds of voters in Wisconsin are waiting in line to cast ballots at polling places for the state's presidential primary election, ignoring a stay-at-home order over the coronavirus threat. (Angela Major/The Janesville Gazette via AP)
Middleton votes
About 30 people, many of them wearing masks, were in line when the polls opened in Middleton at Kromrey Middle School. However, after the initial rush, the waits were few as more than 8,000 people had voted absentee prior to Tuesday
Ed Treleven | Wisconsin State Journal
Ed Treleven is the courts reporter for the Wisconsin State Journal.
