The Wisconsin Supreme Court has ruled in favor of Mark Jefferson and the Republican Party of Wisconsin.
But the court noted that a determination must be make in every case before tossing a ballot, as President Trump has sought in a separate lawsuit.
Under Wisconsin law, a voter may receive a ballot by mail and bypass Wisconsin’s voter ID law, if the voter, by his own determination, concludes he “confined” based on age, physical illness, or infirmity. This fall, roughly 215,000 voters in Wisconsin said they were indefinitely confined, nearly a four-fold increase from the 2016 election.
The court said the government’s interpretation of Wisconsin’s indefinitely confined was erroneous. “A county clerk may not “declare” that any elector is indefinitely confined due to a pandemic,” the court said. The court further stated that, “…the presence of a communicable disease such as COVID-19, in and of itself, does not entitle all electors [voters] in Wisconsin to obtain an absentee ballot…”
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