Voters in Wisconsin whose absentee ballots don’t arrive by Election Day should be allowed to cast provisional ballots at the polls to ensure their votes are counted, a lawsuit filed Friday argues.

Concerns Over Mail Delivery

The lawsuit comes amid growing concerns about how quickly the United States Postal Service will be able to deliver ballots ahead of the November midterms. Control of Congress is at stake, and Wisconsin voters will be electing a new governor as well as determining control of the Legislature.

The bipartisan Wisconsin Elections Commission warned the U.S. postmaster general in May that any delay could deprive citizens of their fundamental right to vote. In January, a group of mostly Democratic U.S. senators also wrote the postal service, raising concerns that a change in how it postmarks mail could invalidate many mail-in ballots.

In Wisconsin, at least hundreds of ballots were not counted in the April election because they arrived late, based on an elections commission survey of election clerks. More than 300 ballots in Milwaukee and more than 100 in Fond du Lac were rejected for arriving too late.

Lawsuit Details

The lawsuit was filed in Dane County circuit court by the Law Forward firm and the Fair Elections Center on behalf of a voter and the League of Women Voters of Wisconsin. A spokesperson for the elections commission had no immediate comment.

“Every voter in Wisconsin that puts an accurately requested absentee ballot in the mail on time expects their vote will be counted,” said Debra Cronmiller, executive director of the League of Women Voters of Wisconsin, in a statement. “Delays in mail delivery prevent that. It is time to have a remedy for these eligible voters.”

Currently in Wisconsin, voters are prohibited from casting a provisional ballot in person on Election Day. The lawsuit is asking a judge to rule that if a voter’s absentee ballot has not arrived, they can then cast a provisional ballot. Absentee voters in the state can track the status of their ballots, so they would know on Election Day whether it has been received.

Provisional ballots are set aside by election officials and only counted if a voter’s absentee ballot is not delivered on time. If the absentee ballot does arrive on time, the provisional ballot would not be counted.

Original reporting: KTBS 3 (Shreveport) — read the source article.