Judge extends Wisconsin's mail-in voting deadline..[updated]

[mystery-ak]

Judge extends Wisconsin's mail-in voting deadline
By Harper Neidig - 09/21/20 05:53 PM EDT

A federal judge ruled on Monday that Wisconsin must extend its deadlines for accepting mail-in ballots and for voters to register.

Judge William Conley, of the U.S. District Court for the Western District of Wisconsin, ruled that an injunction against the state's election laws is "necessary to avoid an untenable impingement on Wisconsin citizens’ right to vote, including the near certainty of disenfranchising tens of thousands of voters relying on the state’s absentee ballot process."

He ordered the state to accept ballots received on or before Nov. 9, as long as they are postmarked on or before Election Day, extending the previous deadline for mail-in ballots that was set for October 29.


Conley, who was appointed by former President Obama, also extended the deadline for online and mail-in registration from Oct. 14 to Oct. 21.

However, recognizing that his decision would likely be appealed, the judge stayed his order from going into effect for a week and urged voters to register before the October 14 deadline.

more
https://thehill.com/regulation/517459-judge-extends-wisconsins-mail-in-voting-deadline

[jafo2010]

The Democommies will pull any stunt to cheat their way to victory.

If Republicans turn out to the polls and vote in November, this election will be over.  Vote in person if you are Republican or run the risk a liberal postal worker tosses your ballot in the trash can.

[Fishrrman]

jafo wrote:
"If Republicans turn out to the polls and vote in November, this election will be over.  Vote in person if you are Republican or run the risk a liberal postal worker tosses your ballot in the trash can."

That's just what I've been posting here several times already.

A vote cast in person on election day could be "worth more" than one mailed in, or possibly SEVERAL ballots mailed in, if they don't get delivered and counted.

Republicans should vote in person whenever possible.

[sneakypete]

Conley, who was appointed by former President Obama,

There's a shock,huh?

[RedHead]

jafo wrote:
"If Republicans turn out to the polls and vote in November, this election will be over.  Vote in person if you are Republican or run the risk a liberal postal worker tosses your ballot in the trash can."

How will the postal worker know your vote is for the conservative candidate?

[verga]

How will the postal worker know your vote is for the conservative candidate?

Mail in ballots in many states have and "D" or and "R" next to your name on the envelope. Funny how that works

[mystery-ak]

Joel B. Pollak 22 Sep 2020

A ruling Monday by a federal judge in Wisconsin that would extend the counting of mail-in ballots six days beyond Election Day would also allow those ballots to be counted even if there is no “definitive” sign of a postmark.

U.S. District Judge William Conley of the Western District of Wisconsin — an appointee of President Barack Obama — ruled that absentee ballots in the state can be counted until Nov. 9 as long as they are postmarked by Election Day, Nov. 3. He cited the state’s difficult experience in the recent primary election, as well as projected difficulties with the U.S. Post Office as it handles an unprecedented number of mailed-in ballots.

In a footnote, Conley added:

Given the political deadlock among WEC Commissioners and the apparent lack of state law guidance on this subject — as well as the fact that this postmark requirement is federally mandated and the apparent importance of equal treatment of ballots after Bush v. Gore, 531 U.S. 98 (2000) — it is this court’s view that local election officials should generally err toward counting otherwise legitimate absentee ballots lacking a definitive postmark if received by mail after election day but no later than November 9, 2020, as long as the ballot is signed and witnessed on or before November 3, 2020, unless there is some reason to believe that the ballot was actually placed in the mail after election day.

That echoes last week’s ruling by the Pennsylvania Supreme Court, which ruled that mailed-in ballots should be counted up to three days after Election Day even if they did not have a postmark, unless there was a preponderance of evidence to believe that any particular ballot had been mailed after the deadline.

more
https://www.breitbart.com/politics/2020/09/22/wisconsin-ruling-allows-mail-in-ballots-to-be-counted-without-definitive-postmarks/

[Cyber Liberty]

Mail in ballots in many states have and "D" or and "R" next to your name on the envelope. Funny how that works

Fortunately that little scheme has been exposed, and Secretaries of State are under great pressure to stop the practice of embedding a "D" or "R" in the serial numbers on the envelopes.  That said, I still don't trust the postal workers.  They donate about 90% to Rats.

[RedHead]

Mail in ballots in many states have and "D" or and "R" next to your name on the envelope. Funny how that works

Hilarious.  Those are primary ballots for states with closed primaries.  An 'R' ballot contains only Republican candidates and a 'D' ballot only contains Democrat candidates. The ballots for the general election will not have party affiliation on it because it isn't needed.  I know because I've voted by mail in both kinds of elections in the past.

[Victoria33]

@mystery-ak
@Cyber Liberty
@corbe

Every state has election laws one can read on the web.  That includes Wisconsin.  Here is their election law regarding elections, and mail ballots.  This is only a small part of their election laws.  Go there to read more if you want to know more:

WISCONSIN ELECTION LAW
https://docs.legis.wisconsin.gov/statutes/statutes/5

CHAPTER 5
ELECTIONS — GENERAL PROVISIONS; BALLOTS AND VOTING SYSTEMS
SUBCHAPTER I
GENERAL PROVISIONS

5.05  Elections commission; powers and duties.
(1)  GENERAL AUTHORITY. The elections commission shall have the responsibility for the administration of chs. 5 to 10 and 12 and other laws relating to elections and election campaigns, other than laws relating to campaign financing. Pursuant to such responsibility, the commission may:

5.54  Notice to electors. Every ballot, except a voting machine ballot, shall bear substantially the following information on the face: “NOTICE TO ELECTORS: This ballot may be invalid unless initialed by 2 election inspectors. If cast as an absentee ballot, the ballot must bear the initials of the municipal clerk or deputy clerk."

5.55  Information. On every ballot, except a voting machine ballot, shall be printed “Official .... Ballot" or “Official .... Ballot for ...." followed by the designation of the polling place for which the ballot has been prepared, the date of the election, and the official endorsement and blank certificates. The number of the ward or wards or aldermanic district, if any, and the name of the municipality may be omitted in printing and stamped or written on the ballots at any location which is clearly visible at the option of the county clerk. Printed information and initials shall appear on the back and outside of the ballot.

VOTING BY MAIL

https://docs.legis.wisconsin.gov/statutes/statutes/6/iv/84

6.85  Absent elector; definition.
(1)  An absent elector is any otherwise qualified elector who for any reason is unable or unwilling to appear at the polling place in his or her ward or election district.

(2) Any otherwise qualified elector who changes residence within this state by moving to a different ward or municipality later than 28 days prior to an election may vote an absentee ballot in the ward or municipality where he or she was qualified to vote before moving.

(3) An elector qualifying under this section may vote by absentee ballot under ss. 6.86 to 6.89.

(4) (a) For the purpose of absentee voting in qualified retirement homes and residential care facilities, the municipal clerk or board of election commissioners of each municipality in which one or more qualified retirement homes or residential care facilities are located shall appoint at least 2 special voting deputies for the municipality. Except as provided in par. (am), upon application under s. 6.86 (1), (2), or (2m) by one or more qualified electors who are occupants of a home or facility, the municipal clerk or board of election commissioners of the municipality in which the home or facility is located shall dispatch 2 special voting deputies to visit the home or facility for the purpose of supervising absentee voting procedure by occupants of the home or facility. The clerk or board of election commissioners shall maintain a list, available to the public upon request, of each home or facility where special voting deputies are dispatched. The list shall include the date and time the deputies intend to visit each home or facility. The 2 deputies designated to visit each qualified retirement home and residential care facility shall be affiliated with different political parties whenever deputies representing different parties are available.

6.88  Voting and recording the absentee ballot.
(1)  When an absentee ballot arrives at the office of the municipal clerk, or at an alternate site under s. 6.855, if applicable, the clerk shall enclose it, unopened, in a carrier envelope which shall be securely sealed and endorsed with the name and official title of the clerk, and the words “This envelope contains the ballot of an absent elector and must be opened in the same room where votes are being cast at the polls during polling hours on election day or, in municipalities where absentee ballots are canvassed under s. 7.52, stats., at a meeting of the municipal board of absentee ballot canvassers under s. 7.52, stats." If the elector is a military elector, as defined in s. 6.34 (1), or an overseas elector, regardless of whether the elector qualifies as a resident of this state under s. 6.10, and the ballot was received by the elector by facsimile transmission or electronic mail and is accompanied by a separate certificate, the clerk shall enclose the ballot in a certificate envelope and securely append the completed certificate to the outside of the envelope before enclosing the ballot in the carrier envelope. The clerk shall keep the ballot in the clerk's office or at the alternate site, if applicable until delivered, as required in sub. (2).

(2) When an absentee ballot is received by the municipal clerk prior to the delivery of the official ballots to the election officials of the ward in which the elector resides or, where absentee ballots are canvassed under s. 7.52, to the municipal board of absentee ballot canvassers, the municipal clerk shall seal the ballot envelope in the carrier envelope as provided under sub. (1), and shall enclose the envelope in a package and deliver the package to the election inspectors of the proper ward or election district or, in municipalities where absentee ballots are canvassed under s. 7.52, to the municipal board of absentee ballot canvassers when it convenes under s. 7.52 (1). When the official ballots for the ward or election district have been delivered to the election inspectors before the receipt of an absentee ballot, the clerk shall immediately enclose the envelope containing the absentee ballot in a carrier envelope as provided under sub. (1) and deliver it in person to the proper election officials.

(3) (a) Except in municipalities where absentee ballots are canvassed under s. 7.52, at any time between the opening and closing of the polls on election day, the inspectors shall, in the same room where votes are being cast, in such a manner that members of the public can hear and see the procedures, open the carrier envelope only, and announce the name of the absent elector or the identification serial number of the absent elector if the elector has a confidential listing under s. 6.47

When the inspectors find that the certification has been properly executed, the applicant is a qualified elector of the ward or election district, and the applicant has not voted in the election, they shall enter an indication on the poll list next to the applicant's name indicating an absentee ballot is cast by the elector. They shall then open the envelope containing the ballot in a manner so as not to deface or destroy the certification thereon. The inspectors shall take out the ballot without unfolding it or permitting it to be unfolded or examined. Unless the ballot is cast under s. 6.95, the inspectors shall verify that the ballot has been endorsed by the issuing clerk. If the poll list indicates that proof of residence under s. 6.34 is required and proof of residence is enclosed, the inspectors shall enter both the type of identifying document submitted by the absent elector and the name of the entity or institution that issued the identifying document on the poll list in the space provided. If the poll list indicates that proof of residence under s. 6.34 is required and no proof of residence is enclosed or the name or address on the document that is provided is not the same as the name and address shown on the poll list, the inspectors shall proceed as provided under s. 6.97 (2). The inspectors shall then deposit the ballot into the proper ballot box and enter the absent elector's name or voting number after his or her name on the poll list in the same manner as if the elector had been present and voted in person.

(b) When the inspectors find that a certification is insufficient, that the applicant is not a qualified elector in the ward or election district, that the ballot envelope is open or has been opened and resealed, that the ballot envelope contains more than one ballot of any one kind or, except in municipalities where absentee ballots are canvassed under s. 7.52, that the certificate of a military or overseas elector who received an absentee ballot by facsimile transmission or electronic mail is missing, or if proof is submitted to the inspectors that an elector voting an absentee ballot has since died, the inspectors shall not count the ballot. The inspectors shall endorse every ballot not counted on the back, “rejected (giving the reason)". The inspectors shall reinsert each rejected ballot into the certificate envelope in which it was delivered and enclose the certificate envelopes and ballots, and securely seal the ballots and envelopes in an envelope marked for rejected absentee ballots. The inspectors shall endorse the envelope, “rejected ballots" with a statement of the ward or election district and date of the election, signed by the chief inspector and one of the inspectors representing each of the 2 major political parties and returned to the municipal clerk in the same manner as official ballots voted at the election.

(c) The inspectors shall review each certificate envelope to determine whether any absentee ballot is cast by an elector whose name appears on the poll list as ineligible to vote at the election by reason of a felony conviction. If the inspectors receive an absentee ballot that has been cast by an elector whose name appears on the poll list as ineligible for that reason, the inspectors shall challenge the ballot as provided in s. 6.92 and treat the ballot in the manner provided in s. 6.95.
History: 1971 c. 304 s. 29 (2); 1975 c. 85, 199; 1977 c. 394 ss. 43, 53; 1979 c. 232, 260; 1983 a. 183, 484; 1987 a. 391; 1999 a. 49, 182; 2001 a. 38, 109; 2003 a. 265; 2005 a. 451; 2011 a. 23, 75, 227; 2013 a. 182; 2017 a. 369.

6.89  Absent electors list public. The municipal clerk shall keep a list of all electors who make application for an absent elector's ballot and who have voted under the absent elector provisions giving the name, address and date of application. The list shall be open to public inspection.

[Cyber Liberty]

@Victoria33

TL/DR, and I delegate the legalese to Mrs. Liberty.  Can you distill out the part that says it's OK to arbitrarily change deadlines as they're going along?

[mystery-ak]

@Victoria33

A judge is changing the rules...you can literally mail in ballots 6 days after the election without a postmark dated the 3rd of Nov

A ruling Monday by a federal judge in Wisconsin that would extend the counting of mail-in ballots six days beyond Election Day would also allow those ballots to be counted even if there is no “definitive” sign of a postmark.

[Victoria33]

@mystery-ak
@Cyber Liberty

The post I made shows mail ballot materials with every mail ballot must be checked to determine if it is valid.  That is why I posted how they are checked in Wisconsin.  Officers who check the ballot materials are called "Inspectors" in Wisconsin (read more about who the "Inspectors" are and how they check the mail ballots in the post I made.)  Here is a bit of that:

5.54  Notice to electors. Every ballot, except a voting machine ballot, shall bear substantially the following information on the face: “NOTICE TO ELECTORS: This ballot may be invalid unless initialed by 2 election inspectors. If cast as an absentee ballot, the ballot must bear the initials of the municipal clerk or deputy clerk."

The above is the beginning of ballots being checked.  After that beginning check, INSPECTORS MUST check each mail ballot. 

NOW, U.S. District Judge William Conley of the Western District of Wisconsin

"However, recognizing that his decision would likely be appealed, the judge stayed his order from going into effect for a week and urged voters to register before the Oct. 14 deadline."

He knows his decision will be appealed - I will stay on this to see what happens.