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UPDATED

A ‘win for the rule of law’

By M.D. Kittle

MADISON — This week delivered a win for voter integrity and the rule of law.

A Kenosha County Judge on Tuesday told the city of Kenosha it must comply with the Wisconsin Supreme Court’s ruling that ended the use of unmanned absentee ballot drop boxes.

The city had moved to dismiss a lawsuit, filed by the Thomas More Society, arguing the complaint was “moot” because the Supreme Court had decided the matter. But Thomas More Society attorney Erick Kaardal refuted the dismissal, noting that the city had yet to change its 2020 policies allowing for drop boxes.

The case was dismissed without prejudice based on the Kenosha’s representation that it would never use absentee ballot drop boxes again. Kaardal and the voters represented by the Thomas More Society are welcome to return with another lawsuit should Kenosha not comply with the ruling, the judge said.

“This was a big win for rule of law. The City of Kenosha, a serial violator of election law, promised to comply with election law. That is winning,” Kaardal said.

Kenosha was a member of the notorious “Wisconsin 5,” the largest cities in Wisconsin that received the vast majority of the millions of dollars in so-called “safe elections” grants from a liberal voting activist group funded by Facebook founder Mark Zuckerberg. Kenosha, Milwaukee, Madison, Green Bay and Racine split about $10 million. They also signed contracts that allowed liberal activists to be embedded in their election offices leading up to and through the 2020 presidential election.

In July, a 4-3 decision by the Wisconsin Supreme Court found the use of unstaffed absentee ballot drop boxes illegal.

The drop boxes, widely used in Wisconsin’s contentious 2020 presidential election, raised questions and concerns about the integrity of a flood of mail-in and dropped-off ballots amid a pandemic. They also were clearly a violation of state law, according to the majority opinion written by Justice Rebecca Grassl Bradley.

“Only the legislature may permit absentee voting via ballot drop boxes. WEC (Wisconsin Election Commission) cannot,” she wrote. “Ballot drop boxes appear nowhere in the detailed statutory system for absentee voting. WEC’s authorization of ballot drop boxes was unlawful…”

The Wisconsin 5 cities, which have resisted subpoenas seeking records of their activities during the election period, have also resisted challenges to policies that have run afoul of the state’s voting laws and have threatened voter integrity.

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