In appeal, Madison warns disenfranchisement ruling could trigger wave of election lawsuits
The City of Madison on Monday appealed a ruling that allows it to be sued for monetary damages for disenfranchising nearly 200 voters in the 2024 election, arguing the decision would unrealistically require “error-free elections” and expose municipalities across the state to liability for mistakes.
The appeal comes after Dane County Circuit Court Judge David Conway Feb. 9 ruling that Madison could face potential financial liability for disenfranchising 193 voters whose absentee ballots were unintentionally left uncounted. Notably, the city did not specifically contest the judge’s rejection in that ruling of its earlier argument that absentee voting is merely a “privilege” under state law — a claim that would have shielded it from damages.
Instead, the appeal centers on who has the authority to enforce election laws and whether voters can sue for negligence. The city argues that such complaints must go first to the Wisconsin Elections Commission and asks higher courts to revisit a landmark 1866 case that allowed damages against election officials who deprive citizens of the right to vote.
“It is not difficult to imagine how the circuit court’s ruling may be perceived as an opportunity by partisan actors to influence the election,” attorneys for the city, former Clerk Maribeth Witzel-Behl, and Deputy Clerk Jim Verbick wrote in the filing.
https://www.votebeat.org/wisconsin/2026/02/26/madison-appeals-case-allowing-damages-for-2024-disenfranchisement/
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