Wisconsin War Game Scenario Overview
Election Law War Game
Date: December 7, 2012
Event: Civil Law Seminar
Location: Neenah, WI
Download the Wisconsin War Game Scenario Overview (PDF)
Scenario Overview
On Tuesday, November 4, 2014, Wisconsin voters will go to the polls to elect a new Governor. However, in the weeks preceding the election, many voters cast their ballots via absentee ballot. Wisconsin allows "no excuse" absentee voting, and ballots may be cast in person at the municipal clerk's office or by mail.
Observers expect a close election between the Democratic and Republican candidates, who have been tied in the polls. Recent gubernatorial elections in Wisconsin have been especially heated. Parties, unions, corporate interests, and super PACs have spent nearly $80 million on the race. These groups have launched aggressive get-out-the-vote efforts throughout the state. Election officials expect high turnout and a narrow margin of victory. Several third-party candidates are also running, and the race has gained national attention.
Two weeks before the election, municipal clerks across the state report a spike in spoiled ballots. Due to the design of the ballot, many voters "over vote" by selecting two candidates for Governor — one from a party with its own line, and one from a grouped box listing three additional third-party candidates.
Some voters recognized the error and returned their ballots to the municipal clerk to spoil and recast them. Others only noticed the over vote after casting their absentee ballots.
After consulting with the Government Accountability Board (G.A.B.), election officials in most areas allowed voters in this second group — those who had already submitted their absentee ballots — to spoil the over voted ballots and vote again. Officials cited Wis. Stat. § 6.80(2)(c):
"Any elector who, by accident or mistake, spoils or erroneously prepares a ballot may receive another, by returning the defective ballot, but not to exceed 3 ballots in all."
However, in Stone County, municipal clerks took a different position. They denied new ballots to voters who had already submitted absentee ballots, citing Wis. Stat. § 6.86(6):
"[I]f an elector mails or personally delivers an absentee ballot to the municipal clerk, the municipal clerk shall not return the ballot to the elector. An elector who mails or personally delivers an absentee ballot to the municipal clerk at an election is not permitted to vote in person at the same election on Election Day."
As a result, 247 Stone County voters who returned to municipal clerks' offices to request new ballots were denied.
One such voter, Carey Kleinman, mailed her absentee ballot three weeks before the election and later realized she had over voted. Her request to spoil and recast the ballot was denied under § 6.86(6). Kleinman now seeks relief from the Stone County Circuit Court and the G.A.B., requesting an injunction or writ of mandamus. She asks that clerks be required to allow voters to recast spoiled absentee ballots (if requested within statutory deadlines), and that the spoiled ballots be destroyed.