Judge won't delay next week's Wisconsin primary over coronavirus concerns

[Judi Lynn]

Source: NBC News


The judge did ease some restrictions for absentee voting.



Jill Mickelson helps a drive-up voter in Milwaukee on Monday, March 30, 2020.Morry Gash / AP

April 2, 2020, 3:31 PM CDT
By Pete Williams

A federal judge said Thursday that he lacks authority to delay the primary election next week in Wisconsin, although he blasted state officials for failing to do so.

U.S. District Judge William Conley denied an emergency request from state Democrats and voting rights groups who said the stay-at-home order prompted by the coronavirus pandemic would make voters unwilling to wait in lines to register or pick up absentee ballots or to go to the polls Tuesday.

But Conley did ease restrictions for absentee voting, requiring the state to count any ballots it receives by April 13, provided they are postmarked no later than Election Day. He also lifted the requirement that absentee voters must have their ballots signed by a witness, which was a big concern for people who live alone.

Full coverage of the coronavirus outbreak

"A consequence of these measures may be to further the public health crisis in the state. Unfortunately, that is beyond the power of this court to control," he said in a 53-page ruling issued late Thursday.

Read more: https://www.nbcnews.com/politics/2020-election/judge-won-t-delay-wisconsin-s-april-7-primary-election-n1175386

[The Magistrate]

1. It Looks To Me, Ma'am, Like Best Decision Possible

He really did not have authority to call off or postpone to some date the election. It is more than a primary, there is a state Supreme Court seat elction, and doubtless other things. The legislature and governor would need to pass and sign a law to set a new date.


"This the best world possible. Everything in it is a necessary evil."

[The Magistrate]

3. It Is A Fairly Subtle Point, Sir

While he could have halted the election, he could not have set a future date. The test is whether the harm to Constitutional rights of people discouraged by fear from voting outweighs the Constitutional rights of everyone to participate in an election as scheduled. He had also to weigh the great body of precedent by which the extreme remedy of halting an election must be very sparingly employed. The extension of mail-in deadlines is an attempt to mitigate the harm done to the Constitutional rights of persons with well grounded fear of crowds in present conditions, while the Constitutional right of all to participate in a scheduled election is vindicated, as precedent certainly directs.