On October 3, 2022, the Honorable Judge Michael J. Aprahamian of the Waukesha County Circuit Court issued a Permanent Injunction declaring two memoranda issued by the Wisconsin Elections Commission (WEC) invalid and contrary to law. The Permanent Injunction, attached to this memorandum, prohibits the WEC from disseminating or displaying the following memoranda:
1) The October 18, 2016, memorandum entitled, “AMENDED: Missing or Insufficient Witness
Address on Certificate Envelopes”
2) The October 19, 2020, memorandum entitled, “Spoiling Absentee Ballot Guidance”
The Court further prohibited WEC from providing any advice or guidance that municipal clerks or other local election officials have the duty or ability to modify or add information to absentee ballot certifications. The Court additionally prohibited WEC from giving any advice or guidance contrary to the provision in Wis. Stat. § 6.87 that, if a municipal clerk receives an absentee ballot with an improperly completed certificate or with no certificate, the clerk may return the ballot to the elector, inside the sealed envelope when an envelope is received, together with a new envelope if necessary, whenever time permits for the elector to correct the defect and return the ballot by the applicable deadline. See, Wis. Stat. § 6.87(9).
Pursuant to the Permanent Injunction of October 3, 2022, this communication is hereby issued to give notice that the WEC memoranda of October 18, 2016, and October 19, 2020, have been declared invalid and contrary to law and have been withdrawn. The Court stated that the Permanent Injunction is not “intended, nor shall be construed, to enjoin WEC from issuing or distributing its guidance regarding the definition of ‘address’ as used in Wis. Stat. § 6.87.” With respect to witness address content, please refer to the Commission’s memoranda concerning
League of Women Voters of Wisconsin v. WEC, et al. and Rise, Inc., et al. v. WEC et al. issued on February 9, 2024.
Please review this notice and the attached Permanent Injunction with your municipal attorney to determine if any changes to your procedures are required.
Please contact the WEC Help Desk at @email or at 608-261-2028 with any questions. Thank you for your prompt attention to this matter. This memorandum was reviewed and approved by the six members of the Wisconsin Elections Commission at their February 8, 2024, public meeting.