Wisconsin
Federal Judge Upholds Wisconsin’s Absentee Ballot Witness Requirement
WASHINGTON, D.C. — A federal judge this afternoon upheld a Wisconsin law that requires absentee voters to complete their ballots in the presence of an adult witness, who must complete a written certificate containing a signature and address.
In a federal lawsuit filed last fall, four individual Wisconsin voters alleged that the state’s witness requirement violates Section 201 of the Voting Rights Act of 1965 (VRA). This lesser known section of the famous federal voting legislation prohibits denying the right to vote on the basis of a citizen’s failure to comply with a “test or device.”
Under the law, tests or devices include the “requirement that a person as a prerequisite for voting…prove his qualifications by the voucher of registered voters or members of any other class.” Section 201’s ban on “tests or devices” was codified in the original 1965 VRA to outlaw a discriminatory post-Civil War voting practice in which prospective voters would need a “supporting witness” to affirm their qualifications.
In addition to their VRA claim, the voters argued that the witness requirement contravened the Materiality Provision of the Civil Rights Act, which protects against disenfranchisement on the basis of trivial errors that are immaterial to a voter’s eligibility. The lawsuit pointed to the fact that during the 2022 midterm elections alone, over 2,200 absentee ballots were rejected due to witness certificate issues, such as a missing witness zip code.
In today’s ruling, Obama-appointed Judge James D. Peterson rejected both of the plaintiffs’ arguments. As for the voters’ VRA claim, Peterson wrote: “The bottom line is that the only reasonable interpretation of [Wisconsin law] requires a witness to certify that the voter prepared the ballot correctly; it does not require the witness to certify the voter’s qualifications.”
In terms of the voters’ Materiality Provision arguments, Peterson concluded that the “Provision does not apply to the witness requirement because it does not relate to “any application, registration, or other act requisite to voting.” The court relied heavily on a recent decision from the 3rd U.S. Circuit Court of Appeals in which a three-judge panel held that the rejection of mail-in ballots with an incorrect or missing date did not violate the Materiality Provision.
According to both Peterson and the 3rd Circuit’s reasoning, the Materiality Provision only applies to determinations regarding whether a person is qualified to vote. “The witness requirement is not a process for determining voter qualifications, so the Materiality Provision simply does not apply to it,” the opinion reads.
As a result of today’s ruling, Wisconsin’s absentee voters must continue to fill out their ballots in the presence of a witness, who is required to complete a signed certificate.
Meanwhile, litigation is ongoing in two state-level lawsuits concerning what components of a witness address are sufficient to have an absentee ballot counted.
In a set of January rulings, a Wisconsin judge held that any witness address information on the ballot certificate that is enough to identify a location where a witness can be reached is adequate. The judge also ruled that the rejection of absentee ballots due to certain witness address errors violates the Civil Right Act’s Materiality Provision. Wisconsin’s Republican-controlled Legislature appealed the rulings, which are currently being litigated in the Wisconsin Court of Appeals.
According to Democracy Docket’s database, there are five ongoing lawsuits surrounding absentee voting in Wisconsin. Earlier this year, voting rights groups filed a legal challenge to Minnesota’s witness requirement, which is currently proceeding in a Minnesota trial court.
Read the opinion here.
Learn more about the case here.
Wisconsin
Wisconsin DNR opens 2026 elk season applications March 1, with more Central Zone tags
(WLUK) — Applications for Wisconsin’s 2026 elk season open next week.
The DNR says the application period begins Sunday, Mar 1 and will close on Sunday, May 31.
Selected applicants will be notified in early June.
For the third year in a row, there will be increased opportunity to pursue elk within the Central Elk Management Zone (formerly Black River Elk Range), as additional bull elk and antlerless harvest authorizations will be available through the state licensing system. The 2026 elk quota for the Central Elk Management Zone is six bull elk and six antlerless elk, up from a quota of four bull and five antlerless in 2025.
The Northern Elk Management Zone (formerly Clam Lake Elk Range) quota will be eight bull elk, subject to a 50% declaration by Ojibwe tribes.
During the open application period, applicants will have the choice to submit one bull elk license application and/or one antlerless elk license application, separately. Applicants can apply to any unit grouping with an associated quota for that authorization type (bull or antlerless). The order of drawing will be bull licenses first, followed by antlerless licenses. As a reminder, only one resident elk hunting license can be issued or transferred to a person in their lifetime, regardless of authorization type.
In 2026, there will be one continuous hunting season, opening Saturday, Oct. 17, and continuing through Sunday, Dec. 13, eliminating the split-season structure that was in effect from 2018-2025. This offers elk hunters more opportunities and flexibility to pursue elk in Wisconsin.
Wisconsin residents can submit elk license applications online through the Go Wild license portal or in person at a license sales agent. The application fee is $10 for each of the bull elk and antlerless elk drawings and is limited to one application per person, per authorization type. The DNR recommends that all applicants check and update their contact information to ensure contact with successful applicants.
For each application fee, $7 goes directly to elk management, monitoring and research. These funds also enhance elk habitat, which benefits elk and many other wildlife. If selected in the drawing, an elk hunting license costs $49.
Before obtaining an elk hunting license, all selected hunters must participate in a Wisconsin elk hunter education course. The class covers Wisconsin elk history, hunting regulations, biology, behavior and scouting/hunting techniques.
Wisconsin
Winter transition will bring spring swings to Northeast Wisconsin
(WLUK) — Snow remains deep across parts of the Northwoods and the Upper Peninsula, even though much of Northeast Wisconsin has seen notable snow-melting heading toward spring.
It’s connected to a shift in Pacific climate patterns.
As of Thursday, 75.1% of the Northern Great Lakes area was covered by snow. Snow depth across the Northwoods and the U.P. ranges from 20 to 30 inches, with areas along and north of Highway 8 in Wisconsin at about 20 inches.
But farther south, significant snowmelt has occurred over the last few weeks across Northeast Wisconsin and the southern half of the state.
Looking ahead, an ENSO-neutral spring is looking likely, meaning Pacific Ocean temperatures are not notably above or below average. Conditions tend to be more normal and seasonal, though that does not guarantee typical weather.
La Niña occurs when the Pacific Ocean has below-average temperatures across the central and east-central portions of the equatorial region. El Niño is the opposite, with warmer ocean temperatures in those regions. Those shifts influence weather across the United States and globally.
In Wisconsin, a La Niña spring is usually colder and wetter, while an El Niño spring brings warmer and drier conditions. During a neutral period, neither El Niño nor La Niña is in control and weather can swing either direction.
Despite the snowpack up north, the 2026 spring outlook from Green Bay’s National Weather Service leans toward a low flood risk, because ongoing drought in parts of the state is helping to absorb snowmelt.
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Dry conditions are also raising fire concerns in several parts of the country. Low snowfall in states out west is increasing wildfire concerns, and those areas are already experiencing drought. Wildfire activity can increase quickly if above-normal temperatures and below-normal precipitation continue into spring. About half of the lower 48 states are in drought this week — an increase of 16% since January.
Wisconsin
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