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Wisconsin Supreme Court changes course, will allow expanded use of ballot drop boxes this fall

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Wisconsin Supreme Court changes course, will allow expanded use of ballot drop boxes this fall


Madison, Wis. — The Wisconsin Supreme Court ruled Friday that officials can place ballot drop boxes around their communities in this fall’s elections, overturning its own ruling two years ago limiting their use in the presidential swing state.

The court limited the use of drop boxes in July 2022, ruling then that they could be placed only in local election clerks’ offices and no one other than the voter could return a ballot in person.

Conservatives controlled the court at that time, but Janet Protasiewicz’s election victory in April 2023 flipped the court to liberal control. Seeing an opening, Priorities USA, a progressive voter mobilization group, asked the court in February to revisit the decision.

At least 29 other states allow for absentee ballot drop boxes, according to the U.S. Vote Foundation, and expanded use in Wisconsin could have major implications in the presidential race.

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Wisconsin again figures to be a crucial swing state after President Joe Biden barely won it in 2020 and Donald Trump narrowly took it in 2016. Democrats believe that making it easier to vote absentee will boost turnout for their side.

The justices announced in March they would review the ban on drop boxes but wouldn’t consider any other parts of the case. The move drew the ire of the court’s conservatives, who accused the liberals of trying to give Democrats an advantage this fall. Democratic Gov. Tony Evers in April urged the court to again allow drop boxes.

The court ruled 4-3 on Friday that drop boxes can be utilized in any location.

Justice Ann Walsh Bradley, one of the court’s four liberal justices, wrote for the majority that placing a ballot in a drop box set up and maintained by a local election clerk is no different than giving the ballot to the clerk, regardless of the box’s location. Local clerks have great discretion in how they administer elections and that extends to using and locating drop boxes, she added.

“Our decision today does not force or require that any municipal clerks use drop boxes,” Bradley wrote. “It merely acknowledges what (state law) has always meant: that clerks may lawfully utilize secure drop boxes in an exercise of their statutorily-conferred discretion.”

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All three conservative justices dissented. Justice Rebecca Bradley wrote that the liberals are simply trying to advance their political agenda and criticized them for ignoring the precedent set by the 2022 ruling.

“The majority in this case overrules (the 2022 decision) not because it is legally erroneous, but because the majority finds it politically inconvenient,” Bradley wrote. “The majority’s activism marks another triumph of political power over legal principle in this court.”

The popularity of absentee voting exploded during the pandemic in 2020, with more than 40% of all voters casting mail ballots, a record high. At least 500 drop boxes were set up in more than 430 communities for the election that year, including more than a dozen each in Madison and Milwaukee — the state’s two most heavily Democratic cities.

Trump and Republicans have alleged that drop boxes facilitated cheating, even though they offered no evidence. Democrats, election officials and some Republicans argued the boxes are secure and an Associated Press survey of state election officials across the U.S. revealed no cases of fraud, vandalism or theft that could have affected the results in 2020.

Republicans who control the Wisconsin Legislature intervened in the case, arguing that the justices should leave the 2022 ruling alone. Their attorney, Misha Tseytlin, didn’t immediately respond to an email seeking comment Friday.

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Matt Fisher, a spokesperson for the state Republican Party, called the decision a “setback.”

“This latest attempt by leftist justices to placate their far-left backers will not go unanswered by voters,” he said in a statement.

Dane County Clerk Scott McDonell, who administers elections in the state’s most Democratic county, called drop boxes a “common sense tool.” He said they make the election process more convenient and easier for rural and disabled voters and help reduce that number of ballots that arrive after election day too late to be counted.

“Having drop boxes in place for the 2024 elections in August and November will encourage civic participation in our democracy,” McDonell said in a statement.



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President of Wisconsin’s largest mosque released from ICE custody

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President of Wisconsin’s largest mosque released from ICE custody


A federal judge has ordered the release of the president of Wisconsin’s largest mosque, after finding that immigration officials probably detained him in retaliation against his public advocacy for Palestinian rights, suppressing his first amendment rights in the process.

The US district judge James Patrick Hanlon’s order on Thursday marked a sharp rebuke against Trump officials, including the secretary of state, Marco Rubio, who had tried to paint Salah Sarsour as a national security threat.

“Salah Sarsour, who has lived in this country for more than three decades and served as a core pillar in his community without any issues, should never have been detained in the first place,” his legal team wrote in a statement. “While we continue to fight these baseless claims in court, today is about celebrating a family being reunited. It is also a sober reminder that, if the government can target Mr Sarsour, everyone’s free speech rights are at risk.”

Sarsour describes himself as a stateless Palestinian, according to the order. Immigration and Customs Enforcement (ICE) says that he is a Jordanian citizen. He has lived in the United States for more than three decades, becoming a legal permanent resident in 1998. Immigration officials approved Sarsour’s citizenship application decades ago, though he did not naturalize.

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Sarsour has garnered public attention as a champion for Palestinian rights, and serves as a board member of an advocacy group called American Muslims for Palestine.

But Rubio personally signed off on a memo to the DHS last year describing Sarsour as deportable despite his green card, because “his actions undermine US foreign policy to combat antisemitism around the world”. The memo, cited in Hanlon’s order, accuses Sarsour’s group of being “found to have been involved in activities providing funds to Hamas”.

A group of plainclothes ICE officers from at least 10 unmarked vehicles swarmed Sarsour on 30 March of this year, arresting him and putting him in deportation proceedings. ICE ultimately detained him in Clay county jail in Indiana.

Sarsour lost 30lb while detained, the order says. His lawyers told the court that he was “at constant risk of developing serious complications from diabetes given that the medical staff only checks his blood-sugar levels once a month”. Tightly controlling diabetes typically requires multiple glucose checks daily.

Hanlon’s order says that homeland security officials and Rubio probably trampled on Sarsour’s first amendment right to free speech and appeared to have arrested him in retaliation for his Palestinian rights advocacy.

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The order cited a New York Times story and the website for the Heritage Foundation, the conservative thinktank that dreamed up Project 2025,

The Heritage Foundation presented the White House with the idea to present prominent foreign-born Muslims and Palestinian rights leaders as terrorists in order to sue them, deport them or pressure employers to fire them, the order says, citing reporting from the Times and Heritage’s own website. Sarsour was probably among the targets of that campaign, the order says.

The federal government, through its lawyers, contended that Sarsour should be deported based on two convictions from more than three decades ago in Israel – one for throwing a molotov cocktail and the other for attempting to store weapons and ammunition.

Sarsour denies having committed those crimes.

But Hanlon viewed those crimes as a non-issue for justifying his incarceration, noting that the federal government knew about them since the 1990s and approved his legal permanent residency and his citizenship application anyway.

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Sarsour’s speech on Palestinian rights “is core political speech and squarely within the scope of the First Amendment”, the order says. “Mr Sarsour has submitted evidence allowing a reasonable inference that his protected speech was ‘at least a motivating factor’ in Respondents’ decision to detain him.”

A spokesperson for homeland security described Sarsour as a “terrorist”, citing the convictions from his youth in Israel.

Government lawyers had argued that Sarsour did not have the same first amendment rights as US citizens. If he were released, they said, he should have to pay a $25,000 bond, wear an ankle monitor, check in routinely with ICE and remain confined to his house.

Instead, Hanlon ordered his release on personal recognizance, meaning that Sarsour does not have to pay a cash bond to compel him to show up in court again. The order, however, requires him to remain in the state of Wisconsin.



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Couple asks Wisconsin Supreme Court to hear Brewers 50-50 raffle prize dispute

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Couple asks Wisconsin Supreme Court to hear Brewers 50-50 raffle prize dispute


(WLUK) – A couple challenging the decision not to award them a 50-50 raffle prize at a Milwaukee Brewers game asked the Wisconsin Supreme Court to take the case, calling it one of “statewide importance.”

Matthew and Annette Flynn purchased ten raffle tickets at the July 7, 2023, game, and held the winning number which was originally selected for $13,000. According to court records, the raffle rules in effect at the time required the winning ticket holder to claim the prize at a designated 50-50 table by the end of the top of the seventh inning. Flynn said she did not see the winning number displayed or hear it announced and was directed by stadium personnel to another location before making her way to the claim table. Officials determined she did not arrive before the deadline and selected a new winning ticket.

The Flynns sued, but the circuit and appeals courts ruled the raffle’s rules gave the foundation sole discretion to determine the official winner and that the rules clearly stated a participant who failed to claim the prize within the specified time would be disqualified.

In a petition to the Wisconsin Supreme Court filed Wednesday, the Flynn’s asked the high court to take the case, saying the decision “affects not only the parties to this action but potentially every Wisconsin resident who participates in charitable raffles and similar gaming activities.”

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“This case presents significant questions concerning contractual discretion, discovery, judicial review of charitable gaming decisions, and the treatment of digital evidence within Wisconsin’s appellate system. For these reasons, Petitioners respectfully request that this Court grant review of the decision of the Court of Appeals,” the petition states.

The high court does not have to take the case. At some point, it will vote on if to take it. If it does, a months-long process to review the issues will begin. If it does not, the appeals court ruling would stand.

According to the rules posted on the Milwaukee Brewers’ website, the deadline to claim the prize is no longer during the game the tickets were purchased.

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“The Participant in possession of the Raffle ticket with the potential winning number may claim the Prize at the 50/50 Table located on the Loge (2nd) level concourse behind Sections 216/217 until such time as the Ballpark officially closes to fans after the end of the game. If the Participant in possession of the Raffle ticket with the potential winning number does not claim the Prize by the time the Ballpark closes to fans after the end of the game, that Participant may still claim the Prize within thirty (30) days after the conclusion of the Raffle Period for the respective baseball game by contacting the Raffle hotline (414-902-4334). A Prize that is not claimed within thirty (30) days after the conclusion of the Raffle Period will be awarded in compliance with applicable regulations,” the site states.



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Wisconsin DOJ probes fatal shooting by Oneida County officer

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Wisconsin DOJ probes fatal shooting by Oneida County officer


ONEIDA COUNTY, Wis. (WFRV) — The Wisconsin DOJ is investigating an officer-involved death that occurred on the morning of June 17 in the town of Lake Tomahawk.

According to a press release, around 10:30 a.m., two Oneida officers arrived at Lumen Lake Drive to arrest a subject in a felony investigation.

Upon contact with the officers, the subject brandished and shot a firearm. One officer shot the subject in return.

EMS pronounced the subject dead on the scene. No members of law enforcement or the public were injured.

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Both officers will be placed on administrative assignment, per the agency’s policy.

WFRV will update this story as needed.



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