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Wisconsin Supreme Court’s liberal majority questions past ruling barring ballot drop boxes

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Wisconsin Supreme Court’s liberal majority questions past ruling barring ballot drop boxes


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MADISON, Wisc. — The new liberal majority of the Wisconsin Supreme Court on Monday questioned its conservative members’ past decision to bar state clerks from using absentee ballot drop boxes in a case that could impact turnout in a key swing state this November.

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Wisconsin’s highest court heard arguments Monday in a lawsuit backed by Democrats that seeks to overturn the court’s decision under its previous conservative majority that said state law does not allow drop boxes to be placed outside of an election clerk’s office and another ruling that prohibited clerks from filling in missing address information on absentee ballots.

“What if we just got it wrong?” said Justice Jill Karofsky, one of four members of the court’s liberal majority, referring to the court’s prior decision. “What if we made a mistake? Are we now supposed to just perpetuate that mistake into the future?”

The Wisconsin court in the coming weeks will decide whether to reinstate the use of absentee drop boxes, just before voters are set to cast ballots in the next presidential election featuring a rematch of President Joe Biden and former President Donald Trump.

Biden defeated Trump in Wisconsin by about 21,000 votes four years ago. Since then, Trump has sought to persuade lawmakers and judges to overturn the battleground state’s election result and in doing so, argued ballots returned in drop boxes amounted to voter fraud despite a lack of evidence to support the claim.

Critical tool for elections in 2020. Why are some states limiting drop boxes?

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‘Not something you were obviously concerned about at all in 2020’

Ballot drop boxes had been used since the 1980s or 1990s in Wisconsin and other states but exploded in popularity during the coronavirus pandemic — especially in liberal-leaning areas — to help voters cast ballots while limiting interaction with other people.

On Monday, the court’s liberal justices questioned the court’s 2022 decision to ban the boxes, with some arguments focusing on the state Legislature’s past statements of support for their use.

“This was not something you were obviously concerned about at all in 2020 when you said that these boxes were expressly authorized and lawful,” Justice Rebecca Dallet said Monday to an attorney representing Republican legislative leaders, who are in court defending the 2022 ruling outlawing drop boxes against the challenge brought by liberal group Priorities USA and the Wisconsin Alliance for Retired Voters.

“At that point in 2020 no one had raised any legal objections to drop boxes,” Misha Tseytlin, an attorney representing the Legislature, said in response.

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Conservative Justice Brian Hagedorn questioned why past policy positions mattered to the justices’ work on interpreting the law.

“We’ve had parties change their positions very recently in this court and other people haven’t been troubled by that — why does it matter that the Legislature takes a different view of the statute for us to read the statute faithfully?” Hagedorn said.

Drop boxes and state law

According to the National Conference of State Legislatures, some states have added language about drop boxes to state law. Many include standards about how many drop boxes must be available, based on population, or require one per county.

The plaintiff’s arguments amounted to asking the Wisconsin Supreme Court to become lawmakers, argued conservative Justice Rebecca Bradley.

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“You are asking this court to become a super Legislature and give free rein, despite what the statutes say, give free rein to municipal clerks to conduct elections however they see fit,” she said. “That, counsel, seems to me to be the greater danger to democracy because you’re asking this court to override what the Legislature wrote.”

Critics say drop boxes aren’t laid out in state law and that lawmakers, not the state elections commission, must create rules for them. Supporters say clerks have wide authority and discretion over what tools should be used to administer elections in their communities, an argument at least one liberal justice echoed Monday.

In spring 2021, there were about 570 drop boxes in Wisconsin, according to court filings. Out of Wisconsin’s 72 counties, at least 66 had drop boxes as of spring 2021, PolitiFact Wisconsin noted.

While Republicans have heavily scrutinized the use of drop boxes, they were used widely in Wisconsin, including in conservative areas.

If the Wisconsin court allows expanded use of drop boxes again, some cities with remaining drop box infrastructure may be able to open them back up quickly. Madison City Attorney Michael Haas said, for Madison, it would be a matter of unlocking the box and likely double-checking the video security.

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Contributing: Hope Karnopp, Milwaukee Journal Sentinel

Contact Molly Beck at molly.beck@jrn.com.



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Wisconsin teen who killed prison guard in fistfight pleads guilty but claims mental illness

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Wisconsin teen who killed prison guard in fistfight pleads guilty but claims mental illness


MADISON, Wis. — A Wisconsin teen who killed a prison guard during a fistfight pleaded guilty to homicide Friday but contends he doesn’t deserve prison time because he was mentally ill and not responsible for his actions.

Javarius Hurd, 17, entered a plea of guilty/not guilty by reason of mental disease or defect to one count of second-degree reckless homicide in connection with Corey Proulx’s death, online court records show. He also pleaded guilty to one count of battery by a prisoner. Prosecutors dropped a second battery count in exchange for the pleas.

The next step for Hurd will be a February trial in which jurors will determine whether he should be sentenced to prison or committed to a mental institution. Jurors will be asked to determine whether Hurd was indeed suffering from a mental disease at the time of the fight and, if so, whether the mental disease impaired his ability to act within the law.

“Javarius entered into a plea agreement that partially resolves the case involving the sad and tragic death of (Proulx),” Hurd’s attorney, Aaton Nelson, said in an email to The Associated Press. “Javarius, who has had a life filled with trauma and suffering, realizes that nothing will compensate the victims for their loss and suffering. We hope that this agreement will help all those suffering with their healing.”

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According to court documents, Hurd was incarcerated at the Lincoln Hills-Copper Lakes School, the state’s youth prison in far northern Wisconsin, in June 2024.

He grew upset with a female counselor whom he felt was abusing her powers, threw soap at her and punched her. Hurd ran into the courtyard and Proulx followed to stop him. Hurd punched Proulx several times and Proulx fell, hit his head on the pavement and later died. Hurd was 16 at the time but was charged in adult court.

Another inmate at the youth prison, Rian Nyblom, pleaded guilty to two counts of being a party to battery in connection with the incident and was sentenced to five years in prison this past August.

According to prosecutors, Nyblom knew that Hurd was upset with the female counselor and wanted to splash her with conditioner and punch her. About 15 minutes before the fighting began, he got extra soap and conditioner from guards and secretly gave it to Hurd. Nyblom told investigators that he didn’t see Hurd attack the female counselor but watched as Hurd punched Proulx.

Lincoln Hills-Cooper Lake is Wisconsin’s only youth prison. The facility has been plagued by allegations of staff-on-inmate abuse, including excessive use of pepper spray, restraints and strip searches.

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The American Civil Liberties Union filed a federal lawsuit in 2017 demanding changes at the prison. Then-Gov. Scott Walker’s administration settled the following year by agreeing to a consent decree that prohibited the use of mechanical restraints like handcuffs and the use of pepper spray.

Proulx’s death sparked calls from Republican lawmakers and from Lincoln Hills-Copper Lakes staff for more leeway in punishing incarcerated children, but Democratic Gov. Tony Evers rejected those calls, insisting conditions at the prison have been slowly improving. A court-appointed monitor assigned to oversee the prison’s progress reported this past October that the facility was fully compliant with the consent decree’s provisions for the first time.

Legislators have been trying to find a way to close the facility for years and replace with it with smaller regional prisons. Those prisons remain under construction, however, and Lincoln Hills-Copper Lake continues to operate.



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‘Play is the work of a child’: Wisconsin parents back bill that would double daily recess

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‘Play is the work of a child’: Wisconsin parents back bill that would double daily recess


MADISON, Wis. (WMTV) – A proposal at the state Capitol would require Wisconsin schools to increase daily recess time for students in kindergarten through sixth grade, with supporters saying more opportunities for unstructured play could improve focus, behavior and overall well-being.

Assembly Bill 810 would require public schools to provide 60 minutes of recess each school day for K-6 students, doubling the amount many schools currently offer. The bill has been referred to the Legislature’s education committee.

The bill’s author, State Rep. William Penterman of Hustisford, said the proposal is based on research showing physical activity supports learning and child development.

“Especially younger kids, like our elementary kids, it’s so important that they get moving throughout the day,” Penterman said. “We’re trying to get our kids to learn and develop mentally, emotionally, but also physically.”

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Penterman emphasized the bill is not intended to extend the school day or reduce instructional time. Instead, he said schools could restructure existing schedules to include more frequent movement breaks.

“We’re not looking to expand the school day. Absolutely not,” Penterman said. “It’s already set. We’re going to leave it at that. It’s about increasing efficiencies.”

The proposal would give schools flexibility in how the time is scheduled, allowing recess to be broken into multiple shorter periods throughout the day.

“But 60 minutes of play a day — it could be three 20-minute recesses. It could be two 30-minute recesses,” Penterman said.

Parents in the Madison Metropolitan School District say concerns about limited recess became apparent once their children came home from school.

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“I saw that we only had 30 minutes of recess at our school, and I felt like that wasn’t enough,” said Victoria Carey, a parent with a child in elementary school.

Carey said she initially assumed recess policies were determined by individual schools or districts, but later learned minimum requirements are set at the state level.

“So I looked into — is that our school’s policy? Is that our district’s policy?” Carey said. “And then I realized that it wasn’t either of those. Really, it was the state.”

Ally Grigg, another MMSD parent and former teacher, said a lack of movement during the school day can lead to challenges with emotional regulation and behavior at home.

“If that need is not being met at school, they come home, and my experience is my child frequently has meltdowns as soon as she gets home,” Grigg said. “A lot of times they have a lot of energy and they’re bouncing off the walls because they didn’t get that out during the day.”

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Grigg and Carey are part of a parent-led advocacy effort ‘Say Yes to Recess’, pushing for increased recess time statewide. They say their goal is not to burden teachers or administrators, but to recognize play as a meaningful part of the learning process.

“They are great tinkerers, little scientists, as they’re referred to often,” Carey said. “And they do that through play. I think recess is a great opportunity for play to practice what they’re learning in the classroom and with each other.”

Carey said parents they’ve spoken with, including some educators, often share similar concerns, even if there are questions about how additional recess would fit into already packed schedules.

“Most of the reaction is very positive,” Carey said. “Everybody agrees that kids need recess. It’s really about finding the balance between instructional time and what kids need developmentally.”

Penterman said the bill was shaped after an earlier proposal focused on increasing overall physical activity faced pushback over concerns about unfunded mandates.

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“So we kind of revamped it and looked at it,” he said. “What’s something we already have existing in place now that we can just expand?”

The Wisconsin Department of Public Instruction said it is in the process of analyzing the legislation and does not yet have an official position.

The bill is still early in the legislative process. Penterman said he hopes the proposal encourages broader discussion about how schools balance academic demands with students’ physical and mental health.

“Play is the work of a child,” Penterman said, quoting educator Maria Montessori. “And it’s so important to their development.”

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Wisconsin DHS reaffirms childhood vaccine recommendations after CDC changes

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Wisconsin DHS reaffirms childhood vaccine recommendations after CDC changes


The Wisconsin Department of Health Services on Thursday reaffirmed its recommended childhood vaccine schedule after recent changes at the federal level.

Wisconsin vaccine guidance

Local perspective:

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On Monday, the U.S. Centers for Disease Control announced changes to its childhood vaccine schedule. The DHS said those modifications further stray “from alignment with America’s leading medical associations and organizations.”

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At this time, the DHS said it is not making changes to its vaccine recommendations – including no changes to Wisconsin’s school or child care vaccine recommendations.

The DHS said it continues to endorse the American Academy of Pediatrics schedule and has issued guidance to Wisconsin health care providers reaffirming that recommendation.

What they’re saying:

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“The CDC’s new recommendations were based on a brief review of other countries’ practices and not based on data or evidence regarding disease risks to children in the United States,” DHS Secretary Kirsten Johnson said in a statement. “This upends our longstanding, evidence-based approach of protecting our children from the viruses that pose a risk in our country.

“Copying another country’s schedule without its health and social infrastructure will not produce the same health outcomes. It creates chaos and confusion and risks the health of Wisconsin’s youngest and most vulnerable citizens.”

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Big picture view:

The U.S. Department of Health and Human Services said the CDC will continue to recommend that all children are immunized against 10 diseases for which there is international consensus, as well as chickenpox.

The updated schedule is in contrast to the CDC child and adolescent schedule at the end of 2024, which recommended 17 immunizations for all children. On the new schedule, vaccines – such as those for hepatitis A and B, meningitis, rotavirus and seasonal flu – are now more restricted. They are recommended only for those at high risk or after consultation with a health care provider. 

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What they’re saying:

“President Trump directed us to examine how other developed nations protect their children and to take action if they are doing better,” Health Secretary Robert F. Kennedy Jr. said. “After an exhaustive review of the evidence, we are aligning the U.S. childhood vaccine schedule with international consensus while strengthening transparency and informed consent. This decision protects children, respects families, and rebuilds trust in public health.”

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The Source: The Wisconsin DHS released information about its childhood vaccine recommendations. Information about the CDC changes is from LiveNOW from FOX with contributions from The Associated Press.

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