Ayodabo v. City of Madison — Absentee voting (WI)

In December 2024, officials from Madison, Wis., notified the Wisconsin Elections Commission (WEC) that 193 absentee ballots were not counted in the general election a month earlier. The results of the election were certified without counting the missing votes.

A group of voters whose ballots were not counted sued the city in September 2025 for monetary damages, arguing that they were deprived of their right to vote afforded to them by the Wisconsin Constitution.

The incident was investigated by city and state officials, and WEC ordered the city to implement new procedures to avoid a similar incident happening again.

In court filings, Madison officials and the city’s former clerk asked that the case be dismissed, raising several arguments, including that monetary damages are not available under Wisconsin law.

On Jan. 23, 2026, Wisconsin Gov. Tony Evers filed an amicus brief in the case. States United is serving as co-counsel to Evers on the brief.

Evers’s brief only addresses one discrete issue raised by the former clerk: That absentee voting is a “privilege,” not a right. Evers reminds the court that all Wisconsin voters are afforded the right to vote by the state constitution, whether they choose to vote absentee or in person on Election Day.

“If a voter follows all of the rules when casting a ballot, their vote must count and their constitutional right to vote must be respected,” Evers argues, later adding that the right to vote “attaches to all voters, including absentee voters, through their entire voting process.”

Evers does not take a position on any other issue raised in the briefing.

Reply briefs regarding motions to dismiss the case were due on Jan. 23, 2026.

• Amicus brief (filed Jan. 23, 2026)
• Complaint (filed Sept. 17, 2025)

• Votebeat: Madison’s defense in missing-ballot case: Absentee voting is a ‘privilege,’ not a right (Jan. 8, 2026)
• Wisconsin Examiner: Elections Commission modifies Madison missing ballot order (Dec. 1, 2025)
• Wisconsin Public Radio: Class-action lawsuit filed against Madison over 193 uncounted November ballots (March 6, 2025)