Gov. Evers Calls on Court to Defend Right to Vote in Uncounted Absentee Ballot Case
Amicus Brief Argues Wisconsin Constitution Protects All Voters; Rejects Claims That Absentee Voting Is a Privilege
MADISON, Wis. — The States United Democracy Center today filed an amicus brief on behalf of Wisconsin Gov. Tony Evers in Ayodabo v. City of Madison, urging the Dane County Circuit Court to reject claims that absentee voting is merely a “privilege” and affirm that all Wisconsin voters are protected by the state constitution—whether voting absentee or in person on Election Day.
“Voting is a fundamental right, and every eligible Wisconsin voter deserves the opportunity to make their voice heard,” said Joanna Lydgate, CEO of States United Democracy Center. “That right applies to every voter, regardless of whether they cast a ballot in person on Election Day or absentee. Ensuring that every vote counts isn’t just a legal obligation—it’s the foundation of our democracy.”
The case stems from a December 2024 incident in which Madison election officials notified the Wisconsin Elections Commission that 193 absentee ballots had not been counted in the November general election. The election results were certified without those ballots.
In September 2025, a group of voters whose ballots were not counted sued the City of Madison, arguing they were deprived of their state constitutional right to vote and seeking monetary damages. In court filings, the former city clerk has asked that the case be dismissed, raising several arguments—including the claim that absentee voting is a statutory “privilege” rather than a constitutional right.
“The Constitution does not create two classes of voters,” said Marina Eisner, Senior Counsel at the States United Democracy Center. “Voters who follow the law do not lose their constitutional rights just because they vote absentee, and treating absentee voting as a ‘privilege’ would open the door to widespread disenfranchisement. Wisconsin voters have a constitutional right to vote no matter how they choose to exercise it.”
In the brief, Evers explains that the right to vote is extended to all qualified voters, regardless of how they cast their ballot. There are many reasons voters choose to cast an absentee ballot—they could be voters with disabilities, military and overseas voters, caregivers, seniors, or workers unable to vote in person on Election Day. Their constitutional rights must be upheld. In recent Wisconsin elections, absentee ballots accounted for roughly 45 percent of all votes cast—so a significant number of Wisconsinites would be denied their constitutional rights if the court rules absentee voting is an unprotected “privilege.” Evers urges the Court to follow decades of Wisconsin precedent and affirm that rejecting ballots based on the method by which they were cast violates the Wisconsin Constitution.
Key excerpts from the brief include:
“Of course, the absentee ballot voting process can be regulated—and it is. But Wis. Stat. § 6.84(1) does not mean that voters who follow all the rules for using an absentee ballot are second-class voters who unknowingly enter a zone where their constitutional rights are suspended.”
“Denying absentee voters a core constitutional right, as Defendant proposes, would affect millions of people who chose to use absentee ballots for a myriad of reasons. Some absentee voters have disabilities, are in the military, or live overseas. They include caregivers, parents of school-age children, the elderly, and hardworking Wisconsinites whose work shifts make voting on Election Day a severe burden. … The constitutional right to vote would mean little if close to half of all voters in Wisconsin were deprived of it because they chose to legally cast an absentee ballot.”
Read a summary of the amicus brief here.
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About the States United Democracy Center
States United is a nonpartisan 501(c)(3) organization dedicated to the rule of law and free, fair, secure elections. We provide direct support to state officials and law enforcement leaders as they uphold the law and our system of checks and balances, protect public safety, defend elections, and preserve our democracy. For more information, visit statesunited.org.