MADISON, Wis. — Wisconsin communities with fewer than 7,500 people can hand count ballots under a decision by the state elections commission this week.
However, under the Wisconsin Elections Commission decision, those communities and all other Wisconsin towns, villages and cities must still comply with federal law and provide at least one electronic voting machine at a polling location to accommodate voters with disabilities.
The commission’s decision Tuesday came in reaction to a complaint against the northwestern Wisconsin town of Thornapple, population about 700, over its decision to hand count ballots in the April 2024 presidential primary or the August state primary. The decision also comes as a federal lawsuit over Thornapple’s decision not to have an accessible voting machine continues.
A federal judge in October sided with the U.S. Department of Justice and ruled Thornapple was violating 2002’s Help America Vote Act, or HAVA. The judge ordered the town to offer disabled people accessible voting machines. An appeal by the town is pending.
Under the commission’s decision this week, communities with fewer than 7,500 people can choose to have no other electronic vote-casting or tabulating machines other than one for disabled voters.
Elections commission staff determined state law makes it optional for communities with fewer than 7,500 people to provide voting machines in every ward in every election. The law says those communities may “adopt and purchase voting machines or electronic voting systems for use in any ward … at any election.”
Republican commissioner Bob Spindell said the decision will give smaller communities more flexibility, especially in low-turnout local elections. But But Democratic Commissioner Ann Jacobs, who cast the lone no vote, said she worried small communities could game the system by selling voting machines purchased with funding from a state grant and then keep the money.
The complaint against Thornapple was filed by the liberal law firm Law Forward on behalf of two Thornapple residents. A spokesperson for the law firm did not immediately return an email seeking comment Friday. The commission’s decision could be appealed to circuit court.