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DOJ Threatens Lawsuit Against Wisconsin Towns Thornapple and Lawrence Over Replacing Electronic Voting Machines

The Department of Justice, led by the Biden administration, has threatened legal action against the small towns of Thornapple and Lawrence in northern Wisconsin over their choice to switch from electronic voting machines to hand-counted ballots.

The DOJ’s threats follow Thornapple and Lawrence officials’ decision to forgo electronic voting systems, citing concerns about their reliability and susceptibility to manipulation.

Many argue that hand-counted ballots offer a more transparent and reliable alternative, ensuring that every vote is accurately counted without the risk of technological errors or tampering.

The legal threat stems primarily from the towns’ alleged failure to provide accessible voting equipment for individuals with disabilities during the April election.

As reported by WPR:

A complaint filed with the Wisconsin Elections Commission says a town in Rusk County is breaking the law by refusing to make voting machines available to voters with disabilities. Despite a warning from the U.S. Department of Justice, the town allegedly conducted the August primary election using only hand-counted, paper ballots.

The complaint filed by Disability Rights Wisconsin says the Town of Thornapple violated the federal Help America Vote Act by not making electronic voting machines available to people with disabilities during the April and August primaries.

“By ceasing to use electronic voting equipment and, instead, exclusively using paper ballots completed and tabulated by hand, Respondents are no longer using voting systems that are accessible for individuals with disabilities in a manner that provides the same opportunity for access and participation (including privacy and independence) as for other voters,” the complaint said.

Disability Rights Wisconsin is asking the Wisconsin Elections Commission to order Thornapple to make accessible voting machines available. DRW Director of Legal and Advocacy Services Kit Kerschensteiner told WPR the goal is to ensure all town residents are able to cast private ballots in the November presidential election. She said voting machines were used without issue in Thornapple before April.

“This is not the situation of a machine that just isn’t functioning that day at the polling place,” Kerschensteiner said. “This is a place that has chosen specifically, knowing that they were disenfranchising individuals with disabilities, and choosing to go ahead and do that, which we find to be unacceptable.”

Under the leadership of Kristen Clarke, Assistant Attorney General in the Civil Rights Division, the DOJ has indicated that it is ready to file lawsuits against the towns and their officials for allegedly violating federal law.

“This is to notify you that I have authorized the filing of a lawsuit on behalf of the United States against the State of Wisconsin, the Wisconsin Elections Commission, the Commission Administrator, the Town of Thornapple, the Town of Lawrence, and the Town Clerks and Town Board Supervisors of Thornapple and Lawrence, pursuant to Section 301 of the Help America Vote Act of 2002 (“HAVA”), 52 U.S.C. § 21081,” according to the letter sent to the election officials, obtained by Vote Beat.

“HAVA authorizes the Attorney General to bring an action in federal district court for such declaratory and injunctive relief as is necessary to carry out the requirements of Title III of HAVA. 52 U.S.C. § 21111.”

However, Thornapple’s election officials are standing firm against this intimidation, questioning whether the DOJ is using their small town as a precedent to impose its will on other municipalities.

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