‘Remove him from the bench’: Judge Everett Mitchell slammed for changing Wisconsin election law just months before polls

WATERTOWN, WISCONSIN: In an eyebrow-raising ruling that could impact the upcoming November election in Wisconsin, a Dane County Circuit Court judge has decided that disabled voters are allowed to request and download electronic ballots.

The decision was made by Judge Everett Mitchell, a figure known for his controversial views, including a past statement that people who steal from big-box stores shouldn’t be prosecuted.

Judge Mitchell's ruling and its opposition

Judge Everett Mitchell, who also serves as a pastor in Madison and ran unsuccessfully for the state Supreme Court last year, issued a temporary injunction last week. The ruling affects the November 5 election and modifies the existing election administration procedures in Wisconsin.

The state previously faced challenges with absentee ballot tabulation during the last presidential election.

According to the new ruling, voters with print disabilities who self-certify that they cannot read or complete a ballot without assistance can now request electronic ballots from their election clerks. These electronic ballots can be completed using assistive technology and then mailed back.

The change aims to accommodate disabled voters better but has left election clerks in nearly 2,000 municipalities scrambling to adjust to the new requirements.

Democratic Attorney General Josh Kaul’s deputy attorneys have argued that this change could lead to confusion and create security risks. Wisconsin’s election administration is notably decentralized, with responsibilities divided among 72 county clerks and over 1,800 municipal clerks.

Before this injunction, disabled voters followed the same process as any absentee voter: they requested a paper ballot, completed it, and returned it via mail or dropped it off at the clerk’s office, the New York Post reported.

Republican state legislators have appealed the ruling in conservative Waukesha County, arguing that Judge Mitchell is disrupting the status quo just months before a major election. If the appeal is upheld, clerks will need to revert to the previous system.

Until then, they must establish new procedures to handle the emailed ballot requests. This may involve re-training poll workers, printing new signs, and possibly reinstating drop boxes.

The constant shifts in election rules can complicate communication with the public, as noted by Scott McDonell, a Democrat who has served as Dane County clerk for a decade.

“It does sort of cause a crisis of faith a little bit, these constantly changing rules, and it feeds the narrative that the rules change … it’s being gamed,” McDonell told Wisconsin Public Radio. “It really isn’t. But it doesn’t help at all.” 

Clerks, despite not making the laws, often bear the brunt of public dissatisfaction. Research by the Brennan Center, a liberal think tank, indicates that about one-sixth of election officials nationally have been threatened, with three-quarters reporting an increase in threats.

In response, the US Department of Justice launched a task force in 2021 to investigate threats against election workers. Nationwide, around 2,000 threats have been reported, but fewer than twenty cases have been prosecuted.

Wisconsin has experienced a rise in tensions, although not as severe as in other states. A 2021 survey from UW-Madison’s Election Research Center found that municipal clerks, particularly in larger communities, received more "threatening or hostile messages" during the 2020 election cycle.

According to a Reuters investigation, more than 40 election workers in battleground states faced threats of violence.

Internet reacts to Judge Mitchell's ruling

Judge Mitchell's ruling has sparked quite a pushback on social media.

"This is a bizarre ruling," one posted on X.

"They want as much confusion as possible," another wrote.

"It won't work, as the appeal to this will be upheld. The Dems are so desperate," a comment read.

"But I thought the election process was infallible???" someone else asked.

"It's not the first time that the liberals did this. Remove him from the bench," another insisted.

This article contains remarks made on the Internet by individual people and organizations. MEAWW cannot confirm them independently and does not support claims or opinions being made online.