In Madison, Wisconsin, criminal justice advocates are challenging the Republican-backed cash bail constitutional amendments that were approved by voters last year. They argue that these amendments should be invalidated due to procedural flaws. The case revolves around whether the Legislature sent the ballot questions to the correct elections officials and whether deadlines for submission were met. If successful, the amendments could be removed from the state constitution and put on a future ballot for another vote. Among the amendments is one that allows judges to consider past convictions for violent crimes when setting bail for someone accused of a violent crime.
The judge did not issue a ruling following the arguments, stating that she would issue a written decision later. The criminal justice groups’ attorney argued that the measures were not properly submitted to the people and must be considered null and void. He emphasized that the law must be followed in the process of submitting ballot questions. However, attorneys for the Legislature and state elections commission argued that a minor procedural error should not overturn the election results. They stated that the law was followed closely enough and there was no evidence that voters were misled.
State law requires ballot questions to be filed with the official or agency responsible for preparing the ballots at least 70 days before the election. The deadline for the measures was Jan. 25, 2023, but the Legislature sent them to the Wisconsin Election Commission on Jan. 19, 2023. However, the commission did not file the measures with county election officials until Jan. 26, 2023. The groups suing argued that county election officials are responsible for preparing ballots, not the state commission, and therefore the Legislature filed the ballot questions in the wrong place. The elections commission countered that it was not mandatory for the Legislature to submit the questions to county elections officials and that the 70-day deadline is not mandatory.
The Legislature dismissed the lawsuit as a “meritless and cynically undemocratic attempt to undo the results of Wisconsin’s 2023 Spring Election,” where the measures were approved with overwhelming support. The constitutional amendments were approved with 67% and 68% support, while 80% of voters approved of the welfare resolution. The lawsuit was brought by WISDOM, a faith-based statewide organizing group, and its affiliate, EXPO Wisconsin, which works with people who have spent time behind bars and are fighting against mass incarceration. The outcome of the case will determine whether the amendments remain in the state constitution or are subject to another vote in the future.
