Nadya Peek / CC
A judge has refused to dismiss a lawsuit against the City of Madison over uncounted absentee ballots.
Judge David Conway denied the city’s request to throw out the case after city officials argued that absentee voting is a “privilege” rather than a “right.”
Conway rejected that claim, stating that voters who properly submit absentee ballots are exercising the same constitutional right as those who cast ballots in person.
The lawsuit was filed after nearly 200 absentee ballots went uncounted in the 2024 election.
While the error did not affect any race outcomes, Madison’s city clerk resigned in the aftermath.
