Think there’ll be recounts and more lawsuits
after today’s election?
One virtue of shutting down school for the coronavirus pandemic is that the spacious gymnasium at Toki middle school here on the SW side of Madison WI was available as the 77th ward polling place. Plenty of
And parking, allowing the Stealth Werkes Mobile to park six feet away from the nearest Bernie-stickered Prius. Werkes (now on unpaid furlough) and denizens of Stately Blaska Manor had mailed in their absentee ballots weeks ago. At Toki middle school, stack of walked-in absentee ballots accumulated on a table a good six yards away from the intake table, which was another six yards from the sign-in table, which was more than six yards from the voting booths. Some of which desks were guarded by clear plexiglass panels. More hand sanitizer than Walgreens store.
This polling place appeared fully staffed. All were supplied with face masks, blue nitrile gloves, and or plexiglass face shields. Blaska thanked the poll workers for their selfless service but shook no hands.
⇒ UPDATE: Madison has 55 polling places open, Milwaukee has 5. What is the major malfunction in Milwaukee? How will Tom Barrett try to avoid taking responsibility? Discuss amongst yourselves.
Wouldn’t be Madison without protesters
Voces de la Frontera, notable for their advocacy of porous national borders, were honking horns in front of the polling place at the Madison Municipal Building this morning. Like that will change anything.
As you know, the Wisconsin Supreme Court invalidated Gov. Tony Evers’ ukase holding off the election until some fine day in June. That was quickly followed by the U.S. Supreme Court’s decision invalidating a lower, Madison federal court’s ruling that ballots could be postmarked after election day, today.
The Werkes acknowledges that there is some risk of infection. But less, we believe, than buying groceries at Woodman’s. There was damage done to our democracy by not holding the election. In any event, there figures to be no long lines given that over 1.2 million Wisconsin voters have received absentee ballots — five times the number of absentee ballots requested in the 2016 spring election. In any event, wear a mask.
The indispensable Jonathan Turley observes:
Much of the news coverage has suggested that the U.S. Supreme Court was deciding on the holding of the election. It was not. Indeed, the appeal was not only narrower but also conflicted. …
The only question was whether absentee ballots could be mailed and postmarked after election day. The [lower court] ordered that people could vote after the election day so long as the ballots were received by April 13th — thus they could be postmarked after April 7th. However, the Democrats never asked for that relief in their motion.
This amounted to an extraordinary level of judicial intervention into an election on the very eve of that election. The majority of the Court balked at the action and reversed the district court. …
The Wisconsin Democrat(ic) chair Ben Wikler tweeted “I am about to explode. . . . The Supreme Court of the United States legislated from the bench today.”
Yet, that is what the majority felt it was avoiding in limiting the power of the lower court. The Wisconsin legislature met in special sessions and did not pass such relief. So who is legislating in granting relief not accepted by the legislature — and not even asked for by the Democrats in their original motion?
Legislating from the bench
Who, indeed, is “legislating from the bench”? Exhibit A is this paid advertisement on my Facebook feed from an outfit called Wisconsin Organizing Together 2020:
“Send Donald Trump’s agenda a clear message:
Wisconsin supreme court justices should fight
for Progressive values.”
How about just interpreting the law as written?