MADISON — Gov. Tony Evers today, in a Dane County Circuit Court filing, slammed court arguments made by a former election official and local officials that suggested absentee voting, which is used widely in Wisconsin and across the country, is a ‘privilege’ and not a constitutional right.

“Voting is one of the most basic but fundamental rights we have in a democracy—it’s the right that affects all the others. Wisconsinites who choose to vote absentee are not second-class citizens, and I cannot and will not accept the suggestion that they have any fewer rights or that their vote counts any less than a Wisconsinite who chooses to cast their ballot in-person on Election Day,” said Gov. Evers. “Every eligible Wisconsinite should have the opportunity to cast their ballot, and if they follow all of the rules, then their vote should count just like everyone else’s. It’s pretty simple. And I will continue to fight every effort that undermines this basic tenet.”

The governor today submitted a brief in an ongoing lawsuit relating to 193 absentee ballots cast during the 2024 presidential election that were not counted—a situation a former election official and local officials argue they cannot be sued for because absentee voting is a ‘privilege’ and not a constitutional right.

“All Wisconsin voters—whether voting absentee or in-person on Election Day—have a constitutional right to vote. If a voter follows all of the rules when casting a ballot, their vote must count and their constitutional right to vote must be respected,” the governor said in a brief filed late Friday. “In Wisconsin, we are proud of our democracy. We have one of the highest voter turnout rates in the nation. We have an election system that is centered on our communities, with more than 1,800 local, municipal clerks running free, fair, and secure elections. […] If there was any doubt that absentee voters are exercising a constitutional right to vote, Wisconsin’s ‘long history’ respecting the will of the voter should extinguish any questions.”

A copy of the governor’s brief is available here.