The legal battle over counting absentee ballots that come-in after Election Day in Wisconsin is likely headed back to federal court.
The Wisconsin Supreme Court yesterday ruled that state lawmakers can sue over a Madison-based federal judge’s order to count those absentee ballots up to six days after Election Day. The high court essentially said the judge’s order overrules state law, and lawmakers have standing to sue anytime a law they wrote is challenged.
The ruling means the case is likely headed back to a federal appeals court in Chicago. That court refused to block the late ballot count order, but only because the judges said Wisconsin lawmakers lacked the ability to sue.
