On January 24, 2024, a permanent injunction was issued by the Honorable Judge Ryan Nilsestuen, of the Dane County Circuit Court, in the case of Absentee Voter Witness Address Information in the League of Women Voters of Wisconsin vs. the Wisconsin Election Commission. The ruling now allows that the witness address on absentee ballot certificate envelopes received must be considered sufficient if one of the four scenarios are present:
- The witness’s street number, street name, and municipality are present, but there is neither a state name nor a ZIP code provided.
- The witness’s street number, street name, and ZIP code are present, but there is neither a municipality nor a state name provided.
- The witness’s street number and street name are present and match the street number and street name of the voter, but no other address information is provided; or
- The witness certification indicates that the witness address is the same as the voter’s address with any or any combination of the following words: “same,” “same address,” “same as voter,” “same as above,” “see above,” “ditto,” or by using quotation marks and/or an arrow or line pointing to or from the voter address.
If one of the four scenarios is not present, the election official must look to the face of the certificate for information that would allow a reasonable person in the community to identify a location where the witness may be communicated with. If it can be found on the face of the certificate, it is sufficient.