Wisconsin criminal justice advocates challenged the legitimacy of Republican-backed cash bail constitutional amendments approved by voters, citing procedural flaws. The case is seen as an attempt to nullify election results, contested by elections officials and the Legislature. The outcome could see the amendments removed from the state constitution for reconsideration.
Key issues include whether ballot questions were correctly sent to elections officials and met submission deadlines. Notably, the amendments allow judges to consider past convictions for violent crimes and a defendant’s risk to public safety when setting bail.
Despite voter approval and an advisory referendum on welfare requirements, the lawsuit argues for the invalidity of the amendments. Attorneys for the Legislature and elections commission argue that minor procedural errors should not overturn election results. The dispute lies in whether the questions were filed correctly and on time.
Wisconsin groups WISDOM and EXPO Wisconsin, pushing against mass incarceration, initiated the legal challenge. The debate highlights the importance of following election laws while ensuring democratic processes are upheld.