(Bloomberg) -- A Wisconsin judge ruled that ballots mailed by Election Day in the crucial swing state can be counted until Nov. 9, handing another victory to Democrats who've sued across the U.S. to expand access to mail-in voting during the coronavirus pandemic.
The ruling Monday by U.S. District Judge William Conley in Madison, Wisconsin, also extended the deadline for registering to vote or requesting a ballot by one week to Oct. 21, citing a likely surge in absentee voting foreshadowed by the state's chaotic April primary and delays in the U.S. Postal Service.
Wisconsin election officials “will undoubtedly be overwhelmed again with ballots in November, as they were in April,” Conley wrote. “Regardless of cause, plaintiffs have established significant problems with fulfilling absentee ballot requests timely, and even greater problems in getting them back in time to be counted.”
The judge, a Barack Obama appointee, nevertheless put his ruling on hold for one week to allow for a likely appeal, saying voters shouldn't count on the changes until they're affirmed.
While Democrats have been suing to expand access to mail-in voting, Republicans have largely echoed President Donald Trump's repeated claims -- which aren't backed by evidence -- that a surge in use of absentee ballots will result in a massive fraud and a “rigged” election.
Conley said that a similar injunction he issued regarding the April primary prevented about 80,000 voters from being disenfranchised. About 1 million more mail-in ballots are expected for the general election, he wrote, meaning the risk of votes not being counted is even higher. The judge disregarded the state's argument that voters should simply request their absentee ballots faster.
“While the Legislature would opt to disregard the voting rights of these so-called procrastinators, Wisconsin's election system sets them up for failure in light of the near certain impacts of this ongoing pandemic,” the judge wrote.
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