Madison Reporter

The leader of a Wisconsin citizens' group suing over the private funding of elections says the Dane County judge hearing its case is biased in favor of allowing so-called "Zuck Bucks."

Ron Heuer of the Wisconsin Voter Alliance (WVA) said he is considering a new legal strategy after a May 17 hearing before Dane County Circuit Judge Stephen Ehlke. He characterized the hearing as “not a good day” for his group.

“We could tell as soon as the judge opened his mouth that he was taking the side of WEC (Wisconsin Elections Commission),” Heuer told the Madison Reporter. “We’re discussing with our lawyer about taking another approach.”

WVA and five Madison County residents were represented by attorney Erick Kaardal of the Chicago-based Thomas More Society.

WVA filed its complaint in Dane County Circuit Court in January against WEC over the use of private funds in election management leading up to the 2020 general election, particularly in the five Democratically run cities of Madison, Racine, Kenosha, Milwaukee and Green Bay. 

The group argued that millions pumped into election offices by a non-partisan group, the Center for Tech and Civic Life (CTCL), were granted under false pretenses: the money funded a get-out-the-vote drive for the Democratic Party and not safe election practices during the pandemic as CTCL claimed. CTCL’s money was donated by Facebook founder Mark Zuckerberg and his wife, Priscilla Chan. The group granted nearly $350 million in "Zuck Bucks" to election officials in battleground states, watchdog groups have estimated. Blue areas were favored over red, an investigation by the Capital Research Center (CRC) shows.  

WVA also filed complaints in Racine, Kenosha, Brown and Milwaukee counties – where the other four Democratically run cities are located – after WEC dismissed the complaints in December. But Heuer said they are considering withdrawing the complaints, and focusing instead on the upcoming state Supreme Court decision on the legality of ballot drop boxes, which were used extensively in the 2020 elections. CTCL provided much of the funding for the drop boxes

“If the court upholds the lower court decision that the drop boxes were illegal, then CTCL illegally funded them,” Heuer said.

The Supreme Court heard arguments in April on an appeal of Waukesha County Circuit Judge Michael Bohren January ruling that nothing in state law allows for the use of ballot drop boxes. The High Court’s decision is expected sometime in June.

Heuer said that he expected the ruling on their WEC complaint from Dane County Judge Ehlke in June.

CRC is maintaining a list of states have restricted or outright banned their elections officials from accepting private funds since the 2020 elections.