Wisconsin criminal justice groups argue for invalidating constitutional amendments on bail

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Wisconsin criminal justice groups argue for invalidating constitutional amendments on bail
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Wisconsin criminal justice advocates are arguing that Republican-backed cash bail constitutional amendments approved by voters last year should be invalidated over procedural flaws.

FILE - Andre Childs casts his ballot at a polling station Thursday, Feb. 9, 2023, in Milwaukee. FILE - Residents cast their votes at the Warner Park Community Recreation Center on the first day of early voting Tuesday, March 21, 2023, in Madison, Wis. FILE - Andre Childs casts his ballot at a polling station Thursday, Feb. 9, 2023, in Milwaukee. FILE - Andre Childs casts his ballot at a polling station Thursday, Feb. 9, 2023, in Milwaukee.

One amendment allows judges to consider past convictions for violent crimes when setting bail for someone accused of a violent crime. Another allows judges to consider a defendant’s risk to public safety, including their criminal history, when setting bail required to release someone before trial. “We’re not saying that these can never be a part of the constitution,” Mandell said. “All we’re saying is those who run our elections have to follow the law. People can vote on them again.”

The groups suing argued that county election officials are responsible for preparing ballots, not the state commission, and therefore the Legislature filed the ballot questions in the wrong place.

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