Brown Co. rejects subpoena for ballots, other data

Local News

MADISON, Wis. (AP) — Two Wisconsin counties have rejected a subpoena issued by a Republican lawmaker seeking ballots, voting machines and other material related to the 2020 presidential election, saying it was not valid.

State Rep. Janel Brandtjen issued subpoenas to election clerks in Milwaukee and Brown counties on Aug. 6 ordering them to appear before her committee at noon on Tuesday with the requested material.

But attorneys for both counties said in separate letters to Brandtjen on Friday that the subpoena was not valid because it was not signed by Assembly Speaker Robin Vos or the Assembly’s chief clerk, as required by law.

Brown County’s subpoena rejection letter read:

“We have received and reviewed the Subpoena you issued to Brown County Clerk Patricia W. Moynihan, Jr. on August 6, 2021, and the Brown County Corporation Counsel is now issuing this response on his behalf.

“We have concluded that said Subpoena is invalid and unenforceable for, in part, the reasons set forth in the two recent Memos issued by the nonpartisan Wisconsin Legislative Council, primarily due to the lack of necessary signatures on the Subpoena.

“In addition, Brown County has received no contact whatsoever from your office regarding how you propose that Clerk Moynihan pay for the significant unbudgeted costs that would be incurred if he were to comply with your Subpoena as written, nor has any procedure been put forth by your office that would allow Clerk Moynihan to comply with said Subpoena, while at the same time complying with his duty to preserve the integrity of the election by retaining custody and control over ballots, machines, and other election related original documents and materials located in Brown County that you have requested.”

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