In a case filed by Madison Teachers Inc., Dane County Circuit Judge Peter Anderson ruled this week that the state is required to release voter lists during union certification elections. MTI challenged the Wisconsin Employment Relations Commission’s refusal to release voter lists, and Anderson held that the WERC was required to produce the lists under the Public Records Law, reasoning that when the balancing test is applied, the reasons given by the WERC for nondisclosure (voter coercion and privacy) were outweighed by the strong presumption in favor of disclosure.
The state has indicated that it will appeal on behalf of the WERC; however, absent a stay, the WERC will likely be required to produce the voter lists during certification elections this fall.
A state agency that oversees public employee union re-certification elections improperly withheld data about Madison School District employees that had or had not cast ballots during an election last year, a Dane County judge ruled Monday. Dane County Circuit Judge Peter Anderson said that the Wisconsin Employment Relations Commission should have provided Madison Teachers Inc.