RNC sues Milwaukee over poll observer limits day before election

With Election Day hours away, the Republican National Committee is suing battleground Wisconsin's largest city.

The RNC filed the suit in Milwaukee County. It alleges that the city's election commission "arbitrarily limited" the number of observers during early, in-person voting at three locations: Serb Hall, the Good Hope Library and the Capitol Drive voting center.

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The party also alleges that certain precincts on Election Day may limit poll watchers to one Republican and one Democrat.

"They are acting illegally in refusing to allow poll observers, poll watchers to watch the counting of ballots," Karoline Leavitt, Trump Campaign National Press Secretary told FOX6 News. "It's the right of Americans who want to be poll watchers and observers to do so, and what’s the issue with that? The City of Milwaukee should answer that question. That is the right of those individuals."

The Milwaukee Election Commission denies the claims in the suit.

"We don’t have any kind of limit or number," Paulina Gutierrez, Milwaukee Election Commission Executive Director said before the lawsuit was filled. "We welcome observers, we want them there. We want them to be respectful."

"At polling locations, observers are important. It’s a critical part of the election process. We are very transparent," Gutierrez added. "We don’t ever want to turn observers away."

After the suit was announced, the Milwaukee Election Commission stated at no point were Republicans denied having an observer during early, in-person voting, and they wouldn't be denied on Election Day.

However, the lawsuit quotes an email it says Gutierrez sent. It states she wrote, "I am not able to provide a specific list of locations where we might need to limit observers to one person per party; however, it may occur anywhere the space, access, number of voters, and other prevailing circumstances would require it as a reasonable limitation."

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While Gutierrez said she welcomed election observers, she stated those people have to follow the rules of the polling place.

"Here in the City of Milwaukee and the state of Wisconsin, we have the authority to remove observers," Gutierrez said. "And so if observers aren’t willing to follow the rules, we will have you removed, but typically, we don’t do that right away. We deescalate between the chief [inspector] and the observer, and we try to find a mutually agreed upon solution. And most of the time it’s just coaching and providing education, and we’re usually able to overcome those issues."

Both major parties and outside groups are planning to have poll watchers across battleground Wisconsin, including in Milwaukee.

"We’re not there to disrupt, as long as everything is going smoothly and legally," Leavitt said. "These poll watchers are exercising their constitutional right to observe their elections."

The Democratic Party of Wisconsin reacted to the lawsuit.

"This new lawsuit from Trump’s allies is nothing more than a press release to make noise and cast doubt on our election process," said Democratic Party of Wisconsin Communications Director Joe Oslund in a statement. "The truth is this election is safe and secure and the city of Milwaukee has poll observers from both parties witnessing it, despite the latest MAGA bluster. Like dozens of partisan RNC lawsuits this cycle, this one will fail."

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