Democrats Push WI Elections Commission to Allow Absentee Ballot Revotes

Democratic Party of Wisconsin Chair Devin Remiker speaks at the party’s 2026 convention. (Photo by Baylor Spears/ Wisconsin Examiner)

The Democratic Party of Wisconsin has requested that the Wisconsin Elections Commission retract guidance that bars voters from changing their vote prior to the Aug. 11 primary if their preferred candidate drops out.

The request comes amid the flurry of dramatic action in the Democratic primary for governor over the past few weeks. Despite Lt. Gov. Sara Rodriguez and former Wisconsin Economic Development Corporation CEO Missy Hughes suspending their campaigns, and Milwaukee County Executive David Crowley dropping out and then re-entering the race, more than 80,000 people have already returned their absentee ballots.

“The Democratic Party of Wisconsin has an interest in ensuring that its voters have a valid voice in the primary elections,” Diane Welsh, the party’s attorney, wrote in a Tuesday letter to WEC Chair Don Millis. “The ability of voters to spoil their ballots after they have been submitted to their clerks will advance this interest. And, the ability to obtain new ballots protects the voters’ right to meaningfully participate in the democratic process.”

The letter states that the new guidance contradicts state law and the commission’s previous statements and rulings about ballot spoiling. It also states that by issuing the guidance so late, the commission was violating U.S. Supreme Court precedent against changing the rules of an election in the middle of an election cycle.

The elections commission voted 4-2 during its July 9 meeting to issue guidance limiting “ballot spoiling” — the process through which voters are allowed to cancel a submitted ballot and receive a new one. The new guidance, which two Democratic members of the commission voted against, states that a voter’s preferred candidate dropping out isn’t a good enough reason to get a new ballot.

“If you’re sitting at your kitchen table and you realize that you voted for two candidates in the same election, you can go back and say, I need a different ballot. I made a mistake. Or if your significant other spilled coffee on your ballot, you say, I need another ballot. That’s fine. Once you’ve turned your ballot in, that’s it,” Millis said at the July 9 meeting.

Under previous state law, voters were allowed to spoil their ballot for any reason and receive a new one up to three times. In 2022, former Waukesha County Judge Brad Schimel ruled that the practice was illegal. Schimel’s ruling was overturned by a Court of Appeals.

In a statement, Democratic Party of Wisconsin Chair Devin Remiker said that after consulting with the gubernatorial campaigns, the party would fight to make sure all primary voters get a chance to vote for their preferred candidate.

“Allowing voters to spoil and recast their ballots was standard practice in Wisconsin prior to attempts by Republicans to file frivolous lawsuits to muddy the waters,” Remiker said. “The Wisconsin Elections Commission recently issued guidance that advises clerks not to allow voters to request a new ballot. We believe that guidance was issued improperly, and after consulting with each of our Democratic candidate campaigns for governor, WisDems will be submitting a letter to formally ask the WEC to retract this guidance. If the WEC does not act immediately and retract this guidance, some voters will not be able to truly participate in our Democratic primary process.”

Wisconsin Democrats push elections commission to rescind guidance on absentee ballot revotes was originally published by Wisconsin Examiner.