Democrats Sue Wisconsin Elections Commission Over Absentee Ballot Rules

An absentee ballot drop box is seen on the east side of Madison on Sept. 22, 2024. Alyssa Allemand/WPR

A group of Democrats is suing the Wisconsin Elections Commission in an attempt to let voters change their absentee ballots before the August primary.

The lawsuit challenges guidance the commission issued this month, which prevents voters from changing their ballots because a candidate dropped out, or a voter changed their mind.

The dispute comes as tens of thousands of absentee ballots have already been cast in an election where the Democratic primary for governor has been changing by the day. Since ballots were cast, three candidates have dropped out of the race and one has dropped back in.

WEC has said that if a voter filled out a ballot for a candidate who has since dropped out, that is not a valid reason to allow a ballot to be tossed out and recast.

“If a voter returns their voted ballot and later changes their mind about who they would like to vote for or because the candidate they originally voted for has dropped out of the race, this does not constitute an ‘accident or mistake,’” WEC’s guidance says.

The agency adopted its most-recent guidance on July 10, a day after it was approved by members of the elections commission. The move followed a state appeals court decision.

The guidance has proven especially relevant this year. On July 8, Milwaukee County Executive David Crowley suspended his campaign. By that time, 30,000 absentee ballots had been returned to the state, according to a running tally kept by the elections commission.

On July 17, Lt. Gov. Sara Rodriguez dropped out of the race. That prompted Crowley to get back in on July 18, this time with the endorsement of Gov. Tony Evers. By that day, around 70,000 absentee ballots had been returned.

The most recent figures on the commission website showed that more than 90,000 absentee ballots had already been sent back to clerks.

The lawsuit filed by Democrats argues that previously, Wisconsin voters were allowed to request new ballots if they changed their minds, the lawsuit contends.

“Yet during an active primary, the Commission has suddenly changed course, and according to public reporting,” the lawsuit states.

The new WEC policy does allow for what’s known as ballot spoiling, when a ballot is declared invalid and is not counted, but only during limited circumstances.

Under WEC’s latest guidance, an absentee ballot can only be spoiled if a voter makes an “error or mistake” when filling out the ballot. Additionally, the voter has to have the “defective” ballot still in their possession, so that they can return the “defective” ballot to their clerk when requesting a new one.

The lawsuit was filed in Dane County Circuit Court. It’s asking a judge to issue an injunction that would block the new guidance.

“The Commission’s decision to change the rules for absentee voting when absentee voting has already begun, which both federal and state courts have recognized as impermissible, weighs heavily in favor of granting injunctive relief,” the lawsuit argues.

Because the case was filed in state court, the final say would rest with the Wisconsin Supreme Court, where liberals hold a majority.

Democrats file lawsuit challenging guidance on absentee ballots was originally published by Wisconsin Public Radio.