Absentee Voters Could Pick Candidates Who Drop Out of Races

An absentee ballot drop box sits outside the government center in Superior on Nov. 5, 2024. Danielle Kaeding/WPR

On the Democratic side, Wisconsin’s primary race for governor has been full of twists and turns.

Multiple candidates have dropped out and another left the race before jumping back in again.

Those shake-ups came after thousands of Wisconsinites have turned in absentee ballots ahead of the Aug. 11 primary.

Is there any way for them to change their votes?

The answer for people who already turned in their ballots is no. That applies even if your preferred candidate dropped out later in the game.

“Once an absentee ballot has been returned to the municipal clerk, it cannot be spoiled and reissued for any reason,” guidance from the Wisconsin Elections Commission explains.

That applies to people who hand-delivered their ballots to their clerk’s office, as well as to people who returned absentee ballots by mail or drop box.

The commission adopted its most-recent guidance on July 9, following a state appeals court decision.

What is ballot spoiling, and when is it allowed in Wisconsin?

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

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.

In other words, that doesn’t apply if you’ve already turned in your ballot to be counted.

In total, a voter can receive up to two replacement ballots, according to WEC.

Additionally, WEC has specified that, if you filled out the bubble for a candidate who has since dropped out, that is not a valid reason that would allow a ballot to be spoiled.

“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.

Under Wisconsin’s election law, the definition of “accident or mistake” is meant to be limited, Republican WEC Commissioner Don Millis argued during a recent meeting.

“If you’re sitting at your kitchen table and you realize that you voted for two candidates for the same election, you can go back and say, ‘I need a different ballot,’” he said. “Or if, you know, your your significant other spilled coffee on your ballot, you say ‘I need another ballot.”‘

Who’s still in the race for Wisconsin governor?

Clerks across the state began distributing absentee ballots in late June. As of Monday morning, more than 71,000 Wisconsinites had already returned those ballots.

That’s despite major shifts in the Democratic race for governor.

Last week, Lt. Gov. Sara Rodriguez withdrew from the race, after revealing that her previously-filed campaign finance reports were off by hundreds of thousands of dollars.

On Saturday, Milwaukee County Executive David Crowley announced he was back in the race, and secured the endorsement of current Gov. Tony Evers. Crowley had previously said he would suspend his campaign while throwing his support behind Rodriguez.

Earlier in the summer, Democrat Missy Hughes also dropped out of the race.

Even though they suspended their campaigns, Rodriguez, Hughes and Crowley will still appear on Wisconsin ballots since they’ve passed the deadline to be removed.

Also on the Democratic ballot will be former Lt. Gov. Mandela Barnes, former Wisconsin Department of Administration Secretary Joel Brennan, state Rep. Francesca Hong and state Sen. Kelda Roys.

On the Republican side, U.S. Rep. Tom Tiffany is running for governor against Andrew Manske.

Rules differ in other states

Wisconsin’s restrictions on ballot spoiling are not universal.

In Michigan, for instance, voters can ask to spoil an absentee ballot even if they’ve already turned that ballot in. That applies to ballots that were returned by mail, drop box or in-person at a clerk’s office. If that ballot is spoiled before Michigan’s deadline, the voter can fill out a new one instead.

That option has proved especially relevant this election cycle after a Michigan candidate for U.S. Senate dropped out of an August primary in July.

In Wisconsin, Democratic U.S. Rep. Mark Pocan called WEC’s current rules “undemocratic with a small d.”

Pocan said the state’s elections commission should put a “fair policy in place” so that people can change their votes after their preferred candidate drops out.

On social media, Roys acknowledged to the fact that thousands of Wisconsinites have already turned in ballots and won’t be able to change those votes.

“This is a huge problem for democracy,” she wrote.

What happens if I voted early for a candidate who dropped out? Can I change my vote? was originally published by Wisconsin Public Radio.