ICYMI: Judge Shuts Down Democrats’ Attempt to Rush in Late Votes After Candidates Drop Out
Wisconsin Democrats unsuccessfully attempted to allow voters to re-cast absentee ballots after some candidates withdrew from the race. A Dane County judge ruled that once an absentee ballot is returned, it cannot be spoiled or replaced, preventing voters from changing their votes. The ruling was based on Wisconsin law, which states voting officials must issue a new ballot only if the original is spoiled or damaged before being returned. The case involved voters who wanted to amend their absentee ballots after the withdrawal of candidates such as Sara Rodriguez and Mandela Barnes.Previous decisions by the Wisconsin Elections Commission confirmed that spoiled ballots cannot be recast once submitted. Several Democratic candidates, including Rodriguez and Barnes, had dropped out of the governor’s race prior to the primary. the court’s decision affirms that absentee ballots are final once cast and returned, with no provision for “spoiling” them afterward.
Wisconsin Democrats lost a last-ditch effort to re-cast absentee ballots for voters after some of their candidates dropped out.
Dane County Circuit Judge David Conway ruled that voters cannot “spoil” an absentee ballot after it has been returned to their local election office, according to the court order filed July 29. Three Dane County plaintiffs, Joseph Alan Bins, Thomas Elert and Susan Roberts, alleged they could no longer vote for a new Democrat candidate.
Elert and Roberts alleged they would have waited to return their ballots if they knew they could not vote again, per the order.
“The Court concludes that the unambiguous language of the statute does not allow a voter to spoil an absentee ballot after it is returned. The clerk’s duty to issue a new ballot is triggered whenever a properly identified voter ‘returns a spoiled or damaged ballot,’” the judge said, according to the order.
The Wisconsin Elections Commission and the Democratic Party of Wisconsin ech did not immediately respond to the Daily Caller News Foundation’s request for comment.
All three plaintiffs voted for Lt. Gov. Sara Rodriguez in the Democratic primary for governor before Rodriguez’s campaign manager mishandled her financial records, prompting her decision to drop out of the race on July 17, Politico reported.
“Today I’m suspending my campaign. Thank you to everyone who believed and showed up for this campaign. Let’s keep fighting – together – to protect the Wisconsin we love,” Rodriguez said in an X post that day.
Former Democratic Lt. Gov. Mandela Barnes dropped out of the governor’s race July 30 citing poor polling numbers, according to PBS.
“It’s become very clear who our nominee is going to be,” Barnes said, according to the outlet.
Socialist Democratic State Assemblywoman Francesca Hong was the heavy favorite to win Tuesday’s Democratic primary, but conceded on Wednesday to Democratic Milwaukee County Executive David Crowley, who was endorsed by outgoing Democratic Gov. Tony Evers.
Former Wisconsin Economic Development Corporation CEO Missy Hughes previously withdrew from the race and endorsed Rodriguez on June 22, Wisconsin Public Radio reported.
The Wisconsin Elections Commission previously decided to prevent already-returned absentee ballot spoiling in a 4-2 July 9 vote, according to WisPolitics.
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