Judge rules Wisconsin voters can’t recast absentee ballots
A Wisconsin judge has blocked Democratic voters from recasting absentee ballots in the state’s gubernatorial primary due to a recent legal dispute arising from candidate withdrawals and reentries that disrupted the race. The Wisconsin Democratic Party sued the Wisconsin Elections Commission, arguing that voters should be allowed to submit new ballots after their initial ones, especially given the candidate changes. However, Circuit Judge David Conway ruled that Wisconsin law does not permit voters to replace an absentee ballot once it has been returned, citing clear legal language against “spoiling” ballots. This decision has prompted criticism from Democrats, who believe the ruling undermines longstanding voting practices and complicates the primary process. The controversy originated after several candidates, including Lt. Gov. Sara Rodriguez and Milwaukee County Executive David Crowley, withdrew and rejoined the race, prompting the Elections Commission to clarify that ballots cannot be replaced or invalidated after submission. The case highlights ongoing debates over voting procedures and election law in Wisconsin.
A Wisconsin judge on Wednesday blocked Democratic voters from recasting absentee ballots in the state’s gubernatorial primary after a series of candidate withdrawals and reentries upended the race.
The ruling comes after the Wisconsin Democratic Party sued the Wisconsin Elections Commission last week, seeking to allow voters who had already returned absentee ballots to cast new ones. The lawsuit was filed after more than 80,000 absentee ballots had already been submitted and after candidates altered the race by dropping out or reentering.
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Dane County Circuit Judge David Conway ruled that Wisconsin law does not permit voters to replace an absentee ballot once it has been returned.
“The unambiguous language of the statute does not allow a voter to spoil an absentee ballot after it is returned,” Conway wrote.
Wisconsin Democratic Party Chairman Devin Remiker criticized the decision and said the party is considering its next steps.
“The decision to change the rules around voting that were a long-standing practice before Republicans’ attempts to suppress absentee voting was wrong, and we disagree with the ruling today,” Remiker said in a statement, adding the party would “examine their options” going forward.
Wisconsin Republicans argued that Democrats were attempting to rewrite election rules after their primary field shifted.
“Their primary is already chaotic enough,” Wisconsin Republican Party Chairman Brian Schimming previously told the Associated Press. “Election laws should not be changed to rescue one party from the consequences of its own actions.”
The legal dispute stems from a turbulent Democratic primary. Lt. Gov. Sara Rodriguez, long viewed as a front-runner, dropped out of the race July 17 after reports that her campaign mishandled finances. Rodriguez’s campaign manager allegedly inflated fundraising numbers by counting contributions twice. The former frontrunner said the reports would be a “distraction” and suspended her campaign.
One day later, Milwaukee County Executive David Crowley reentered the contest after suspending his campaign July 8.
Earlier this month, former Wisconsin Economic Development Corporation CEO Missy Hughes also suspended her campaign, prompting the Wisconsin Elections Commission to clarify that voters could not receive a replacement absentee ballot simply because their preferred candidate had exited the race.
In a 4-2 vote on July 9, the commission adopted guidance stating that absentee ballots may not be “spoiled” and replaced because a voter changes their mind or because a candidate withdraws.
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Addressing voters on social media, the commission wrote: “Have you already returned your absentee ballot and your chosen candidate drops out of the race? There are no ‘do-overs’ in this scenario to spoil your ballot.”
The guidance marked a departure from prior practice. For years, Wisconsin voters were generally allowed to spoil a returned absentee ballot and receive a replacement — up to three times — for any reason before the statutory deadline. Then-Waukesha County Judge Brad Schimel ruled that practice unlawful in 2022, but the decision was later overturned by the Wisconsin Court of Appeals.
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