Wisconsin Elections Commission Fails to Release Guidance for Clerks After Supreme Court Rules Ballot Drop Boxes Illegal

Katabella RobertsJuly 13, 2022

The Wisconsin Elections Commission (WEC) has not yet released new guidance on how to handle absentee ballots for the upcoming August election after the Wisconsin Supreme Court ruled ballot drop boxes are illegal.

Both Republicans and Democrats on the commission repeatedly hit an impasse on Tuesday when it came to deciding what the Supreme Courts’ ruling meant and how it should be interpreted and handled by more than 1,800 clerks ahead of the Aug. 9 primary.

The court ruled 4-3 on July 8 that drop boxes that enable people to drop off ballots cast by themselves and others are illegal under state law and voters must return their ballots in person.

“We hold the documents are invalid because ballot drop boxes are illegal under Wisconsin statutes,” Justice Rebecca Bradley wrote in the majority opinion on July 8. “An absentee ballot must be returned by mail or the voter must personally deliver it to the municipal clerk at the clerk’s office or a designated alternate site.”

The Supreme Court did not address the question of who can put an absentee ballot in the mail.

While state law says an absentee ballot “shall be mailed by the elector”, federal law allows for disabled people to receive assistance with their ballot, meaning the Supreme Court’s decision could make it more difficult for the disabled to vote, as well as the elderly.

At their meeting on Tuesday, Republican commissioners said the commission should provide guidance to clerks running the elections to help them better understand the ruling.

Potentially Confusing

However, Democrats argued that it is unclear what the commission can tell clerks and that the proposed guidance went too far and could potentially confuse clerks and spark a slew of lawsuits.

Republican Commissioner Bob Spindell proposed a motion that would require voters to present ID when returning a ballot to a clerk’s office, calling it