Wisconsin Judge Orders Officials to Stop Allowing Voters to ‘Spoil’ Ballots and Cast New Ones

Zachary StieberOctober 8, 2022

Voters in Wisconsin cannot cancel their ballot and cast a new one once a vote has been cast, a judge in the state has ruled.

Waukesha County Circuit Judge Brad Schimel on Oct. 5 granted a request for a temporary injunction against the practice, which had been promulgated to officials across the state by the Wisconsin Elections Commission (WEC).

Wisconsin voter Nancy Kormanik sued the commission over the commission’s guidance, which says that clerks can give completed and submitted absentee ballots back to a voter, arguing it violates Wisconsin law that says the clerk “shall not return the ballot to the elector” once submitted.

The guidance was issued after several candidates dropped out of high-profile races, including Democrat candidates for the U.S. Senate like Alex Lasry.

Schimel, a former Republican Wisconsin attorney general, sided with Kormanik and ordered an injunction that took effect on Friday afternoon.

Restoring Integrity and Trust in Elections is representing Kormanik. The group was started by former Bush administration official Karl Rove and others.

“Today’s ruling is another major victory for Wisconsin voters. WEC’s unlawful guidance destroys voter confidence and taints the integrity of Wisconsin’s elections. Once a vote is cast, it is cast. Period,” Derek Lyons, president and CEO of the group, said in a statement.

WEC did not respond to a request for comment.

The defendants appealed the decision to the state Court of Appeals, which has not yet ruled on the matter.

A temporary injunction can later be rescinded, stayed, or made permanent. The case is still ongoing.

Voting has already started in Wisconsin, where the governor’s mansion and a U.S. Senate seat are among the positions up for grabs.

The Democratic National Committee has intervened in the case, siding with the WEC.

“We disagree with this decision to restrict voting access in Wisconsin,