The Wisconsin Supreme Court voted 4-3 last week against the use of ballot drop boxes in future elections and confirmed absentee ballots must be returned by the person named on the ballot.
Writing for the majority, Wisconsin Supreme Court Justice Rebecca Bradley cited a state law requiring absentee ballots to be returned to a clerk’s office or designated location – not to a random box.
“[The Wisconsin Election Commission (WEC)] may have been trying to make voting as easy as possible during the pandemic, but whatever their motivations, WEC must follow Wisconsin statutes,” wrote Bradley. “Good intentions never override the law.”
The court made no comment on whether a ballot could be mailed by someone other than the person named on the ballot, but confirmed that any changes to election policy must come from the State Legislature and not from the WEC.
“This case is about applying the law as written; that’s it,” wrote Justice Brian Hagedorn. “Significant questions remain despite our decision in this case, especially as absentee voting has become increasingly common…The Legislature and governor may wish to consider resolving some of the open questions these statues present.”
As expected, opponents claimed the ruling was part of a scheme designed to make it harder for some people to vote.
“[The court’s decision] has seemingly taken the opportunity to make it harder to vote or to inject confusion into the process whenever it has been presented with the opportunity,” wrote dissenting Justice Ann Walsh Bradley. “Without justification, [the majority] fans the flames of electoral doubt that threaten our democracy.”
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Republicans have been pushing to limit the use of ballot drop boxes and other risky collection methods since the 2020 election, when Democrats used the pandemic as an excuse to dramatically change election protocol. Former President Donald Trump and others claim these changes facilitated massive voter fraud that cost him the 2020 election.
In the state of Wisconsin alone, roughly 2 million people voted by absentee ballot in 2020 and the state utilized 570 ballot drop boxes. Wisconsin, a key battleground state, voted red by fewer than 25,000 votes in 2016 and blue by fewer than 21,000 votes in 2020.
The court’s decision means drop boxes will not be used for Wisconsin’s primary election in August, the midterm elections in November, or the presidential election in 2024.
Author’s Note: This is exactly what conservatives have been asking for and hopefully Wisconsin’s decision sets a precedent for other states as we move closer to midterms.
Sources:
Wisconsin Supreme Court outlaws ballot drop boxes for elections
The Wisconsin Supreme Court says ballot drop boxes aren’t allowed in the state
Wisconsin Supreme Court bars absentee ballot drop boxes outside elections offices