In a significant ruling on Friday, the Wisconsin Supreme Court restricted the use of most ballot drop boxes and prohibited individuals from returning a ballot on behalf of another voter. The decision marks a major setback for Democrats in a key battleground state ahead of pivotal elections.
Democrats and voting rights advocates had argued that limiting ballot drop boxes could disenfranchise some voters, particularly those with disabilities. However, conservative groups in Wisconsin contended that the voting practices utilized during the 2020 election, including the widespread use of ballot drop boxes, were not in line with state law and increased the risk of fraud.
Although Wisconsin state law does not explicitly address ballot drop boxes, the court’s conservative majority, in a 4-3 decision, ruled that their absence from the law implies they are not permitted. Justice Rebecca Bradley, writing for the majority, noted that “Ballot drop boxes appear nowhere in the detailed statutory system for absentee voting.”
The court found that the Wisconsin Election Commission, which oversees the state’s elections, exceeded its authority when it advised local election officials to permit the use of drop boxes during the 2020 election, which took place amid the COVID-19 pandemic. According to the ruling, voters must now drop off absentee ballots themselves at the clerk’s office or other designated sites, rather than using unattended drop boxes.
However, the justices left open the possibility that someone could still mail a ballot on behalf of another voter, as this issue was not directly addressed in the ruling.
The decision, coming just weeks before Wisconsin’s August 9 primaries, sets the stage for the upcoming elections in the state. Key races include the reelection bid of Democratic Governor Tony Evers and Republican Senator Ron Johnson’s fight to retain his seat. The outcomes of these races could influence control of the U.S. Senate and are likely to play a crucial role in the 2024 presidential election.
Governor Evers responded to the ruling by criticizing it as part of ongoing efforts by Wisconsin Republicans to restrict voting rights. “This is yet another step to make it more difficult for Wisconsinites to cast their votes, to undermine our secure and fair elections, and to endanger our democracy,” Evers said in a statement.
Rick Esenberg, president of the Wisconsin Institute for Law and Liberty, the organization that filed the lawsuit challenging the use of drop boxes and third-party ballot returns, praised the court’s decision, saying it provides “substantial clarity” on election laws in the state. “Wisconsin voters can now be assured that state law, rather than guidance from the Wisconsin Election Commission, will govern how elections are conducted,” Esenberg stated on social media.
The Wisconsin Election Commission’s guidance on easing voting procedures during the pandemic has drawn sharp criticism from some Republicans, particularly after President Joe Biden narrowly won Wisconsin by fewer than 21,000 votes in 2020.
Ballot drop boxes gained popularity during recent elections in Wisconsin. More than 520 drop boxes were used in the 2020 general election, and that number rose to 570 across 66 of the state’s 72 counties during the 2021 spring elections, according to statistics cited in Friday’s ruling.
In her opinion, Justice Bradley, who was appointed to the court by former Republican Governor Scott Walker, drew parallels between the use of drop boxes and rigged elections in authoritarian regimes such as North Korea and Syria. “The illegality of these drop boxes undermines the public’s confidence that the election results reflect their will,” she wrote.
Although critics of the 2020 election have not presented evidence of widespread fraud that could have changed the outcome, former President Donald Trump has continued to claim that changes to voting rules during the pandemic unfairly influenced the results in key states, including Wisconsin. Following Friday’s ruling, Trump took to his social media platform, Truth Social, to assert that he had won Wisconsin due to the use of drop boxes.
Election officials in Wisconsin announced that they are reviewing the court’s decision and will meet to discuss its implications for upcoming elections.