Three Wisconsin voters, backed by the state’s Democratic Party, filed a lawsuit requesting a court order to allow absentee voters to void their ballots and request replacements. The action addresses complications arising from recent changes in the state’s competitive gubernatorial primary.
Lieutenant Governor Sara Rodriguez withdrew from the race recently, while Milwaukee County Executive David Crowley exited on July 8 but subsequently reentered the competition. Former state economic development director Missy Hughes dropped out in June. Despite these withdrawals, Rodriguez’s and Hughes’s names remain on ballots. Nearly 91,000 absentee ballots have already been returned, and voters who cast ballots for candidates no longer running would be unable to request replacements under current elections commission policy established on July 9.
The lawsuit, filed in Dane County Circuit Court, seeks to block the Wisconsin Elections Commission from distributing guidance to approximately 2,000 local election clerks stating that voters cannot request new ballots. The plaintiffs argue this policy violates state law and constitutional protections regarding voting rights and equal protection. The complaint asserts that without judicial intervention, thousands of voters could be disenfranchised.
Ballot spoiling—the practice of requesting a replacement ballot after submitting an absentee vote—has been legally contested before. A 2022 Republican-backed lawsuit resulted in a Waukesha County judge ordering the commission to allow spoiling, but a state appeals court halted this decision weeks before the midterm election. Subsequently, in February, the appeals court repealed the ruling on procedural grounds without addressing the case’s substance. The elections commission voted 4-2 in July to prohibit ballot spoiling, with one Democratic commissioner joining three Republicans in support.
The primary election is scheduled for August 11, leaving limited time for court action. The eventual Democratic primary winner will face Republican U.S. Representative Tom Tiffany, who faces minimal opposition in his party’s primary. Democratic Governor Tony Evers is not pursuing a third term.
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