A state court judge in Wisconsin has determined that voters who have already submitted absentee ballots in the state’s primary election are unable to request replacement ballots, according to a ruling issued Wednesday. The decision came in response to a legal challenge supported by the Wisconsin Democratic Party, which had sought to provide voters with the opportunity to change their ballots due to circumstances surrounding the state’s primary contest for governor.
The Democratic Party’s attorneys had argued that state law permits voters to void absentee ballots that have been returned and select new ones before Election Day, a procedure known as ballot spoiling. Legal representatives contended that denying this option would disenfranchise voters across the state. However, Judge David Conway of Dane County found that the statutory language does not support this interpretation, stating that the law does not allow voters to spoil absentee ballots after submission. The judge also found that guidance issued by the Wisconsin Elections Commission to local election officials was consistent with the statute.
The ruling arrives amid an unusually turbulent primary season in the Democratic gubernatorial race. Lt. Gov. Sara Rodriguez, initially viewed as a frontrunner, withdrew from the race on July 17. Milwaukee County Executive David Crowley, who had exited the race on July 8, reentered it a day after Rodriguez’s withdrawal. Despite no longer being candidates, both Rodriguez and former state economic development director Missy Hughes remain on the ballot. More than 117,000 absentee ballots had been returned by the time of the ruling, raising Democratic concerns that many voters may have cast ballots for Rodriguez before her departure from the race.
The Wisconsin Elections Commission had voted on July 9 to distribute guidance to the state’s approximately 2,000 local election clerks stating that voters cannot change ballots after returning them. The judge declined to issue a temporary restraining order requested by Democrats, which would have directed the elections commission to withdraw this guidance. The decision is expected to face appeal as the primary voting process continues. The Democratic nominee will advance to the general election in November, where they will likely face Republican U.S. Rep. Tom Tiffany, who faces only minor opposition in his party’s primary.
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