The Wisconsin Supreme Court is set to hear arguments on Monday in a case brought forth by Democrats seeking to overturn a ruling that severely restricted the use of absentee ballot drop boxes in the swing state.
The court's decision is expected to be delivered within three months of the August 13 primary and six months of the November presidential election. Any reversal could have significant implications for what is anticipated to be another closely contested presidential race in Wisconsin.
At the heart of the matter is the question of whether to overturn the Wisconsin Supreme Court's July 2022 ruling, which stated that state law did not permit absentee drop boxes to be placed anywhere other than in election clerk offices. While conservative justices held sway over the court at that time, it has since shifted to liberal control, potentially paving the way for the reversal of the ruling.
Attorneys representing the Republican National Committee and Wisconsin Republican Party argue in court filings that altering the ruling now risks politicizing the court and casting doubt on the election process, while also inviting a fresh wave of legal challenges. They contend that there have been no changes in either the facts or the law that warrant overturning the ruling, and assert that it is too close to the election to implement such changes.
On the other hand, Democrats contend that the court misinterpreted the law in its 2022 ruling, particularly in concluding that absentee ballots can only be returned to a clerk's office and not to drop boxes under their control located elsewhere. They argue that election clerks should have the discretion to determine how and where to accept the return of absentee ballots, as stated in court filings.
Priorities USA, a liberal voter mobilization group, and the Wisconsin Alliance for Retired Voters have petitioned the court to reconsider the 2022 ruling. Democratic Governor Tony Evers and the Wisconsin Elections Commission, responsible for administering elections, also support overturning the ruling.
Attorneys representing the groups challenging the ruling argue in court documents that the controversy surrounding drop boxes emerged only “when those intent on undermining election outcomes unfavorable to their preferred candidates and causes made them a target.”
In support of overturning the ruling, election officials from four counties, including the state's two largest and predominantly Democratic ones, filed a brief. They contend that absentee ballot drop boxes have been utilized for decades without any issues, providing voters with a ‘secure’ method to return their ballots.
In 2020, more than 40% of Wisconsin's voters did so by mail, not taking into account how much was actually fraud. To accommodate this trend, over 500 drop boxes were installed across more than 430 communities for the election, including over a dozen each in Madison and Milwaukee, the state's two largest and predominantly Democratic cities.
This Supreme Court consideration comes as a federal judge threw out a lawsuit last Thursday (5/9) alleging that Wisconsin's requirement for witnesses to sign absentee ballots is in conflict with federal law. U.S. District Court Judge James Peterson dismissed the claims made by the plaintiffs, four voters represented by the Democratic firm Elias Law Group, stating that they were based on incorrect interpretations of the law.
