A Dane County Circuit Court judge on Wednesday rejected a Democratic-backed lawsuit that sought to let voters who had already returned absentee ballots in the Aug. 11 primary spoil those ballots and request replacements.
Judge David Conway ruled that “the unambiguous language of the statute does not allow a voter to spoil an absentee ballot after it is returned.” He declined to issue a temporary restraining order that would have forced the Wisconsin Elections Commission to rescind its guidance.
On July 9, the bipartisan commission voted 4-2 to clarify that absentee voters cannot spoil a returned ballot solely because they change their mind or a candidate withdraws. Spoiling is limited to accidents or mistakes, such as marking errors or damaged ballots.
Democrats, including voters who had cast ballots for candidates who later exited the race, filed the suit with support from the Democratic Party of Wisconsin. They argued the guidance disenfranchised voters during the turbulent Democratic gubernatorial primary, when Lt. Gov. Sara Rodriguez suspended her campaign, and Milwaukee County Executive David Crowley re-entered the race.
The ruling deals a blow to Democrats who sought a do-over in the chaotic primary. Republican Party of Wisconsin Chairman Brian Schimming called it “yet another Hail Mary by establishment Wisconsin Democrats to stop Francesca Hong.”
WisPolitics noted the lawsuit followed the commission’s guidance after candidates withdrew from the Democratic primary for governor. Early voting is underway, and tens of thousands of absentee ballots have already been returned.
