Absentee ballots returned on time by voters must be counted even if local election officials fail to get them to a polling place by the 8 p.m. Election Day deadline, as long as the delay is caused only by officials, a Dane County judge ruled Tuesday.
Judge Everett Mitchell’s October 13 decision stems from 23 ballots in Madison during the April 77 Spring Election. The ballots reached the city clerk’s office on April 6, but a courier delivered them to polling places between 8:05 p.m. and 8:31 p.m. on Election Day. Local canvassers initially counted them. The Wisconsin Elections Commission later ordered them removed because state law requires ballots to reach the polling place by 8 p.m.
Mitchell ruled that voters who follow the rules should not lose their votes solely because of an official’s mistake. He ordered the commission to notify clerks statewide and barred it from rejecting ballots in similar future cases.
The ruling is limited. It does not apply if the voter or anyone else (such as the postal service, a friend, or a family member) contributed to the delay. Ballots that arrive at the clerk’s office too late to be delivered by 8 p.m. still will not count. Wisconsin law continues to require all absentee ballots to be in the municipal clerk’s possession by 8 p.m. on Election Day. Wisconsin law does not provide a grace period based on postmarks.
Voters can help ensure their ballots are counted by returning them as early as possible—by mail well ahead of Election Day, in person at the clerk’s office, or at an official drop box. Clerks generally recommend mailing ballots at least 10 days before the election. Voters can also cast a ballot in person on Election Day or during early voting. Anyone who has already returned a ballot and wants to confirm it was received should contact their municipal clerk.
The ruling comes weeks before the November 3 general election. The case involved voters Margaret and Robert Honig and a related challenge from Dane County officials.
You can read the full details of the case here.
