In a last-minute bid to boost Milwaukee County Executive David Crowley’s gubernatorial campaign just weeks before Wisconsin’s Aug. 11 primary, the Democratic Party of Wisconsin is demanding that state election officials scrap guidance limiting absentee voters’ ability to “spoil” and replace returned ballots after a candidate drops out.
The request to the Wisconsin Elections Commission (WEC) follows last week’s chaos in which Lt. Gov. Sara Rodriguez dropped out amid a campaign finance scandal, which prompted Crowley (who had exited the race and endorsed Rodriguez) to jump back in. Tens of thousands of absentee ballots had already been returned by that point, and Democrats now want voters to get a “redo.”
On July 9, the bipartisan Wisconsin Elections Commission voted 4-2 to issue guidance clarifying that once an absentee ballot is submitted to a clerk, voters generally cannot cancel it and request a new one simply because they changed their mind or their preferred candidate withdrew. Republican Chairman Don Millis emphasized that returned ballots mark a point of no return, unlike in-person voting where limited spoiling is allowed at the polls.
In a letter to Millis Tuesday, Democrats argued the guidance should be rescinded to protect voters’ “valid voice.” Party Chairman Devin Remiker claimed allowing spoiling had been “standard practice” before what he called Republican lawsuits. The party’s attorney invoked a 2006 U.S. Supreme Court precedent against changing voting rules close to an election — the same principle the commission has cited in past defenses of its procedures.
Wisconsin law permits clerks to issue replacement ballots for spoiled or damaged ones returned before submission in certain cases, but courts have scrutinized expansive “do-over” interpretations. A 2022 Waukesha County circuit court ruling by Judge Brad Schimel found broad ballot spoiling after return illegal; though an appeals court later reversed on procedural grounds without reaching the merits, the commission’s recent guidance aligns with preserving ballot integrity once custody transfers.
The commission is unlikely to reverse its decision from earlier this month without a lawsuit first being filed.
