Wisconsin Court Rules to Reinstate Absentee Voter Ballot Boxes for Spring Primary

Wisconsin voters will be allowed to use controversial ballot drop boxes in next month's judicial primary election after an appeals court on Monday temporarily blocked a challenge from a legal advocacy group.

The appeals court issued a stay on Waukesha County Circuit Court Judge Michael Bohren's judgment issued Friday that state law prohibits the use of drop boxes to return absentee ballots. The judge also ruled that voters cannot have someone else turn in their ballot for them.

Both court decisions stemmed from a lawsuit filed in June by the Wisconsin Institute for Law & Liberty on behalf of two Waukesha County voters. The lawsuit argued that Wisconsin law requires absentee voters to mail or deliver in person their ballot, challenging previous guidance issued by the Wisconsin Elections Commission to local clerks.

The lawsuit further argued that allowing ballots to be cast "into an unsupervised, inanimate object invites the fraud and abuse that the Legislature was attempting to prevent."

"State law is clear on the two legal methods to return an absentee ballot: mailing it or delivering 'in person' to the clerk," Luke Berg, the institute's deputy counsel, told Newsweek in an email.

The issue could be appealed to the state Supreme Court. Berg said the institute is evaluating its options and is "confident that the circuit court's ruling will ultimately be upheld."

But the ruling from the appeals court's three-judge panel stated that the lower court's ruling would be disruptive to an election that is already underway. The appeals court ruling cited data submitted by Wisconsin Elections Commission Administrator Meagan Wolfe that as of Monday morning 8,398 ballots had been sent to voters by municipal clerks and at least 1,845 ballots had been delivered or are out for delivery.

Wisconsin will hold its primary election for judicial positions on February 15.

The circuit court judge's ruling was appealed by Disability Rights Wisconsin, which argued that it would make casting a ballot difficult or impossible for many disabled or elderly voters. The advocacy group applauded the appeals court ruling.

"Because of disability many voters must rely on a friend, family member or care provider to place their ballot in the mailbox, in a secure drop box, or return it to their clerk," the group said in a statement. "Having the right to request that a person of their choice return their absentee ballot is fundamental to exercising their right to vote. Changing the law for return of absentee ballots a few weeks in advance of the election would have created chaos and confusion and disenfranchised many voters."

Absentee voting has become increasingly common since the COVID-19 pandemic took hold in 2020. Republicans in Wisconsin and elsewhere have resisted increased absentee voting, arguing that it makes elections less secure and invites voter fraud.

An Associated Press investigation published last month found very little voter fraud in Wisconsin and other 2020 swing states.