Area clerks react to Wisconsin Supreme Court's decision on ballot drop boxes

City of Oak Creek clerks put up signage on city drop boxes to inform residents that they are not allowed to place their ballots in the drop boxes outside city hall.
City of Oak Creek clerks put up signage on city drop boxes to inform residents that they are not allowed to place their ballots in the drop boxes outside city hall.

Area clerks were unsurprised and prepared when the Wisconsin Supreme Court recently ruled, 4-3 that voters will not be allowed to use ballot drop boxes for upcoming elections.

Drop boxes have been a point of political contention in the state in recent elections. The voting method became popular during the pandemic when voters were hesitant about entering buildings. As a result, municipalities saw an huge uptick in absentee ballots being dropped in the boxes.

Most clerks saw the writing on the wall, although they said they were prepared for whatever outcome the court delivered, especially since the decision came four weeks before the Aug. 9 election and primaries. After running elections similarly in April, clerks quickly acted by posting signs and alerting voters of the changes.

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“It was not an unexpected decision, said Jennifer Moore, the clerk for the village of Sussex. “We had everything in place to go along with the decision and we’ve been proactive with signage and instructions to our absentee voters. We’re very open with them on how to make sure they know how to return their absentee ballot.”

Municipalities that use drop boxes, indoors or outdoors, whether previously for ballots or for other things like paying utility bills, have already posted signs notifying voters of the ruling and not to put their ballots in them.

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Instead, the ruling now requires that absentee ballots be returned in person at the appropriate dropoff spot during municipal operating hours or mailed in using the instructions provided with the ballot. Additionally, spouses may not return absentee ballots in person for each other. Wisconsin voters with significant physical disabilities may have a friend or family member drop their absentee ballot in a mailbox for them.

"The only issue we have is that person who filled out the ballot has to return it, and when you have married couples and families, it makes it harder for their husband, wife or kids because they can’t return it for anyone else," said Dan Green, clerk for the town of Delafield. "But at the same time, in the day and age we live in, I get why the precaution is being used."

Other municipalities are hearing frustration from voters over this policy.

"New Berlin voters are great with keeping abreast of election laws, and there were only a handful of voters that expressed frustration by the ballot drop box ruling," said Rubina Medina, clerk for the city of New Berlin. "While they were happy to walk their ballot in to our office, they were confused as to why they couldn’t return their spouse’s ballot. I certainly empathize with all of our voters, but my job is not to debate one way or the other."

While clerks agreed that all elections will be administered within the statutory guidelines in place, some voiced concerns about the ruling.

“I believe that anyone who works on election administration probably has some concerns regarding the ruling,” said Catherine Roeske, clerk for the city of Oak Creek. “We see it as a blow to the voting rights of Wisconsin voters. It could possibly disenfranchise voters across the state, including the city of Oak Creek. ... It definitely is not common sense election legislation. The convenience of secure drop boxes is something they really took away from our voters.”

What clerks want you to know

The ruling doesn't change much from the April election. with the exception of turning in a ballot for a significant other. However, area clerks still want to ensure that everyone who votes is counted.

"My job is to make sure that I administer a safe and secure election within the statutory guidelines provided to me and to make sure everyone’s vote will be counted as it should be," Roeske said. "Hopefully, our voters have no doubt in or questions their city clerk as we administer elections here."

Clerks have many processes in place that account for correcting potential errors in the voting process. For example, drop boxes still remain standing outside or inside many municipal buildings. Signs are posted to deter people from placing their ballots there, but if they do, clerks are able to contact that person to remedy the situation, which must be done before the polls close on election day.

Municipalities like Sussex had zero instances of this for the April elections, but they still have procedures in place.

"If you vote absentee, it is recommended that you should request your ballot early and return it early," Moore said. "This way if there are any errors, there’s time to rectify them so your ballot counts."

Clerks also mentioned paying close attention to the instructions for absentee voting, especially when it comes to the witness signature and address.

"Pay attention to the certification envelope, and be careful when filling it out," Green said.

If you have a question about voting, reach out to your municipality's clerk for guidance.

"My ultimate goal is for each voter to be able to cast a ballot and have that ballot be counted," Medina said. "If voters have questions, it’s important they reach out to their municipal clerk so they can get the answers they need to successfully cast a ballot."

Drew Dawson can be reached at ddawson@jrn.com or 262-289-1324.

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This article originally appeared on Milwaukee Journal Sentinel: Area clerks react to state Supreme Court decision on ballot drop boxes