Madison's absentee ballot drop boxes are illegal but they're staying put — as permanent artworks criticizing Supreme Court ruling

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MADISON - Madison city officials have wrapped more than a dozen dormant absentee ballot drop boxes in art and criticism of a Wisconsin Supreme Court ruling barring voters from returning their ballots anywhere but a clerk's office or polling station.

The drop boxes, once painted to resemble the capital city's bright blue flag, have been transformed into permanent monuments against the court's July ruling that arrived amid a two-year battle between city officials and Republicans who promoted former president Donald Trump's false claims of widespread election fraud.

The boxes now feature the artwork of New York-based artist Jenny Holzer that includes Sojourner Truth's "Truth is powerful and will prevail." Madison city officials previously featured Holzer's work in 2020 as part of a voter outreach campaign.

Madison city officials are wrapping their dormant ballot drop boxes in art and criticism of a Wisconsin Supreme Court ruling barring the boxes' use.
Madison city officials are wrapping their dormant ballot drop boxes in art and criticism of a Wisconsin Supreme Court ruling barring the boxes' use.

"It’s really important for us to acknowledge that the state Supreme Court made a very bad decision and to acknowledge the Legislature has failed to act to make it easier and safer for people to vote," Madison Mayor Satya Rhodes-Conway said.

"We do not want to remove the drop boxes in the wake of the state Supreme Court decision — I wanted to transform them to acknowledge what's happening in this state and let them stand as a testament to the fact that the truth is powerful and will prevail."

"They are not a memorial. I hope they are a marker and perhaps a placeholder for the future."

The court's 4-3 ruling was a win for Republicans who now oppose the longstanding use of ballot drop boxes after their use proliferated during the coronavirus pandemic and was heavily criticized by Trump, who alleged with no evidence that absentee voting was rife with fraud and led to his reelection loss in 2020.

The court's conservative majority said state law does not permit drop boxes anywhere other than election clerk offices and only state lawmakers may make new policy stating otherwise — not the Wisconsin Elections Commission, which issued guidance to clerks allowing them.

More: How to register to vote, request an absentee ballot and answers to other questions about voting in Wisconsin

"WEC's staff may have been trying to make voting as easy as possible during the pandemic, but whatever their motivations, WEC must follow Wisconsin statutes. Good intentions never override the law," Supreme Court Justice Rebecca Bradley wrote for the majority.

Hundreds of absentee drop boxes were installed across the state in 2020 to help voters cast their ballots without interacting with other people. More than 40% of all votes cast that year were through absentee ballots.

Republicans began scrutinizing their use as Trump launched a baseless campaign against absentee voting ahead of his election loss that continues today.

Madison's defunct drop boxes also feature voting instruction for residents to help them return their ballots.

Need more help with voting questions? The Milwaukee Resource Guide is here to help. Have something you want answered? Submit a question.

Contact Molly Beck at molly.beck@jrn.com. Follow her on Twitter at @MollyBeck.

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This article originally appeared on Milwaukee Journal Sentinel: Madison absentee ballot drop boxes criticize Supreme Court ruling