Ballot drop boxes now allowed in Wisconsin after state Supreme Court reverses 2022 decision

A ballot drop box in Madison, Wisconsin, that has been put out of commission. The city posted a sign explaining why it can no longer be used after a Wisconsin Supreme Court decision banned most absentee ballot drop boxes. (Wisconsin Examiner photo)

The Wisconsin Supreme Court ruled 4-3 on Friday that absentee ballot drop boxes are allowed to be used in the state, reversing its own decision on the issue from two years ago.

In 2022, the court’s then-conservative majority court ruled in Teigen v. Wisconsin Elections Commission that drop boxes weren’t allowed under state law and absentee ballots needed to be brought directly to municipal clerks. Drop boxes had been used in the state for decades prior to the decision, but became increasingly popular in 2020 as a way to safely vote during the COVID-19 pandemic. At the same time, drop boxes became the target of conservatives, who argued they were vulnerable to fraud and abuse.

The court, which flipped to a liberal-majority when Justice Janet Protasiewicz was elected in 2023, decided to revisit the issue this year with a case filed by Priorities USA, a national non-profit group, and Democrats. In Friday’s ruling the new majority said they were overturning its previous decision because the ruling was “unsound in principle.”

The decision comes just a little over a month ahead of Wisconsin’s August primary elections. 

The majority opinion’s author, Justice Ann Walsh Bradley, wrote that the new decision “does not force or require that any municipal clerks use drop boxes. It merely acknowledges what [the statute] has always meant: that clerks may lawfully utilize secure drop boxes in an exercise of their statutorily-conferred discretion.” 

Conservatives on the court slammed the decision as an attempt for liberals to advance a political agenda. Justice Rebecca Bradley, writing in a dissent for the three conservative justices, compared the Friday decision to the court’s December 2023 decision to overturn the state’s legislative maps. 

“The majority ends the term by loosening the legislature’s regulations governing the privilege of absentee voting in the hopes of tipping the scales in future elections,” Bradley wrote. 

The decision elicited celebratory reactions from Democrats and others who view the drop boxes as a way of expanding voter access and participation in the voting process. 

Gov. Tony Evers called the decision a “victory for our democracy.” He said the court affirmed that drop boxes are “safe, secure, and legal, and local clerks should be empowered to make decisions that make sense for their local communities.”

“We’re going to keep fighting to ensure that every eligible voter can cast their ballot safely, securely, and as easily as possible to make sure their voices are heard,” Evers said in a statement. 

Dane County Clerk Scott McDonell said drop boxes are a convenient alternative to mailing absentee ballots or returning them in person to an elections clerk and that they were a “common sense tool” that the county used safely and securely prior to the ban in 2022. 

“Having drop boxes in place for the 2024 elections in August and November will encourage civic participation in our democracy,” McDonell said in a statement.

Supporters of the decision said drop boxes will especially give certain voters, including those with disabilities and those in rural areas, easier access to voting. 

Disability Rights Wisconsin said in a statement that many voters with disabilities rely on absentee voting and for some it is their only option when it comes to casting a ballot. However, barriers exist including access to transportation and availability of an assistor to return an absentee ballot, the organization noted. 

“The ability to access ballot drop boxes will alleviate an important barrier for voters with disabilities and help ensure their vote is counted,” said Kit Kerschensteiner, director of Legal and Advocacy Services for Disability Rights Wisconsin.

Republican lawmakers and conservatives had varied reactions to the decision, with some criticizing the decision and others saying they are focused on upcoming elections. 

Sen. Eric Wimberger (R-Green Bay) said in a statement that drop boxes “ensure unequal access to elections depending on the actions of any particular county clerk.” Using a nefarious term that refers to dropping off completed ballots for people besides yourself, he said it also “affords bad actors the opportunity to ballot harvest unchecked.” He said the court’s decision also “degrades its own reputation by overturning itself within 2 years since the last decision” and “reduces confidence in the election process when we need reliable structure before the crucial 2024 election.”

Rep. Scott Krug (R-Nekoosa), chair of the Assembly campaigns and elections committee, said he wasn’t “going to complain about WI Supreme Court decisions,” and that he is instead “focused on winning elections.” 

“If you’re only complaining you’re not helping,” Krug wrote on social media. “Be an observer, work at the polls, be a part of the process providing oversight and accountability.”

The post Ballot drop boxes now allowed in Wisconsin after state Supreme Court reverses 2022 decision appeared first on Wisconsin Examiner.