The Wisconsin Supreme Court is scheduled to hold oral arguments on Monday in a crucial case that will decide the fate of absentee ballot drop boxes in the state’s elections.
The court’s liberal majority will have the chance to overturn a ruling made by the court less than two years ago, which reduced the number of absentee ballot drop boxes in the state, during a time when conservatives held the majority.
If the current liberal majority of the court overturns that ruling, it could potentially lead to the reintroduction of absentee ballot drop boxes for the upcoming presidential election.
Democrats and progressives in the state have submitted multiple briefs in the case, urging the court to reverse its 2022 decision. Conversely, conservative groups and the Wisconsin Republican Party have filed several briefs in favor of maintaining the existing rules pertaining to drop boxes.
Jay Heck, the executive director of Common Cause Wisconsin, the state’s branch of the national nonpartisan government watchdog group, expressed their support for measures that make voting more accessible and feasible for people. In a statement, Heck highlighted the importance of such initiatives and emphasized their organization’s backing. Common Cause Wisconsin went a step further by filing an amicus brief in the case, urging the reversal of the 2022 ruling.
“He said that drop boxes were not used for any nefarious purpose, despite the worries and claims of election deniers and conspiracy theorists.”
After the 2020 election, drop boxes for absentee ballots faced significant criticism from former President Donald Trump and his allies. They made false claims that the use of drop boxes led to widespread voter fraud.
According to Wisconsin GOP Chairman Brian Schimming, one of the concerns regarding the wider use of drop boxes is the potential for “hijinks” by Democrats and the security of these drop boxes. However, the primary focus for the party is ensuring that the law is reversed.
According to him, the law in this state keeps changing unnecessarily, which could lead to confusion and chaos during voting.
“I don’t mind considering alternative perspectives,” Schimming expressed, “however, let’s not forget that we are merely six months away from the election, and we currently have a Supreme Court that seems to believe they have the power to legislate.”
The Wisconsin Elections Commission, the governing body responsible for overseeing elections in the state, introduced more flexible regulations for drop boxes at the start of the Covid pandemic in 2020. The use of drop boxes is not explicitly addressed in Wisconsin law, which has resulted in an ongoing legal debate surrounding this issue.
The Wisconsin Supreme Court made a significant decision in July 2022, with a 4-3 majority ruling that absentee voters in Wisconsin would only be allowed to drop their ballots off at the offices of election clerks. This means that the option of using drop boxes located elsewhere is no longer available to voters.
The Wisconsin Elections Commission does not have the authority to enact laws and policy regarding absentee ballot drop boxes, according to a ruling by the state’s high court. The power to do so lies solely with the state Legislature, which is currently controlled by Republicans.
In 2023, following the victory of liberals in gaining a majority on the court, the Democratic group Priorities USA took legal action to challenge the 2022 ruling that limited the use of drop boxes and imposed various rules and restrictions on absentee voting. This lawsuit, which initially faced limitations from a Wisconsin trial court, was subsequently appealed directly to the state Supreme Court, bypassing lower appeals courts.
In March, the Wisconsin Supreme Court’s four liberal justices voted to accept the case. Their focus was solely on determining whether the 22-month-old ruling was incorrectly decided, rather than addressing any other issues raised in the original suit.
According to the filings made by Priorities USA, they argue that the 2022 ruling was incorrect because Wisconsin law does not specifically address the use of drop boxes. They acknowledge that the law does state that absentee ballots must be returned by mail or in person, but they contend that it is still unclear whether voters can return absentee ballots in person to locations other than a clerk’s office.
The group stated in a filing that municipal clerks can agree to accept ballots at locations other than their own offices, including through secure ballot drop boxes placed elsewhere.
Advocacy organizations advocating for the reversal of the ruling believe that the court’s decision to take up the case indicates that its liberal justices have expressed concerns about the 2022 ruling and are inclined to overturn it.
Common Cause’s Heck expressed his belief that the case will likely be overturned, given the fact that it was taken up by the judges. Heck pointed out that three of the current progressive judges were strongly against the ruling in 2022, and Janet Protasiewicz, the newest addition to the bench, has shown alignment with their views so far.
