Absentee drop boxes, such as this one, can be utilized in the February 15 primary, the Wisconsin Supreme Court ruled on Friday. Photo by Rick Wood/Milwaukee Journal Sentinel.
Jul 5, 2024 Story by: Editor
MADISON, Wis. (AP) — In a significant turn of events, the Wisconsin Supreme Court decided on Friday that ballot drop boxes can be used across communities in the upcoming fall elections, reversing a prior ruling that had restricted their use.
The previous court decision, made in July 2022, limited drop boxes to local election clerks’ offices and mandated that only the voter could return their ballot in person. At that time, the court was under conservative control. However, with Janet Protasiewicz’s election in April 2023 shifting the court to a liberal majority, the landscape changed. Seizing the opportunity, progressive voter mobilization group Priorities USA requested the court in February to reconsider the earlier decision.
The decision to allow drop boxes could have a substantial impact on the presidential race, especially since Wisconsin is a pivotal swing state. President Joe Biden narrowly won Wisconsin in 2020, while Donald Trump claimed it in 2016. Expanding absentee voting is seen by Democrats as a means to boost voter turnout for their side.
In March, the justices agreed to review the drop box ban but did not consider other aspects of the case. This move sparked criticism from the court’s conservatives, who accused the liberal justices of seeking to give Democrats an electoral advantage. Democratic Governor Tony Evers also advocated for the reinstatement of drop boxes in April.
In a 4-3 ruling, the court stated that drop boxes can be used at any location. Justice Ann Walsh Bradley, representing the majority, emphasized that placing a ballot in a drop box managed by a local election clerk is equivalent to handing it directly to the clerk. She highlighted that local clerks have significant discretion in election administration, which includes using and locating drop boxes.
“Our decision today does not force or require that any municipal clerks use drop boxes,” Bradley wrote. “It merely acknowledges what (state law) has always meant: that clerks may lawfully utilize secure drop boxes in an exercise of their statutorily-conferred discretion.”
All three conservative justices dissented. Justice Rebecca Bradley argued that the liberals were advancing their political agenda and disregarding the precedent set by the 2022 ruling.
“The majority in this case overrules (the 2022 decision) not because it is legally erroneous, but because the majority finds it politically inconvenient,” Bradley wrote. “The majority’s activism marks another triumph of political power over legal principle in this court.”
The surge in absentee voting during the 2020 pandemic saw over 40% of voters casting mail ballots, a record high. More than 500 drop boxes were established in over 430 communities, including substantial numbers in Madison and Milwaukee, the state’s most heavily Democratic cities.
Despite claims from Trump and other Republicans that drop boxes facilitated cheating, no evidence has been presented to support these allegations. Election officials and some Republicans have argued that the boxes are secure, with an Associated Press survey finding no cases of fraud, vandalism, or theft affecting the 2020 election results.
The Wisconsin Legislature, controlled by Republicans, had intervened in the case, advocating for the justices to uphold the 2022 ruling. Their attorney, Misha Tseytlin, did not immediately respond to a request for comment on Friday.
State Republican Party spokesperson Matt Fisher labeled the decision a “setback,” stating, “This latest attempt by leftist justices to placate their far-left backers will not go unanswered by voters.”
Republican National Committee Chair Michael Whatley also criticized the ruling, claiming it “gives Democrats a green light to dismantle election security safeguards and invite election fraud.”
Conversely, Dane County Clerk Scott McDonell, who oversees elections in the state’s most Democratic county, praised drop boxes as a “common sense tool” that simplifies the voting process for rural and disabled voters and reduces the number of late-arriving ballots.
“Having drop boxes in place for the 2024 elections in August and November will encourage civic participation in our democracy,” McDonell stated. Source: AP News
