Wisconsin Judge: Returned Absentee Ballots Cannot Be Replaced

Wisconsin voters who have already cast their absentee ballots for the state's primary cannot void them and request a new one, a judge ruled Wednesday. This decision deals a blow to Democrats, who had filed a lawsuit aiming to allow voters a do-over following a chaotic primary in the governor's race.

More than 117,000 absentee ballots had been returned by Wednesday. Democrats expressed concern that many of these might have been cast for Lt. Gov. Sara Rodriguez, a former frontrunner who withdrew on July 17 amid a campaign finance scandal. Her name, however, remains on the ballot alongside another candidate who had also dropped out.

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the unambiguous language of the statute does not allow a voter to spoil an absentee ballot after it is returned.

Dane County Circuit Judge David Conway disagreed with the Democrats' argument, ruling that "the unambiguous language of the statute does not allow a voter to spoil an absentee ballot after it is returned." He stated that the guidance issued by the bipartisan Wisconsin Elections Commission to local election clerks was consistent with the law. The judge declined to issue a temporary restraining order sought by Democrats to rescind the commission's guidance.

"The judge got it right," said Don Millis, the Republican chair of the elections commission. "The law is clear. Once a voter returns an absentee ballot to the clerk, the voter cannot decide to change his or her vote. The law does not permit do-overs." The Republican National Committee opposed the effort to allow for revoting, noting that ballot spoiling was also the subject of a 2022 lawsuit brought by a Republican group.

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The law is clear. Once a voter returns an absentee ballot to the clerk, the voter cannot decide to change his or her vote. The law does not permit do-overs.