No Guidance for Wisconsin Election Clerks After Top State Court Bans Ballot Drop Boxes

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The Wisconsin Elections Commission (WEC) has yet to release new guidance on how to handle absentee ballots for the Aug. 9 primary election after the stateโ€™s Supreme Court ruled that ballot drop boxes are illegal.

Republicans and Democrats on the commission repeatedly hit an impasse on July 12, when it came to deciding the meaning of the courtโ€™s July 8 ruling and how it should be interpreted and handled by more than 1,800 municipal clerks ahead of the primary.

The court ruled 4โ€“3 that drop boxes that enable people to drop off ballots cast by themselves and others are illegal under state law and voters must return their ballots in person.

โ€œWe hold the documents are invalid because ballot drop boxes are illegal under Wisconsin statutes,โ€ Justice Rebecca Bradley wrote in the majority opinion on July 8. โ€œAn absentee ballot must be returned by mail or the voter must personally deliver it to the municipal clerk at the clerkโ€™s office or a designated alternate site.โ€

The court didnโ€™t address the question of who can put an absentee ballot in the mail.

While state law says an absentee ballot โ€œshall be mailed by the elector,โ€ federal law allows for disabled people to receive assistance with their ballot, meaning the Supreme Courtโ€™s decision could make it more difficult for the disabled, as well as the elderly, to vote.

Potentially Confusing

At the commission meeting on July 13,ย Republicans said the panel should provide guidance to clerks running the elections to help them better understand the ruling, whileย Democrats argued that itโ€™s unclear what the commission can tell clerks, saying that the proposed guidance went too far and could potentially confuse clerks and spark a slew of lawsuits.

Meanwhile, Republican Commissioner Bob Spindell offered a proposal that would require voters to present identification when returning a ballot to a clerkโ€™s office, calling it a โ€œsecurity measureโ€ that would ensure only the voter can return a completed ballot, in line with the courtโ€™s decision.

Byย Katabella Roberts

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