What's happened
A Dane County judge has ruled that voters who already cast absentee ballots for a candidate who has dropped out cannot change their ballots. The decision comes as more than 100,000 absentee ballots have been returned and court action looms ahead of the Aug. 11 primary, with Lt. Gov. Sara Rodriguez and Milwaukee County Executive David Crowley among the affected candidates. The ruling preserves a guidance by the Wisconsin Elections Commission which prohibits ballot spoiling after submission, a practice that dates to a 2022 lawsuit.
What's behind the headline?
Context and implications
- The ruling impacts tens of thousands of absentee ballots already cast, potentially disenfranchising voters who backed a candidate no longer in the race.
- The decision relies on existing state law and a 2022 court ruling; the issue now moves to potential appeals that could redefine ballot spoiling.
What to watch next
- How州 courts respond and whether guidance is revised before Aug. 11.
- Whether more voters seek court relief to overturn the guidance.
- The impact on the Democratic primary outcome if ballots are spoiled or count differently.
How we got here
The Wisconsin primary remains heated as candidates shuffle in and out of the race. Rodriguez had been seen as the Democratic frontrunner before dropping out, and Crowley reentered the race after suspending his campaign. Missy Hughes, who had also dropped out, remains on the ballot. The case centers on whether absentee voters can request a new ballot after their initial submission if their chosen candidate exits the race. The Wisconsin Elections Commission issued guidance against ballot changes after submission.
Our analysis
Independent reports, AP News coverage, and Dane County Court records indicate the key legal question centers on whether absentee ballots can be spoiled and rerouted after a candidate drops out. The Wisconsin Elections Commission has maintained its guidance against ballot changes post-submission, a stance now subject to court scrutiny. Direct quotes: "Voters across Wisconsin will be disenfranchised" (attorney Eduardo Castro) and "the elections commission must rescind its guidance" (2022 litigation).
Go deeper
- Will voters who have already returned absentee ballots be able to change their votes if the court rules in favor?
- When will the next court decision come, and could it delay the August primary?
- Which candidates are most affected by the ruling and how might that shift polling?
More on these topics
-
Wisconsin Elections Commission - Wisconsin state commission charged with administering and enforcing election laws
The Wisconsin Elections Commission is a bipartisan regulatory agency of the state of Wisconsin established to administer and enforce election laws in the state. The Wisconsin Elections Commission was established by a 2015 act of the Wisconsin Legislature which also established the Wisconsin Ethics Commission to administer campaign finance, ethics, and lobbying laws. The two commissions began operation on June 30, 2016, replacing the Wisconsin Government Accountability Board (GAB), which was abolished. The Government Accountability Board had been established in 2008 to replace the Wisconsin Elections Board and Wisconsin Ethics Board.
-
Tom Tiffany - United States Representative
Thomas P. Tiffany is a businessman and politician serving as the U.S. Representative for Wisconsin's 7th congressional district since 2020. A member of the Republican Party, he was previously elected to the Wisconsin State Assembly and Wisconsin Senate.
-
Wisconsin - US State
Wisconsin is a U.S. state located in the north-central, Midwest and Great Lakes regions of the country. It is bordered by Minnesota to the west, Iowa to the southwest, Illinois to the south, Lake Michigan to the east, Michigan to the northeast, and Lake S
-
Tony Evers - Governor of Wisconsin
Anthony Steven Evers is an American politician, educator and the Governor-elect of Wisconsin. He is currently serving as the 26th Superintendent of Public Instruction of Wisconsin since 2009.