In a significant move, Wisconsin’s Supreme Court, now with a liberal majority, has overturned a previous ruling that had banned most ballot drop boxes in the state. This reversal allows election officials to reinstate their use ahead of the upcoming November elections.
The original ruling in July 2022 deemed absentee ballot drop boxes unauthorized under state law. This decision, rooted in the Teigen v. Wisconsin Elections Commission case, stipulated that absentee ballots must be returned either by mail or in person to the municipal clerk, effectively outlawing offsite, unattended drop boxes, according to Fox News.
On Friday, the court’s new liberal majority reversed this decision in a narrow 4-3 ruling. Justice Anna Walsh Bradley, writing for the majority, asserted that the state statute does not explicitly prohibit drop boxes. She argued that since drop boxes are maintained by municipal clerks, their use aligns with the statute’s requirement for ballot delivery.
The court’s conservative justices, however, strongly dissented. Justice Rebecca Bradley accused the majority of political activism, suggesting their decision was driven by policy and political preferences rather than legal principles. The dissenters warned that this ruling could further erode public trust in election integrity.
This decision follows the election of Democratic-backed Justice Janet Protasiewicz in April 2023, which shifted the court’s balance to a 4-3 liberal majority. The reversal was prompted by a request from Priorities USA, a progressive group, to revisit the 2022 decision.
The ruling has sparked a contentious debate. Republicans, who control the Wisconsin Legislature, argue that the decision undermines election security. RNC Chairman Michael Whatley criticized the ruling as a partisan maneuver that could lead to election fraud.
As a pivotal swing state, Wisconsin’s handling of absentee ballots and drop boxes will be closely watched in the lead-up to the 2024 elections.
