The Wisconsin Supreme Court ruled Friday that absentee drop boxes can be used before the November election, reversing a previous 2022 ruling and delivering a victory for Democrats.
In a 4-3 decision, the liberal-majority court ruled that delivering an absentee ballot constituted returning it to a “city clerk,” reversing its earlier ruling by the then-conservative-majority court arguing that it could be delivered only in electoral offices.
“By mandating that an absentee ballot be returned not to the ‘town office’ but ‘the town clerk,’ the legislature rejected the idea that the ballot must be turned in at a specific location and instead embraced the delivery of an absentee ballot for one person – the ‘city clerk,’” said Justice Ann Walsh Bradley, writing for the majority.
“Given this, the question is whether delivery to a collection box constitutes delivery ‘to the city clerk,’” Bradley continued.
“We conclude that it is. A collection box is set up, maintained, secured and emptied by the municipal clerk. This happens even if the collection box is in a location other than the municipal clerk’s office,” the majority opinion stated. “As analyzed, the statute does not specify the location to which the ballot must be returned and only requires that the ballot be returned to a location designated by the county clerk in his or her discretion.”
The ruling by the liberal-controlled state Supreme Court is a blow to Republicans in the state. Absentee drop boxes have become more popularly used during the COVID-19 pandemic, although Trump and some members of his party have baselessly claimed they are susceptible to fraud.
The decision in Wisconsin is particularly notable given that the state went for Biden in 2020 by less than a percentage point.
Wisconsin Democrats applauded the decision in a statement.
“Today’s decision affirms a basic principle: In a democracy, we must make it easier for eligible voters to vote – not impose barriers based on conspiracy theories,” said Ben Wikler, chairman of the state party. “By restoring access to safe and secure voting machines, the Court has ensured that voters in Wisconsin communities – cities big and small, in red areas and blue – can exercise their right to vote in a way that works for them. ”
The decision comes more than a year since the state’s high court flipped from a conservative majority to a liberal majority when Justice Janet Protasiewicz won a special election for a vacant seat on the bench.
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