The Wisconsin Supreme Court, under its new liberal majority, has reversed a ruling that banned most ballot drop boxes, opening the door for their use in the crucial swing state before the November election. This decision comes after a 2022 ruling by the then-conservative majority deemed drop boxes unauthorized under state statute.
The 2022 case, Teigen v. Wisconsin Elections Commission, centered on a statute requiring absentee ballots to be returned to the municipal clerk either by mail or in person. The court upheld that offsite, unattended drop boxes were not permitted, and boxes could only be placed in local election clerks’ offices.
However, in a 4-3 ruling on Friday, the liberal justices reversed course. Justice Anna Walsh Bradley, writing for the majority, argued that the statute does not differentiate between delivering ballots to inanimate objects like drop boxes, determined by municipal clerks, or to the clerks themselves. The majority concluded that drop boxes, set up, maintained, and emptied by the municipal clerk, constitute delivery ‘to the municipal clerk.’
The three conservative justices dissented, accusing the majority of politically motivated ‘activism.’ Justice Rebecca Bradley, writing for the minority, expressed concern that the decision fuels suspicion around election integrity and undermines institutional trust. The dissenters argued that the majority’s decision stems from policy and political disagreements, not legal principles.
In April 2023, Democratic-backed candidate Janet Protaswiecz’s victory flipped the Wisconsin state Supreme Court to liberal control. Priorities USA, a progressive voter mobilization group, subsequently requested a review of the 2022 ban on drop boxes. The move drew criticism from the court’s conservatives, who accused the liberals of seeking to advantage Democrats in the upcoming election.
Republicans who control the Wisconsin Legislature also intervened in the case, advocating for the preservation of the 2022 ruling. The decision comes as Wisconsin is poised to be a crucial swing state in the 2024 presidential election. Donald Trump narrowly won the state in 2016, while President Biden won it by a small margin in 2020.
The Republican National Committee (RNC) Chairman Michael Whatley denounced the decision, asserting that it dismantles election security safeguards and invites election fraud. Dane County Clerk Scott McDonell, who administers elections in Wisconsin’s most Democratic county, countered that secure drop boxes enhance voter convenience, particularly for rural and disabled voters, and help reduce late ballots.
The debate surrounding drop boxes highlights the ongoing tensions around election integrity and the partisan divide in American politics. While Democrats argue that drop boxes expand voter accessibility, Republicans express concern over potential fraud. The upcoming 2024 election will undoubtedly see this issue continue to be a focal point.
