A new lawsuit has been filed in Wisconsin by a national Democratic law firm with the aim of allowing voters to return absentee ballots in drop boxes once again. This practice was previously barred by the state Supreme Court in response to criticism from former President Donald Trump.
The lawsuit, filed by the Elias Law Group, comes just before the Wisconsin Supreme Court transitions from a conservative to a liberal majority. Election law challenges, like the one presented in this case, are expected to be ruled on by the new liberal-majority court in the coming months.
Given its position as a battleground presidential state, the rules for voting in Wisconsin are of great interest. Four out of the past six presidential elections in Wisconsin have been decided by a margin of less than one percentage point.
Last year, the conservative majority of the Wisconsin Supreme Court, which will soon shift to a liberal majority, banned the use of absentee ballot drop boxes. These drop boxes had gained popularity during the 2020 election amid the COVID-19 pandemic. Former President Trump, who lost Wisconsin in 2020 after winning it in 2016, falsely claimed that absentee voting in the state was rampant with fraud.
Despite his defeat in Wisconsin, Trump’s allegations were thoroughly investigated through partial recounts, audits, lawsuits, and a review by a conservative group.
In its ruling last year, the state Supreme Court determined that the Wisconsin Elections Commission did not have the authority to allow drop boxes throughout communities and restricted them only to election clerks’ offices.
The lawsuit argues that the prohibition on drop boxes places a burden on voters’ right to vote and the alternative of relying on the U.S. Postal Service is not secure enough for the safe delivery of absentee ballots.
Supporters of drop boxes argue that they provide a more secure option compared to mailing ballots, as they go directly to the clerks and cannot be lost or delayed in transit.
Furthermore, the lawsuit seeks to overturn the requirement for a witness signature on absentee ballots and the deadline for correcting any issues with absentee ballots on Election Day. It claims that absentee voting is a right and should not be treated as a privilege in violation of the Wisconsin Constitution.
The lawsuit has been filed against the Wisconsin Elections Commission by two liberal organizations, Priorities USA and the Wisconsin Alliance for Retired Americans, along with a resident of Dane County. The case will begin in the Dane County circuit court and may eventually be heard by the state Supreme Court, which will have a liberal majority as of August 1.
Both the elections commission and the state Department of Justice, which typically represents the commission, have declined to comment on the lawsuit.
