Wisconsin Voters Sue to Replace Submitted Absentee Ballots

Three Wisconsin voters, supported by the Democratic Party of Wisconsin, filed a lawsuit in Dane County Circuit Court on July 23. The plaintiffs seek to allow absentee voters to void and replace ballots they have already submitted, a process known as ballot spoiling. This request comes after several candidates, including Lieutenant Governor Sara Rodriguez and former state economic development director Missy Hughes, withdrew from the gubernatorial primary.

Three Wisconsin voters argue that the current restrictions violate state law and the Wisconsin Constitution. The legal challenge follows a July 9 decision by the Wisconsin Elections Commission, which voted 4-2 to issue guidance prohibiting voters from requesting new absentee ballots after their first submission. With the primary scheduled for August 11 and nearly 91,000 absentee ballots already returned, the plaintiffs contend that the commission's policy unfairly restricts voters' choices.

The Wisconsin Department of Justice is expected to defend the Wisconsin Elections Commission in court. The lawsuit coincides with ongoing shifts in the race, including the reentry of Milwaukee County Executive David Crowley, who returned to the gubernatorial race after previously bowing out on July 8.