Wisconsin Judge Blocks Absentee Ballot Spoiling in Democratic Primary

Early in-person voting began July 28 for the Wisconsin Democratic gubernatorial primary ahead of the August 11 election. The race has been destabilized by the withdrawals of Lt. Gov. Sara Rodriguez and former state economic director Missy Hughes, as well as the July 18 re-entry of Milwaukee County Executive David Crowley. With over 117,000 absentee ballots already returned, the Democratic Party of Wisconsin supported a lawsuit seeking to allow ballot spoiling so voters could cancel previous ballots and choose remaining candidates.

On July 29, Dane County Circuit Judge David Conway denied the request, ruling that state law does not allow a voter to spoil an absentee ballot after it has been returned. The decision upheld guidance from the Wisconsin Elections Commission and was opposed by the Republican National Committee. Attorneys for the voters argued the ruling would disenfranchise citizens, while the court maintained the statute's language was unambiguous.

The primary features a divided field, including democratic socialist Francesca Hong, who faces concerns over her electability in Milwaukee despite strong support in Madison. During the primary's sole debate, Hong stated she would not defund the police, while Crowley and former Lt. Gov. Mandela Barnes both positioned themselves as outsiders. The primary winner will face Republican U.S. Rep. Tom Tiffany in the November general election.