Democratic Party of Wisconsin Challenges Absentee Ballot Restriction

The Wisconsin Elections Commission adopted new guidance on July 9 that prohibits voters from voiding a returned absentee ballot to cast a new one. In a 4-2 vote, the commission reversed its previous position, effectively restoring a restriction from a 2022 court ruling. The rule applies even when candidates have dropped out or Election Day remains weeks away, a situation currently affecting a volatile Democratic gubernatorial primary.

Critics of the decision, including Democratic Commissioner Mark Thomsen, argue the rule creates an unfair inconsistency because in-person voters can still receive replacement ballots for mistakes. The restriction comes despite previous legal arguments from Attorney General Josh Kaul, who maintained that voters should be allowed to replace returned ballots without needing to explain why a ballot was spoiled.

In response, the Democratic Party of Wisconsin has formally requested that the commission retract the guidance. Party Chair Devin Remiker stated that the guidance was issued improperly and warned that it could prevent voters from participating in the Democratic primary process. Remiker noted that allowing voters to spoil and recast ballots was standard practice before Republican-led lawsuits interfered with the process.