Court: Wisconsin Electors Bound to Original Ballot, No Changes Allowed
Wisconsin Judge Rules Absentee Ballots Cannot Be Cancelled and Voted Again
Wisconsin voters are not allowed to cancel their already-submitted absentee ballot and vote again, according to a ruling by a state judge on Wednesday.
Writing for the Waukesha County Circuit Court, Judge Brad Schimel declared that the Wisconsin Elections Commission’s guidance to municipal election clerks, which permitted voters to request their absentee ballot be “spoiled” for a chance to vote again, violated state law.
“The court finds that the statutes governing the absentee voting process are generally unambiguous. The legislature clearly set forth what… the rules are, with one possible exception,” Schimel wrote. “The August 1, 2022, memorandum to clerks and August 2, 2022, public press release both set forth information that is contrary to the statutes, and are illegal.”
Schimel emphasized that absentee voting in Wisconsin is considered a privilege, not a right, and the existing laws do not allow for a do-over by spoiling the ballot at the voter’s request. He also highlighted the legislature’s intention to prevent potential fraud, as once election fraud occurs, it cannot be rectified, resulting in disenfranchisement.
“A candidate will get votes improperly, and there is no way to adjust the vote count… As noted, the rules relating to absentee balloting are strict and the consequences are particularly tough,” he wrote. “The point: WEC and all election clerks had better get it right, or voters will be disenfranchised. This court had better get it right, too.”
The lawsuit against the Wisconsin Elections Commission was filed by Restoring Integrity and Trust in Elections (RITE) on behalf of a Wisconsin voter in September 2022. RITE argued that the commission’s guidance violated state law and could lead to fraud and confusion. Schimel agreed and issued a temporary injunction in October 2022, which has now been made permanent with Wednesday’s ruling.
The court will schedule a hearing to determine the precise language of the injunction and declaratory judgment that prohibits the distribution and use of the unlawful guidance by the Wisconsin Elections Commission.
Shawn Fleetwood is a staff writer for The Federalist and a graduate of the University of Mary Washington. He previously served as a state content writer for Convention of States Action and his work has been featured in numerous outlets, including RealClearPolitics, RealClearHealth, and Conservative Review. Follow him on Twitter @ShawnFleetwood.
What are the potential concerns raised by opponents of allowing voters to cancel their absentee ballots and vote again?
And voting again. He argued that allowing voters to cancel their already-submitted absentee ballot and vote again would undermine the integrity of the election process.
The ruling came as a response to a lawsuit filed by a conservative group, who argued that the Wisconsin Elections Commission’s guidance was unlawful and could lead to voter fraud. The group claimed that allowing voters to spoil their ballot and vote again could potentially result in individuals casting multiple votes, thereby compromising the fairness of the election.
In his ruling, Judge Schimel cited the statutes governing absentee voting in Wisconsin, which clearly state that once a voter has submitted their absentee ballot, it is final and cannot be changed. The judge noted that the legislature had clearly established the rules for the absentee voting process, and any deviations from these rules, as outlined in the Commission’s guidance, would be illegal.
The ruling has sparked controversy and debate among politicians and the public. Some argue that allowing voters to cancel and vote again would provide them with a safety net in case of errors or changes of mind. They believe that it is essential to prioritize the accuracy and validity of each vote, even if it means allowing for a do-over.
On the other hand, opponents of the Commission’s guidance argue that it opens the door for potential fraud and abuse. They stress the importance of following the established laws and ensuring that the election process remains transparent and secure.
As of now, the ruling stands and absentee voters in Wisconsin are not allowed to cancel their ballots and vote again. The Wisconsin Elections Commission has acknowledged the decision and indicated that it will abide by the court’s ruling.
This case highlights the ongoing debates surrounding absentee voting and election integrity. It poses important questions about the balance between accommodating voters’ rights and preserving the fairness of the electoral system. As the issue continues to evolve, it remains to be seen how other states and jurisdictions will approach similar challenges and rulings regarding the handling of absentee ballots.
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