Wisconsin Democrats are urging the state elections commission to permit voters who have already submitted absentee ballots to cast a new one, following the withdrawal of a gubernatorial candidate. The state Democratic Party made the request Tuesday, citing concerns that thousands of voters who have already returned their ballots could have their votes rendered invalid for the state's top office.
More than 80,000 absentee ballots have already been returned in the Democratic primary for governor, which is scheduled for Aug. 11. The plea to the elections commission comes just three weeks before the primary and is expected to lead to a lawsuit.
The request stems from Lt. Gov. Sara Rodriguez's decision to end her campaign for governor on Friday, and Milwaukee County Executive David Crowley rejoining the race with the endorsement of Gov. Tony Evers. Five Democratic candidates are now actively campaigning for the nomination.
Under current guidance approved by the bipartisan Wisconsin Elections Commission, voters who have already returned absentee ballots cast for Rodriguez would not be able to obtain a new ballot. This guidance was adopted after another Democratic candidate, Missy Hughes, dropped out of the race in June. Both Rodriguez and Hughes remain on the ballot.
The Wisconsin Democratic Party argues that the commission’s current guidance should be rescinded. The party contends the guidance reverses a rule that was in place four years ago and conflicts with a 2006 U.S. Supreme Court ruling stating that voting rules should not be altered close to an election.
"Some voters will not be able to truly participate in our Democratic primary process," said Democratic Party Chairman Devin Remiker in a statement. He noted the party consulted with all five actively campaigning Democratic candidates before making the request.
Rodriguez cited a lack of campaign funds as the reason for ending her bid, attributing financial miscalculations to her campaign manager. Crowley, who had previously withdrawn from the race on July 8 and endorsed Rodriguez, rejoined the contest the day after Rodriguez's announcement.
Both Crowley and Hughes had been trailing in public opinion polls before withdrawing. Hughes had called for Democrats to unite behind a single candidate to ensure a November victory.
Absentee voting began in late June, with early in-person voting starting July 28.
The Wisconsin Elections Commission has previously prohibited voters who have already submitted an absentee ballot from obtaining a new one. This decision was made despite a 2022 lawsuit regarding ballot spoiling, where a Waukesha County judge initially sided with a group seeking to rescind the commission's guidance. A state appeals court placed that ruling on hold before the 2022 midterm elections, and a subsequent appeals court decision in February effectively repealed the earlier ruling, stating the lawsuit was not properly served without addressing the merits of the case.
Despite these legal developments, the elections commission voted 4-2 to prohibit voters who have already returned an absentee ballot from casting a new one. The commission's decision included the vote of one Democratic commissioner and three Republicans, with two Democrats voting against the prohibition.
Wisconsin does not have party registration, making it impossible to determine how many voters who cast spoiled ballots belong to a specific party. Voters who have received an absentee ballot but have not yet voted can still spoil it and obtain a new one.
Historically, Wisconsin voters could spoil and recast an absentee ballot up to three times for any reason. However, this practice was uncommon, with data from the Wisconsin Elections Commission indicating that less than 1% of all votes cast between the 2018 midterms and the 2022 primary were from individuals who spoiled and recast an absentee ballot.