Will Wisconsin use drop boxes for voting this year?
The Wisconsin Supreme Court will reconsider limits it placed on drop box use
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What’s the status of ballot drop boxes in Wisconsin?
The Wisconsin Supreme Court announced on March 12 that it would review its previous ruling limiting the use of absentee ballot drop boxes. The previous ruling stated that drop boxes could only be placed in election offices and ballots could only be returned by the voter in person. After that ruling, the court's composition changed with Janet Protasiewicz's election victory in April 2023, shifting control to liberals. Priorities USA, a progressive political action committee, requested the court reconsider the ruling in February. While the justices agreed to review the ban on drop boxes, they declined to reconsider other aspects of the case. The potential reversal of the drop box ban could impact the 2024 presidential race, as Wisconsin is a battleground state.
What did the Wisconsin Supreme Court have to say about drop boxes back in 2022?
In 2022, Wisconsin's Supreme Court ruled that absentee ballot drop boxes could only be placed in election offices and that only voters themselves could return their ballots in person. The ruling did not address whether others could return ballots on behalf of voters, a practice sometimes referred to as “ballot harvesting,” which some claim is susceptible to fraud (despite a lack of evidence in Wisconsin). Advocates for drop boxes argue they offer a secure alternative to mailing ballots, and 29 other states allow their use.
What is ballot harvesting?
Ballot harvesting refers to a practice in which third parties collect and deliver ballots on behalf of voters, a process allowed in some states but prohibited in others. In states where it's legal, volunteers or campaign workers can collect completed ballots from voters' homes and submit them to polling places or election offices. However, critics express concerns about the potential for abuse and interference, especially in states lacking restrictions on who can return ballots for others. The legality and regulation of ballot harvesting varies by state, with some states implementing limits on the number of ballots a person can collect or strict procedures to ensure ballot security.
What will the situation be like in 2024 for voters?
While the shift in the Wisconsin Supreme Court's composition could result in reversing the limits on drop boxes in the state, it's important to note that the outcome remains uncertain until the court issues its decision. The state of drop boxes in the upcoming 2024 general election will ultimately depend on how quickly the court moves in its deliberations and renders a decision.
Why are we talking about this now?
The discussion surrounding Wisconsin's drop box restrictions and ballot harvesting has been reignited due to the Democratic Gov. Tony Evers urging the Wisconsin Supreme Court to reverse its ruling, emphasizing the absence of explicit legislation regarding drop boxes in Wisconsin law. Evers argued that depositing a ballot into a drop box maintained by the municipal clerk constitutes a personal delivery to the clerk, akin to mailing a ballot. Drop boxes, which gained popularity during the pandemic, have been utilized in Wisconsin for years, particularly in heavily Democratic cities like Madison and Milwaukee. Evers urging the court to reverse its ruling has resulted in false and misleading discussions around drop boxes and election integrity.