In a controversial move that has stirred political tensions in Wisconsin, two Democratic members of the Wisconsin Elections Commission have taken legal action to challenge a new absentee ballot policy. This action comes after they voted against the guidance, which restricts voters from changing their absentee ballots if they have a change of heart or if their chosen candidate exits the race.
Wisconsin Elections Commission Policy Under Fire
The guidance, approved by the Wisconsin Elections Commission, asserts that absentee voters cannot “spoil” their ballots to cast new ones if their preferences change. This has become particularly contentious during the turbulent Democratic primary for the gubernatorial race, where candidate dropouts have caused shifts among voters. The policy was passed by a 4-2 vote on July 9, with Commissioners Ann Jacobs and Mark Thomsen opposing it.
Legal Challenge Emerges
A lawsuit filed by three voters who supported Lt. Gov. Sara Rodriguez, a candidate who previously exited the race, seeks to overturn the commission’s ruling. Jacobs and Thomsen have filed a motion to intervene in this lawsuit, arguing that the commission’s actions were “inconsistent with the law” and that their interests are not represented by the commission’s legal team.
Their brief criticizes the commission’s position, stating, “Moreover, the Commission’s guidance at issue unlawfully treats absentee voters worse than voters who cast their ballots on Election Day.” They highlight that in-person voters are allowed to spoil their ballots up to twice, while absentee voters face more restrictions, raising concerns of equal protection violations.
Call for Swift Court Action
Jacobs and Thomsen are urging the court to expedite the case, suggesting that if a decision is reached quickly, the commission could be ordered to retract the July 9 guidance. This would enable local clerks and the public to manage any requests from voters to spoil their ballots before the primary election deadline on August 11, 2026.
Commission Chair’s Response
Speaking to WISN-TV on July 21, Don Millis, the Republican Chair of the Wisconsin Elections Commission, expressed no intent to revisit the absentee ballot policy, asserting that it aligns with state law. He described the situation as “unfortunate” for those whose candidates withdrew but emphasized that altering the guidance would create chaos for election clerks handling the ballots.
Broader Political Implications
The Republican National Committee has also stepped into the fray, with Chairman Joe Gruters criticizing Democrats for allegedly seeking a “do-over” when dissatisfied with election outcomes. As of the latest reports, nearly 262,000 absentee ballots have been distributed, with about 100,000 returned to clerks, underscoring the high stakes and potential impact of the ongoing legal battle.
Further details and updates on this evolving situation can be found in the official documents and reports provided by the Wisconsin Elections Commission. Access the guidance here.
