The Wisconsin Supreme Court is currently considering overturning a ruling from 2022 that greatly reduced the number of absentee ballot drop boxes in the state. This ruling, if overturned, would allow for the reinstatement of most of those boxes, potentially impacting the 2024 presidential election. The court, now controlled by liberals, has the opportunity to reverse the previous ruling, which had been made when conservatives held the majority. The justices are focusing on the fact that Wisconsin state law is unclear on the issue of drop boxes and are dismissing claims made by conservatives that they are sources of fraud.
Liberal justices on the Wisconsin Supreme Court are emphasizing that there is no specific mention of drop boxes in the state statutes, and therefore, they should be considered neither unauthorized nor illegal. They argue that the use of drop boxes for absentee ballots was not proven to lead to any fraud or abuse in the 2020 election. The three liberal justices who dissented in the 2022 ruling believe that drop boxes should be considered legal and constitutional, and the newest liberal justice, Janet Protasiewicz, appears to share this view. The concept of “stare decisis,” which suggests that legal precedents should be respected, is being challenged in this case by the liberals.
Conservatives on the court continue to express skepticism about the use of drop boxes and argue against implementing them broadly for returning absentee ballots. They point out that the current state statute does not mention drop boxes as an authorized method for returning ballots. This ongoing debate in the Wisconsin Supreme Court is part of a larger saga regarding the use of drop boxes in the pivotal swing state of Wisconsin. The 2022 ruling limiting the use of drop boxes was challenged by a progressive group, Priorities USA, after the court’s liberal majority was restored in 2023.
Priorities USA filed a suit seeking to overturn the 2022 ruling that restricted the use of drop boxes and other absentee voting rules and restrictions. The liberal justices in the court agreed to only resolve the issue of whether the 2022 ruling was incorrectly decided, rather than addressing other matters raised in the suit. Priorities USA argues that Wisconsin law is silent on the specific issue of drop boxes, leaving it unclear whether voters can return absentee ballots in-person to locations other than a clerk’s office. Democrats and progressives in the state have filed briefs urging the court to overturn the 2022 decision, while conservatives and the Republican Party have supported upholding the current rules regarding drop boxes.
The debate over the use of drop boxes for absentee ballots has been highly contentious since the 2020 election, with former President Trump and his allies falsely claiming that widespread voter fraud occurred due to drop boxes. This narrative has shaped the ongoing arguments surrounding the legality and use of drop boxes in Wisconsin. The outcome of the current case before the Wisconsin Supreme Court could have significant implications for future elections in the state, particularly the 2024 presidential election, as the use of drop boxes may once again be allowed on a larger scale.
