The Wisconsin Supreme Court’s new liberal majority recently made a significant decision regarding the use of drop boxes for returning absentee ballots. This ruling overturns a previous decision from two years ago that had banned the practice. The court voted 4-3 in favor of progressive advocacy groups Priorities USA and the Wisconsin Alliance for Retired Americans, allowing municipal clerks to utilize ballot drop boxes during upcoming elections.
The court’s decision comes after the 2023 election of liberal Justice Janet Protasiewicz, which shifted the court to a 4-3 liberal majority after 15 years of conservative control. This change in the court’s composition could have significant implications for legal battles over issues such as abortion, voting rights, and electoral maps in Wisconsin.
The use of drop boxes for absentee ballots has been a contentious issue, particularly between Democrats and Republicans. Democrats have been supportive of drop boxes, especially during the COVID-19 pandemic, as a way to encourage safe and convenient voting. On the other hand, Republicans have sought to limit the use of absentee ballots following the 2020 election.
Under the previous conservative majority, the Wisconsin Supreme Court had ruled in 2022 that ballots must be returned to a clerk’s office or another designated site, rather than through drop boxes. However, the new liberal majority disagreed with this interpretation, stating that Wisconsin law requires absentee voting to be “carefully regulated” but does not mandate a skeptical view of drop boxes.
The dissenting conservative justices argued that the liberal majority’s decision was motivated by political considerations rather than legal interpretation. Despite this dissent, Democratic Governor Tony Evers praised the ruling as a “victory for our democracy,” emphasizing that drop-box voting is safe, secure, and legal.
Moving forward, the use of drop boxes will be at the discretion of local officials. Cities like Milwaukee and Madison are expected to implement drop boxes for the upcoming elections, providing voters with additional options for returning their absentee ballots. This decision could have a significant impact on voter turnout and the electoral process in Wisconsin.
