Ruling that bars ballot drop boxes is upheld
Absentee voting rules for state reaffirmed by judge
MADISON – A Waukesha County judge on Friday kept in place his decision from last week that determined absentee ballot drop boxes can’t be used in Wisconsin.
Waukesha County Circuit Judge Michael Bohren last week ruled ballot drop boxes could not be used in Wisconsin because state law says absentee ballots must be returned by mail or in person. He also determined voters cannot have someone else return their ballot for them.
Groups that support drop boxes asked to put the ruling on hold for the Feb. 15 primary for spring elections while they pursue an appeal. They argued that approach was best because the primary election is so soon.
Attorneys for Disability Rights Wisconsin and others gave the court affidavits from dozens of voters who said they believed they could not vote under Bohren’s ruling. Some said they needed assistance voting and couldn’t return ballots on their own.
Bohren on Friday denied the request to suspend his earlier ruling.
The case now moves to the appeals court as Democratic Attorney General Josh Kaul, Disability Rights Wisconsin and others try to knock down Bohren’s ruling.
With the appeal continuing, the possibility looms that the rules could change — perhaps more than once — between now and the Feb. 15 primary.
Drop boxes have long been available in some Wisconsin communities, but their use expanded greatly in Wisconsin in 2020 because of the coronavirus pandemic.
The Feb. 15 primary is expected to have a low turnout but will likely be higher than usual in Milwaukee because of the special election for mayor. Clerks are slated to mail absentee ballots on Tuesday.
The absentee ballot rules will be even more closely watched for the fall, when turnout will be much higher because of the races for governor and U.S. Senate.