Absentee ballot drop boxes reinstated, Wisconsin Supreme Court rules

MADISON, Wis. (CBS 58) -- The Wisconsin Supreme Court has reinstated the use of absentee ballot drop boxes in the key swing state, a move that allows voters to access them during the 2024 election cycle.

In a 4-3 decision released Friday, the court's liberal majority determined a previous court order prohibiting ballot drop boxes is unconstitutional.

The ruling means voters will once again be able to return their absentee ballots via drop box.

In 2022, the court then-controlled by conservatives concluded drop boxes are illegal because there is no statute defining them in state law. Today, the court is controlled by liberals. The Wisconsin Institution for Law and Liberty (WILL) says it believes this is a sign the court is politicized.

“We don’t want a court to revisit every decision every time the membership of the court changes,” said Luke Berg, the deputy council for WILL.

Priorities USA, a progressive group, filed the lawsuit arguing drop boxes should be legal around all communities instead of those currently confined at election clerks' offices.

“Giving voters another opportunity to submit their absentee ballots in a safe and secure manner,” said Paulina Gutierrez, the executive director of the Milwaukee Elections Commission.

Democrats praised the decision while conservatives criticized liberal justices on the court for overturning a previous ruling from the court two years ago. In a statement, Milwaukee County Executive wrote the ruling allows more eligible voters accessibility to cast their ballots.

“This ruling from the Wisconsin Supreme Court also brings control back to local clerks to make absentee voting decisions that work best for the communities they serve, including here in Milwaukee County,” wrote Crowley.

There is no Wisconsin law that defines the use of drop boxes, which is why in 2022, the court ruled that drop boxes placed anywhere except for the election clerk’s office were illegal – resulting in a nearly total ban. Berg argues that the decision was ultimately not up to the court to overrule precedent.

“This is ultimately the legislature's call. If the legislature wants to authorize drop boxes, they can but it is not the job of a court,” said Berg. “It’s not going to have any of the safeguards or protections that one would assume the legislature would put into the law if it were to authorize drop boxes.”

State Senator Democrat Tim Carpenter argues it was within the court’s right to rule, writing in a statement, “The legislature has refused to take action, like on the bill to allow for Monday processing of absentee ballots, which would help out our election officials and provide results to the people earlier.”

For years, attitudes towards drop boxes have been widely criticized by Republicans, including former President Donald Trump. However, that tone shifted after liberal justices signaled overturning the ban during oral arguments in May.

In recent weeks, though, some of the state's top Republicans have said voters should embrace drop boxes should the liberal-leaning court reinstate their use. In a statement, Wisconsin GOP Chainman Brian Schimming called the overruling a “setback.”

“In a setback for both the separation of powers and public trust in our elections, the left-wing justices on the Supreme Court of Wisconsin have obeyed the demands of their out-of-state donors at the expense of Wisconsin,” wrote Schimming.

Trump has contradicted GOP efforts by falsely claiming that drop boxes were a source of fraud during the 2020 presidential election. He also recently endorsed “one-day voting” by “paper ballot” during rallies in Wisconsin.

There is no evidence that drop boxes have led to widespread voter fraud. In a statement, Governor Tony Evers wrote SCOWIS’s decision “affirms what voting rights advocates, local elections officials, and countless others have argued all along: drop box voting is safe, secure, and legal, and local clerks and election administrators should be empowered at the local level to make decisions that make sense for their local communities.”

Milwaukee’s Mayor Cavalier Johnson echoed similar statements, writing “there is no credible evidence drop boxes are an avenue for election law violations. And, Milwaukee will have appropriate protocols in place to assure continued election integrity.”

Republicans, including Schimming and Sen. Ron Johnson, has downplayed that the former president's narrative has made it harder to convince their base to embrace early voting.

Guiterrez says Milwaukee will have up to 15 drop boxes up and running by the August presidential primary, skipping the July 30th special election while the Milwaukee Elections Commission waits for guidance from the Wisconsin Elections Commission.

“It’s all about now reviewing the decision and looking at the schedule of when they would be available for operations,” said Gutierrez.

She says the elections commission is working closely with law enforcement to make sure those drop boxes are safe and secure.

“We have security cameras at all of our drop box locations and looking at ways we can enhance now,” said Gutierrez.
To see the full ruling, click here.