Wisconsin voters who return their absentee ballots for the August 11 primary cannot void and replace them, a Dane County judge ruled Wednesday. The decision rejects a Democratic-backed lawsuit aimed at allowing ballot spoiling amid a chaotic gubernatorial race where multiple candidates dropped out and reentered.
A Dane County circuit judge ruled Wednesday that Wisconsin voters who have already mailed or dropped off their absentee ballots for the upcoming state primary cannot pull them back to vote again. The decision deals a direct setback to Democrats and three local voters who challenged state election rules as early voting got underway.
A Chaotic Democratic Primary and the Absentee Ballot Dilemma
The legal fight centers on an unpredictable Democratic primary race for governor, which created uncertainty for voters across the state. Lt. Gov. Sara Rodriguez dropped out of the race on July 17 amid a campaign finance scandal. Just a day later, Milwaukee County Executive David Crowley reentered the campaign after previously bowing out on July 8.
Both Rodriguez and former state economic development director Missy Hughes—who ended her campaign in June—still appear on the ballot. According to source reporting, three Dane County residents who sued the state elections commission had all voted for a gubernatorial candidate who subsequently dropped out of the race. By Wednesday, more than 117,000 absentee ballots had already been returned, leaving thousands of electors anxious that their votes were cast for candidates no longer actively running.
The Courtroom Clash Over Ballot Spoiling
The practice of voiding an already-submitted absentee ballot to cast a new one is known as ballot spoiling
. On July 9, the bipartisan Wisconsin Elections Commission voted 4-2 to issue guidance to the state’s approximately 2,000 local clerks declaring that absentee voters cannot change or replace their ballots once submitted.
That guidance prompted three voters, supported by the Wisconsin Democratic Party, to file a lawsuit on July 23. Attorney Eduardo Castro argued in court that stopping voters from recasting ballots would mean that Voters across Wisconsin will be disenfranchised
if not permitted to update their choices before Election Day.
Dane County Circuit Judge David Conway rejected the request for a temporary restraining order to block the guidance. He determined that the unambiguous language of the statute does not allow a voter to spoil an absentee ballot after it is returned, concluding that the elections commission acted consistently with state law.
Dueling Legal Arguments and Past Battles
The dispute highlights a persistent partisan clash over election administration in Wisconsin. Republican officials welcomed the ruling.
“The judge got it right. The law is clear. Once a voter returns an absentee ballot to the clerk, the voter cannot decide to change his or her vote. The law does not permit do-overs.”
Don Millis, Republican chair of the Wisconsin Elections Commission
The underlying legal debate closely mirrors a 2022 court fight brought by a Republican group challenging a more permissive WEC policy that previously allowed ballot spoiling. While a lower court blocked spoiling in October 2022, an appeals court vacated that ruling earlier this year on technical grounds without reviewing the merits, leaving clerks seeking updated direction.
Discrepancies Between In-Person and Absentee Voting
Critics of the commission’s guidance point out a stark administrative divide in how different types of voters are treated under Wisconsin rules. Sam Liebert, the state director of All Voting is Local, noted that Election Day voters can receive up to three ballots at the polls if they make a mistake, whereas absentee voters are afforded no second chance once their envelope is handed back.
With the primary just weeks away on August 11, the legal battle underscores broader stakes for November. The winner of the Democratic primary is set to face Republican U.S. Rep. Tom Tiffany in an open seat battle, as Democratic Gov. Tony Evers is not seeking a third term.
