The Wisconsin Supreme Court’s newly formed liberal majority has reversed a previous ruling that had banned most ballot drop boxes, potentially allowing their reinstatement before the upcoming November elections.
This significant decision marks a shift from the court’s previous stance under a conservative majority, which had ruled in July 2022 that absentee ballot drop boxes were not authorized under state law and thus deemed the Wisconsin Elections Commission (WEC) guidance encouraging their use as unlawful.
The original case, known as Teigen v. Wisconsin Elections Commission, focused on a state statute requiring absentee ballots to be returned “to the municipal clerk” either by mailing or delivering in person. The conservative majority at that time interpreted the statute to mean that offsite, unattended drop boxes were not permitted, and ballots could only be returned in person by the voter to the municipal clerk’s office.
In a close 4-3 ruling on Friday, the court reversed this decision. Justice Anna Walsh Bradley, representing the court’s liberal justices, argued that the statute does not explicitly differentiate between delivering ballots to ballot drop boxes, managed by municipal clerks, and delivering them directly to clerks. “Given this, the question then becomes whether delivery to a drop box constitutes delivery ‘to the municipal clerk’ within the meaning of Wis. Stat. § 6.87(4)(b)1,” wrote the majority. “We conclude that it does. A drop box is set up, maintained, secured, and emptied by the municipal clerk. This is the case even if the drop box is in a location other than the municipal clerk’s office.”
All three conservative justices dissented, accusing the majority of engaging in politically motivated “activism.” Justice Rebecca Bradley, writing for the minority, stated, “Intense partisan politics saturate our nation, exacerbated by a lack of institutional trust. The legitimacy of elections continues to be questioned, each side accusing the other of ‘election interference’ and ‘threatening democracy’ or even the very foundation of our constitutional republic. The majority’s decision in this case will only fuel the fires of suspicion.”
Bradley continued, “Whatever can be said of the majority’s decision, it ‘is not the product of neutral, principled judging.’ Although the majority attempts to package its disagreements with Teigen as legal, the truth is obvious: The majority disagrees with the decision as a matter of policy and politics, not law. The members of the majority believe using drop boxes is good policy, and one they hope will aid their preferred political party.”
The liberal majority’s decision follows the election of Democratic-backed candidate Janet Protasiewicz in April 2023, which flipped the Wisconsin Supreme Court to a 4-3 liberal control. Seeing an opportunity, Priorities USA, a progressive voter mobilization group, requested the court revisit the July 2022 decision. The justices announced in March that they would review the ban on drop boxes but would not consider other aspects of the case.
This move has sparked significant controversy. Conservatives, including Republican National Committee (RNC) Chairman Michael Whatley, argue that the decision opens the door for potential election fraud. “The new liberal majority on the Supreme Court overturned this recent precedent and opened the floodgates for drop boxes across the state just months before the presidential election,” Whatley said. “Make no mistake: this partisan decision handed down by a partisan Court gives Democrats a green light to dismantle election security safeguards and invite election fraud. The RNC’s unprecedented election integrity operation will continue fighting to ensure drop box safeguards are adopted and implemented.”
On the other hand, proponents of drop boxes, like Dane County Clerk Scott McDonell, argue that they make voting more accessible, especially for rural and disabled voters, and help reduce the number of late ballots. “Secure drop boxes provide a convenient alternative to mailing absentee ballots or returning them in person to an elections clerk,” McDonell stated. “Drop boxes are a common sense tool that Dane County utilized safely and securely for many years prior to the 2022 ban. Having drop boxes in place for the 2024 elections in August and November will encourage civic participation in our democracy.”
As Wisconsin remains a critical swing state—narrowly won by President Biden in 2020 and by Donald Trump in 2016—the reinstatement of drop boxes could have significant implications for voter turnout and election outcomes in the upcoming elections. The ongoing debate underscores the tension between ensuring election security and facilitating voter access, with both sides fiercely advocating for their perspectives on how best to achieve these goals.
