Wisconsin Supreme Court Hears Arguments Regarding Absentee Ballot Drop Boxes

Tuesday, May 14th, 2024 -- 12:01 PM

(Rich Kremer, Wisconsin Public Radio) The Wisconsin Supreme Court’s liberal majority voiced strong skepticism Monday about a 2022 ruling from the court’s former conservative majority, which led to a near-total ban on absentee ballot drop boxes.

Conservative justices, who are now in the minority, defended their ruling, with one insinuating their liberal colleagues are considering overturning the decision because they’re acting like a “super legislature.”

The voter mobilization group Priorities U.S.A., the Wisconsin Elections Commission and Democratic Gov. Tony Evers are asking justices to overturn the court’s 2022 decision, which states that because state law doesn’t explicitly allow for drop boxes, local clerks can’t use them.

Those parties claim conservative justices got it wrong two years ago and the prior ruling made voting harder. The Republican-controlled Wisconsin Legislature, which intervened in the current case, argues the 2022 decision should not be overturned simply because the court’s majority has shifted.

The use of absentee ballot drop boxes exploded during the 2020 presidential election, as voters heeded warnings to avoid public places during the COVID-19 pandemic.

By spring of 2021, there were 570 drop boxes spread across 66 of Wisconsin’s 72 counties, according to the WEC. During oral arguments Monday, conservative justices grilled attorneys for Priorities U.S.A, the elections commission and the governor.

Justice Rebecca Bradley, who wrote the 2022 opinion that banned nearly all absentee ballot drop boxes, said the Supreme Court doesn’t exist to provide elections guidance. “We declare what the law says. That’s it,” Bradley said after reiterating drop boxes aren’t mentioned in state laws laying out how clerks administer elections.

Attorney David Fox, who is representing Priorities U.S.A, argued the decision two years ago resulted in more absentee ballots being thrown out and led to confusion about whether any type of drop box is allowed.

He said some clerks are still using slots in their offices where voters can submit completed absentee ballots. Fox also said state law gives clerks broad authority to run elections and the court’s drop box decision has been used to challenge other election practices “not expressly authorized” in statute, which he called “an enormous problem.”

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