Wisconsin Democrats are calling for more than 80,000 Democratic gubernatorial primary ballots to be recast after several shake-ups in the race left thousands of voters backing candidates who have since dropped out.
Ahead of the Aug. 11 primary, front-runner Lt. Gov. Sara Rodriguez suspended her campaign Friday. A day later, Milwaukee County Executive David Crowley reentered the race just a week after ending his own campaign.
The controversy stems from a July 9 bipartisan meeting of the Wisconsin Elections Commission, which voted to issue guidance limiting “ballot spoiling,” the process that allows voters to cancel a submitted absentee ballot and receive a replacement. Under the new rule, a voter cannot spoil a ballot simply because their preferred candidate has withdrawn from the race.
“Have you already returned your absentee ballot and your chosen candidate drops out of the race? There are no “do-overs” in this scenario to spoil your ballot,” the commission said in a social media statement this week.
On Tuesday, the Democratic Party of Wisconsin asked the commission to rescind the guidance, arguing it unlawfully prevents voters from casting ballots for candidates who remain in the race.
“The Democratic Party of Wisconsin has an interest in ensuring that its voters have a valid voice in the primary elections,” party attorney Diane Welsh wrote in a letter to Wisconsin Elections Commission Chairman Don Millis.
“The ability of voters to spoil their ballots after they have been submitted to their clerks will advance this interest,” Mills continued. “And, the ability to obtain new ballots protects the voters’ right to meaningfully participate in the democratic process.”
Welsh argued the guidance contradicts Wisconsin law and the commission’s prior interpretations of ballot spoiling. She also contended the commission violated long-standing Supreme Court precedent against changing election rules after voting has already begun.
In a separate statement Tuesday, the state Democratic Party said the commission’s new rule departed from long-standing election practices and urged it to reverse course immediately.
“Allowing voters to spoil and recast their ballots was standard practice in Wisconsin prior to attempts by Republicans to file frivolous lawsuits to muddy the waters,” said party chairman Devin Remiker. “The Wisconsin Elections Commission recently issued guidance that advises clerks not to allow voters to request a new ballot. We believe that guidance was issued improperly.”
Remiker warned that if the commission does not rescind the guidance, some absentee voters will be unable to participate meaningfully in the Democratic primary after their preferred candidate withdrew.
DEMOCRATS STILL SEARCHING FOR IDENTITY TWO YEARS AFTER BIDEN’S EXIT
“While we will remain neutral in all partisan primaries through August 11, the Democratic Party of Wisconsin will always fight to advance and defend our democracy and to ensure everybody has the opportunity to fully participate in selecting the nominee we will unite around on August 12,” Remiker said.
Previously, Wisconsin voters were permitted to spoil an absentee ballot for any reason and receive a replacement, up to three times. In 2022, then-Waukesha County Judge Brad Schimel ruled the practice unlawful, but the decision was later overturned by the Wisconsin Court of Appeals.
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[ H/T Washington Examiner ]
