The Wisconsin Supreme Court has reinstated the use of absentee ballot drop boxes across the state, overturning a previous 2022 ruling that declared them illegal according to Fox 6 Milwaukee.
In 2022, the conservative majority of the Wisconsin Supreme Court ruled that unmanned absentee ballot drop boxes were illegal. This decision came in response to a lawsuit from the Wisconsin Institute for Law and Liberty (WILL). WILL argued that the use of these drop boxes during the 2020 election violated state law.
Drop boxes had gained popularity during the COVID-19 pandemic in 2020, particularly in Milwaukee where they were heavily utilized outside the Zeidler Municipal Building.
However, almost two years after the ban, the court's new liberal majority decided to reverse the 2022 ruling, citing state law that allows municipal clerks the discretion to use secure drop boxes, whether they are located in the clerk's office or elsewhere.
The reinstatement has drawn both praise and criticism. Paulina Gutiérrez, Director of the Milwaukee Election Commission, expressed support during a news conference, emphasizing the importance of offering a secure and accessible voting option.
"This is just another opportunity for us to provide a safe and secure way for people to drop off their absentee ballots here to the city of Milwaukee," she stated.
On the other hand, some conservative justices and legal representatives are voicing their dissent. Justice Rebecca Bradley criticized the decision, accusing the court of overruling the previous ruling not on legal grounds but for political reasons.
Luke Berg, Deputy Counsel for WILL, echoed these sentiments. "It’s one of the worst decisions because it’s so nakedly political. It’s not what a court should be doing. We can have debates about the merits of drop boxes, or not, but that’s ultimately a question for the legislature. It’s a policy determination, it’s not a decision for a court to impose on the state by judicial fiat," he argued.
Groups advocating for disability rights have welcomed the court's decision. Kit Kerchensteiner, Director of Legal & Advocacy Services for Disability Rights Wisconsin, highlighted the benefits of drop boxes for individuals with disabilities.
"Because of so many issues with mobility, transportation, all those things, it really is helpful. And for some people with disabilities, it’s the only way they are able to vote," Kerchensteiner said.
These sentiments underline the practical importance of accessible voting options for vulnerable communities and the impact that the absence of drop boxes could have on voter turnout among these groups.
Currently, Milwaukee has 12 drop boxes in operation. Gutiérrez mentioned plans to increase this number to 14 by the August election. However, these will not be ready for the special election on July 30 but are expected to be operational for the August partisan primary and the November general elections.
Gutiérrez also disclosed that some of the existing drop boxes require refurbishing and updated signage. The locations for all drop boxes are under consideration to ensure optimum accessibility and security.
The reinstatement of drop boxes comes at a critical time as Wisconsin remains a key swing state. The use of these drop boxes is expected to have a significant impact on voter turnout, especially in upcoming elections.
The 2024 decision follows a request from a progressive voter group that urged the court to revisit its 2022 ruling after the court's composition changed.
The reinstatement of absentee ballot drop boxes by the Wisconsin Supreme Court is a momentous event in the state's electoral history. It highlights the tension between judicial rulings and political influences within the court system.
As elections approach, the discourse around the use of absentee ballot drop boxes is expected to continue. The debate will likely focus on the balance between secure, accessible voting options and adherence to legislative processes.
For now, voters and municipal clerks throughout Wisconsin will navigate these changes, preparing for a voting process that accommodates drop boxes once again.
The Wisconsin Supreme Court's decision on July 5, 2024, to reinstate absentee ballot drop boxes across the state marked a significant reversal of a conservative ruling from 2022.
While this decision has encountered both support and opposition, it underscores critical issues about accessible voting and the judiciary's role in electoral processes. With drop boxes set to be operational for upcoming elections, Wisconsin voters will have additional secure options to cast their ballots, influencing the dynamics of voter turnout in this crucial swing state.
