MADISON, Wis. — A Dane County judge on Wednesday determined that Wisconsin voters who have already mailed or returned absentee ballots for the Aug. 11 primary cannot cancel those ballots and request new ones, delivering a legal setback to Democrats who had sought a court-ordered do-over amid a chaotic gubernatorial primary.
What the ruling says
Dane County Circuit Judge David Conway concluded the state statute is clear: the law does not permit a voter to "spoil" an absentee ballot after it has been returned. The decision upheld guidance earlier issued by the bipartisan Wisconsin Elections Commission, which told local clerks that absentee ballots already returned by voters cannot be changed.
"The unambiguous language of the statute does not allow a voter to spoil an absentee ballot after it is returned," the judge wrote.
The ruling came in a lawsuit filed by three voters on behalf of Democrats who argued that state law allows voters who have submitted absentee ballots to change their minds before ballots are counted on Election Day. Those challengers warned that large numbers of returned absentee ballots could contain votes for candidates who have since dropped out of the Democratic primary.
Why Democrats sued
Democrats said the issue carried practical consequences: more than 117,000 absentee ballots had been returned statewide by Wednesday, and some of those ballots could have been cast for candidates no longer in the race. The most prominent example cited by plaintiffs was Lt. Gov. Sara Rodriguez, who withdrew from the governor's contest on July 17 amid a campaign finance scandal but whose name remains on the ballot.
Attorney Eduardo Castro, representing the plaintiffs, argued in court that barring voters from changing their returned absentee ballots would leave many unable to make their preferences reflect the new candidate field.
"Voters across Wisconsin will be disenfranchised" if they are not allowed to spoil their ballots, Castro told the court.
Commission guidance and the local impact
The Wisconsin Elections Commission voted 4-2 on July 9 to advise roughly 2,000 local clerks that once an absentee ballot is returned, it cannot be altered. Judge Conway found that guidance consistent with the law and declined to issue a temporary restraining order the plaintiffs requested.
| Item | Figure |
|---|---|
| Returned absentee ballots (as of Wednesday) | 117,000+ |
| Wisconsin Elections Commission vote | 4-2 |
| Local clerks affected | ~2,000 |
The ruling leaves election clerks, poll workers and voters to proceed under the existing framework. For the many Wisconsinites who returned absentee ballots early — a common choice in past cycles — the decision means those votes stand unless otherwise changed by the voter before mailing or returning them in the first place.
Context inside the Democratic primary
The primary has been in flux. Lt. Gov. Rodriguez, once seen as a leading contender, exited the race July 17. Days earlier, Milwaukee County Executive David Crowley had withdrawn on July 8 and then re-entered the race on July 18. Other candidates who left the field include former state economic development director Missy Hughes, who dropped out in June but remains on the ballot.
Those moves fueled the lawsuit. Plaintiffs said voters who cast absentee ballots before the withdrawals might reasonably want to change their choices once the ballot no longer reflects the final candidate field.
Practical implications for voters and clerks
Under the judge's ruling, clerks should continue processing returned absentee ballots under the commission's guidance. Voters who have already mailed or dropped off a ballot cannot "spoil" it and receive a second ballot. Those who have not yet returned their absentee ballots retain the usual options: they may return the ballot, or they may vote in person on Election Day.
- Returned absentee ballots already in clerks' hands cannot be voided or replaced.
- Voters who haven't returned absentee ballots can still change their minds by voting in person on Aug. 11.
- Local clerks should follow the Wisconsin Elections Commission guidance issued July 9.
The court's decision closes one legal path for Democrats seeking to mitigate the effects of an unsettled primary field. The campaign landscape remains lively, and with more than 100,000 absentee ballots already returned, election officials and voters alike are now operating under clarified — if unwelcome to some — rules.
This ruling may yet be appealed, but for now, Wisconsin election administrators and voters must take the judge at his word: once an absentee ballot leaves a voter's hands and is received, it's final.
