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Wisconsin Voters Sue to Allow for Vote to Count if Absentee Ballot Is Late

The suit says more than 80,000 absentee ballots have already been returned and voters could be disenfranchised if their chosen candidates drop out.

  • On Thursday, three Dane County voters sued the Wisconsin Elections Commission in Dane County Circuit Court, challenging guidance that prohibits absentee voters from spoiling and replacing ballots if their preferred candidate drops out.
  • Voting 4-2 on July 9, the commission restricted ballot spoiling to cases of "error or mistake," reversing previous flexibility and prohibiting voters from changing ballots even if a candidate withdraws from the race.
  • Candidates have repeatedly dropped out and re-entered the Democratic primary, leaving at least 80,000 Wisconsinites who returned absentee ballots unable to update their selections in the chaotic gubernatorial race.
  • Plaintiffs argue the policy disenfranchises "potentially thousands more Wisconsin voters," while Commission Chairman Don Millis maintains state law is clear on revoting and voters who choose absentee ballots accept inherent risks.
  • Following a 2022 legal battle over ballot spoiling that was vacated on procedural grounds, courts have yet to rule on the merits of whether state law permits voters to spoil returned ballots.
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Wisconsin voters sue to allow for vote to count if absentee ballot is late

A new lawsuit argues that voters in swing state Wisconsin whose absentee ballots haven't arrived by Election Day should be allowed to cast provisional ballots at the polls to ensure their vote is counted.

·New York, United States
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Spectrum News broke the news in United States on Thursday, July 23, 2026.
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