Wisconsin Judge Blocks Ballot Spoiling for Absentee Voters

Wisconsin absentee ballots ballot spoiling Judge David Conway Sara Rodriguez withdrawal Wisconsin Elections Commission

Dane County Circuit Judge David Conway ruled that Wisconsin law does not permit an absentee voter to void or replace a ballot after it has been returned, upholding the Wisconsin Elections Commission’s July 9 guidance that absentee ballots cannot be changed once submitted. The decision came as more than 117,000 absentee ballots had already been returned for the August 11 primary.

The lawsuit, filed by three Democratic voters with the backing of the Wisconsin Democratic Party, argued that voters should be allowed to “spoil” a ballot and request a new one when a candidate withdraws. The case centered on the chaotic Democratic gubernatorial primary in which Lt. Gov. Sara Rodriguez withdrew on July 17 and Milwaukee County Executive David Crowley re‑entered the race after an earlier withdrawal. The judge declined a temporary restraining order sought by the plaintiffs, and the ruling is expected to be appealed.

The ruling leaves the Democratic primary winner – who will face Republican U.S. Rep. Tom Tiffany in the November general election – with the existing absentee ballots, even if they were cast for a candidate no longer in the race. The practice of ballot spoiling was previously the subject of a 2022 lawsuit by a Republican group, which was later vacated on technical grounds.

Entities: David Conway · Eduardo Castro · Sara Rodriguez · Tom Tiffany · Wisconsin Elections Commission

Claims

What the coverage asserts, and how well corroborated each claim is across sources.

[● 7 SOURCES] The Wisconsin Elections Commission issued guidance on July 9 stating that absentee voters cannot change their ballots after they are returned. (belongs)
[● 17 SOURCES] More than 117,000 absentee ballots had been returned by the Wednesday of the ruling. (belongs)
[● 7 SOURCES] Ballot spoiling was previously the subject of a 2022 lawsuit brought by a Republican group. (belongs)
[● 6 SOURCES] The judge denied a temporary restraining order sought by Democratic voters. (belongs)
[● 7 SOURCES] The decision is expected to be appealed. (belongs)
[● 7 SOURCES] Dane County Circuit Judge David Conway ruled that Wisconsin law does not allow voters to spoil an absentee ballot after it has been returned. (belongs)
[● 6 SOURCES] Lt. Gov. Sara Rodriguez withdrew from the Democratic primary but remained on the ballot. (belongs)
[● 17 SOURCES] The winner of the Democratic primary will face Republican U.S. Rep. Tom Tiffany in the November general election. (Election analysts)
[● 17 SOURCES] Milwaukee County Executive David Crowley re‑entered the gubernatorial race after withdrawing on July 8. (Milwaukee County Executive’s campaign)
[● 17 SOURCES] Three Democratic voters filed a lawsuit, backed by the Wisconsin Democratic Party, seeking to block the commission’s guidance on ballot spoiling. (Plaintiffs’ attorneys)
[● 17 SOURCES] The Wisconsin Elections Commission voted on July 9 to issue guidance that absentee voters cannot change their ballot after it is returned. (Wisconsin Elections Commission)
[● 17 SOURCES] Dane County Circuit Judge David Conway ruled that Wisconsin law does not allow an absentee voter to spoil a ballot after it is returned. (Dane County Circuit Judge David Conway)