The Wisconsin Supreme Court ruled on July 5 that officials can set up mail-in ballot drop boxes in their communities in this fall’s election, overturning its own ruling from two years ago that had restricted the use of such boxes in the swing state in the presidential election.
In July 2022, the court restricted the use of drop boxes, ruling that they could only be placed in the offices of local election officials and that no one other than the voter could return the ballot in person.
At the time, conservatives controlled the court, but Janet Protasiewicz’s election victory in April 2023 brought liberals into the court. Priorities USA, a progressive voter mobilization group, saw an opportunity and asked the court in February to reconsider the decision.
According to the US Vote Foundation, at least 29 other states allow mail-in ballots, and increased use in Wisconsin could have a significant impact on the presidential election campaign.
Wisconsin is likely to be a crucial swing state again after President Joe Biden narrowly won it in 2020 and Donald Trump narrowly won it in 2016. Democrats believe that making mail-in voting easier will increase voter turnout on their side.
The justices announced in March that they would review the drop box ban but would not address other parts of the case. The move drew ire from the court’s conservatives. Democratic Gov. Tony Evers asked the court in April to allow drop boxes to be reinstated.
“At the heart of our democracy is fundamental freedom to vote, and voting by mail is a safe way to ensure that every eligible voter in Wisconsin can cast their ballot,” said Governor Evers. “Across the country, election officials have chosen to use drop boxes to ensure that all eligible voters can freely cast their ballot while keeping ballots safe.”
Justice Ann Walsh Bradley, one of the court’s four liberal justices, wrote for the majority that dropping a ballot into a drop box set up and maintained by a local poll worker is no different than handing the ballot to the worker, regardless of the drop box’s location. Local poll workers have wide discretion in how elections are conducted, and that includes the use and location of drop boxes, she added.
“Our decision today does not compel or require municipal employees to use mailboxes,” Bradley wrote. “It simply affirms what (state law) has always meant: that employees may lawfully use secure mailboxes within the scope of their legally granted discretion.”
The court ruled 4-3 on July 5 that mailboxes can be used in any location. All three conservative justices dissented, with Justice Rebecca Bradley criticizing the majority for ignoring the precedent set by the 2022 ruling.
Bradley’s disapproval was unconvincing given recent actions by conservative justices on the U.S. Supreme Court. With a series of highly controversial and consequential decisions over the past two years – including the overturning of Roe v. Wade – the court’s Republican members have set a precedent by ignoring long-standing precedent.
Before the 2022 ruling, drop boxes and mailboxes were used as a method of delivering ballots in Wisconsin’s free and fair elections. Over several election cycles, local officials across the state ensured the security of mail-in voting through secure drop boxes and by implementing safeguards that track ballots and maintain a strict chain of custody to ensure that every valid vote is counted.
The popularity of mail-in voting exploded during the pandemic in 2020. More than 40% of all voters cast their ballots by mail – a record high. For this year’s election, at least 500 drop boxes were installed in more than 430 communities, including more than a dozen each in Madison and Milwaukee – the state’s two most Democratic cities.
“The Milwaukee Election Commission plans to provide drop boxes for the August partisan primary and November general election. It is currently reviewing the procedures and equipment needs to deploy drop boxes,” said Mayor Cavalier Johnson. “There is no credible evidence that drop boxes present an opportunity for election law violations. And Milwaukee will implement appropriate protocols to continue to ensure election integrity.”
Trump and Republicans claimed that drop boxes enabled fraud, although they provided no evidence. Democrats, election officials and some Republicans claim the drop boxes are secure.
A survey of election officials in U.S. states found no cases of fraud, vandalism or theft that could have influenced the outcome in 2020.
Republicans, who gained control of the Wisconsin state legislature through gerrymandering, intervened in the case, arguing that the justices should leave the 2022 ruling alone.
Dane County Clerk Scott McDonell, who oversees elections in the state’s most Democratic county, called drop boxes a “common sense tool.” He said they make the voting process more convenient and easier for rural and disabled voters and help reduce the number of ballots that arrive too late after Election Day to be counted.
“Providing drop boxes for the 2024 elections in August and November will encourage citizen participation in our democracy,” McDonell said in a statement.
