A Dane County judge today rejected a Dem request for an injunction allowing voters to spoil their absentee ballots so they can vote for someone else.
Judge David Conway found “the unambiguous language of the statute does not allow a voter to spoil an absentee ballot after it is returned.”
The lawsuit came after the Wisconsin Elections Commission voted 4-2 July 9 to issue guidance barring absentee voters from spoiling their ballots if they decide to change their vote. The move came after two candidates had dropped out of the Dem primary for governor.
The Dems who sought the injunction argued it was inappropriate to change guidance mid-election since absentee ballots had already been issued to voters. They also argued the commission’s move violated equal protection laws because those who vote at the polls can spoil up to two additional ballots.
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Attorneys on behalf of the Elections Commission and other interveners countered that the guidance reinforced the commission’s previous stances.
Conway found the guidance issued earlier this month was consistent with Wisconsin law.
“At no time before or after July 9, did the law allow absentee voters to spoil their returned ballots, even if some clerks may have mistakenly allowed this to happen out of confusion or misunderstanding about the law,” Conway wrote. “Plaintiffs cannot establish an equal protection violation based on being members of a class that was subject to lawful guidance.”