
This ruling could significantly influence Wisconsin’s elections leading up to the 2024 presidential contest, especially as a battleground state.
On Friday, the Wisconsin Supreme Court voted 4-3 to overturn a previous decision, now allowing the widespread use of ballot drop boxes across the crucial battleground state. This ruling reverses a less than two-year-old decision that had largely restricted drop boxes, giving municipal clerks the discretion to use secure drop boxes legally.
This decision, anticipated after liberal justices signaled their position during May’s oral arguments, is set to significantly influence Wisconsin’s 2024 presidential election dynamics. During the 2020 Covid-19 pandemic, Democrats widely encouraged the use of drop boxes, a trend expected to continue this fall. Despite past Republican claims linking drop boxes to voter fraud, some Wisconsin Republicans now support their use following the court’s ruling.
This ruling is the latest in a series of developments in Wisconsin’s electoral landscape. In 2022, the state Supreme Court, influenced by conservatives, restricted drop box locations to election clerk offices. However, with a shift in court composition favoring liberals in 2023, Democratic groups challenged these restrictions, arguing Wisconsin law neither explicitly prohibits nor mandates drop box use for absentee ballots.
Focusing solely on the correctness of the 2022 ruling, this decision is expected to ignite further debate and adaptation among political parties leading up to the elections in this pivotal swing state.
Following the 2020 election, former President Trump and his allies frequently criticized drop boxes, falsely alleging widespread voter fraud. However, there has been a shift within the GOP towards more favorable views on early and alternative voting methods, including drop boxes. Even Trump has softened his stance on this issue.
NBC News reported in May that the Wisconsin GOP plans to encourage supporters to use drop boxes in the upcoming presidential election, despite previous criticisms, and will deploy volunteers to monitor drop boxes in Democratic-leaning areas.
The ruling, expected by many, reinstated drop boxes. The four liberal justices had indicated during May’s arguments that they believed the previous ruling was incorrect, stressing that Wisconsin law does not explicitly address drop boxes and dismissing conservative fraud claims, citing a lack of evidence in the 2020 election.
Conservatives argued against revisiting the issue so soon, citing the doctrine of “stare decisis” which upholds legal precedents. However, liberal justices rejected this, drawing parallels to the U.S. Supreme Court’s overturning of Roe v. Wade, criticizing its earlier decision and impact.
Justice Jill Karofsky, who dissented in the 2022 ruling, highlighted its flawed reasoning and potential harm. Janet Protasiewicz, whose 2023 election victory shifted the court’s balance to favor liberals, joined the majority in reinstating drop boxes on Friday.