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Wisconsin Supreme Court May Reinstate Absentee Ballot Drop Boxes

The Wisconsin Supreme Court examined oral discussions on Monday concerning a case that may affect whether clerks in Wisconsin can bring back absentee ballot drop boxes after the court previously ruled against it.

The predominantly liberal court appeared inclined to reverse a prior ruling that prohibited the placement of ballot drop boxes outside a county clerk’s office. This original decision was rendered in 2022 during a period when the court held a conservative majority of 4-3, a composition that has since shifted.

During the 2020 election in Wisconsin, there was extensive debate surrounding the use of ballot drop boxes. Justice Jill Karofsky, known for her liberal stance, raised doubts about the court's prior ruling, hinting at the possibility of it being erroneous and challenging the rationale behind maintaining that decision.

Ballot drop boxes have been in use in Wisconsin since the 1980s and 1990s, but their adoption surged in 2020 amidst the COVID-19 pandemic.

During the discussions, the court’s liberal justices challenged the 2022 decision to prohibit the use of drop boxes. In contrast, the conservative justices questioned the relevance of legislators’ decisions to the court.

Justice Rebecca Bradley, a conservative voice on the court, contended that the plaintiffs' argument implied that the court was exceeding its authority and taking on the role of legislators.

The court seemed poised to overturn the 2022 decision, reinstating the use of drop boxes, a move with potential ramifications for the pivotal 2024 general election, given Wisconsin's status as a crucial swing state. In 2020, President Biden secured victory in the state by a margin of around 20,000 votes.

Written by Staff Reports

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