Access to absentee ballot drop boxes has been restored, and the process used to review stewardship purchases was declared unconstitutional: here’s what you need to know about Friday’s Wisconsin Supreme Court decisions.
Absentee ballot drop boxes restored ahead of 2024 election
In a 4-3 decision split along ideological lines, the liberal-controlled Wisconsin Supreme Court restored the use of absentee ballot drop boxes ahead of the upcoming 2024 election, reversing a past decision from when the court had a conservative majority.
During the pandemic, widespread use of drop boxes drew criticism from former President Donald Trump and Republicans who have alleged the boxes are susceptible to fraud, prompting a lawsuit that resulted in a near-total ban on their use.
In July 2022, the court’s conservative majority limited the use of absentee drop boxes, ruling in a 4-3 decision they could only be located in local election clerks’ offices and only the voter could return their ballot in person.
But Justice Janet Protasiewicz’s election victory in April 2023 changed the court’s ideological makeup for the first time in 15 years, allowing for a reversal of the previous ruling.
Justice Ann Walsh Bradley wrote for the majority opinion that as long as the boxes are set up and maintained by a local election clerk, drop boxes can be utilized in any location.
“Our decision today does not force or require that any municipal clerks use drop boxes,” Bradley wrote. “It merely acknowledges what [state law] has always meant: that clerks may lawfully utilize secure drop boxes in an exercise of their statutorily-conferred discretion.”
In her dissenting opinion, Justice Rebecca Bradley wrote that the liberal majority “again forsakes the rule of law in an attempt to advance its political agenda,” referring to the start of the term when the court overturned the state’s legislative maps.
“The majority ends the term by loosening the legislature's regulations governing the privilege of absentee voting in the hopes of tipping the scales in future elections,” Bradley wrote.
The decision means election clerks can use ballot drop boxes for the Aug. 13 primaries and the Nov. 5 presidential election.
Dane County Clerk Scott McDonell said in a statement Friday that absentee ballot drop boxes will be in place for the 2024 election.
Republican-controlled Legistature’s process used to review stewardship purchases declared unconstitutional
In a 6-1 decision, the Wisconsin Supreme Court ruled the provisions allowing the Republican-controlled budget-writing committee to unilaterally block conservation projects unconstitutional.
Gov. Tony Evers sued the Legislature in October, arguing GOP-controlled committees are unlawfully “obstructing basic government functions” by blocking funding for conservation projects under the Knowles-Nelson Stewardship Program.
“I’ve spent years working against near-constant Republican obstruction, and this historic decision rightfully resets constitutional checks and balances and restores separation of powers,” Evers said in a statement Friday.
In the majority opinion, Bradley wrote the Legislature gave the executive branch the power to distribute stewardship money when the program was created in 1989.
“The constitution’s vesting of core powers in each of the three branches of government may not be statutorily altered. In declaring these separation of powers principles, we ensure the branches do not arrogate powers the people never gave them,” Bradley wrote.
All four liberal justices and two conservative justices ruled in favor of Evers. Only conservative-leaning Chief Justice Annette Ziegler dissented.
This story was updated at 12:15 p.m. CDT to add information about absentee ballot drop boxes in Dane County.
Anna Kleiber is the state news editor for The Daily Cardinal. She previously served as the arts editor. Anna has written in-depth on elections, legislative maps and campus news. She has interned with WisPolitics and Madison Magazine. Follow her on Twitter at @annakleiber03.
