In a significant ruling, the Wisconsin Supreme Court has overturned a previous decision, allowing the use of drop boxes for absentee ballots in upcoming elections. The case, brought forward by the progressive organization, Priorities USA, challenged the restriction that absentee ballots could only be returned by mail or directly to the clerk’s office.

The Dane County Circuit Court had earlier dismissed the challenge, citing the Teigen v. Wisconsin Elections Commission case, which had banned the use of drop boxes. However, petitioners, including Governor Evers and the Wisconsin Elections Commission (WEC), argued that the Teigen decision was flawed. They asserted that state statutes indeed permitted the use of ballot drop boxes.

The Wisconsin Supreme Court agreed with the petitioners in a 4-3 vote. Justices Ann Walsh Bradley, Rebecca Dallet, Jill Karofsky, and Janet Protasiewicz formed the majority, concluding that the relevant statute has always allowed for the use of secure drop boxes. The ruling clarified that while municipalities are not required to use drop boxes, they have the legal right to do so. This decision reverses the Circuit Court’s dismissal and reinstates the petitioners’ claim, effectively allowing the use of drop boxes in future elections.

However, the ruling has sparked opposition among election integrity legal scholars and activist. The Wisconsin Institute for Law & Liberty (WILL), which had successfully challenged the use of drop boxes in 2022, condemned the decision. WILL President Rick Esenberg emphasized that the law requires ballots to be returned in person to the municipal clerk, not left in drop boxes. He criticized the Court for revisiting a case decided just two years ago, suggesting that this could undermine public trust in the electoral system.

WILL Deputy Counsel Luke Berg echoed these sentiments, highlighting that the previous ruling correctly interpreted state law, which did not explicitly authorize drop boxes. He argued that the new decision could lead to confusion and mistrust in the election process.

In the previous 2022 decision, the Wisconsin Supreme Court had ruled that the widespread use of drop boxes in the 2020 election was not authorized by state law. This led to a legal challenge by WILL on behalf of two Wisconsin voters, resulting in the ban on drop boxes.

This decision has caused concerned among election integrity activist and legal scholars, especially as we approach the 2024 election.