Judge: No Voting Do-Overs


(RightIsRight.co) – In a significant ruling protecting transparency in election procedures from leftwing maneuvers, a Waukesha judge determined that Wisconsin voters cannot revoke and replace an absentee ballot they have already submitted.

This decision, issued by former Republican Attorney General and Waukesha County Circuit Court Judge Brad Schimel, solidifies a permanent injunction similar to the one he granted in October 2022.

The legal challenge, initiated in September 2022 by Restoring Integrity and Trust in Elections on behalf of voter Nancy Koranic, contested the Wisconsin Elections Commission’s guidance to clerks that “ballot spoiling” was permissible.

This practice involves voters canceling a mailed absentee ballot to cast a new one. The Democratic National Committee and Rise, a progressive organization, intervened in support of the state commission.

Judge Schimel’s ruling pointed out that Wisconsin statutes do not sanction a process where election clerks invalidate a submitted ballot at the voter’s request to issue a new one. He emphasized the legislature’s intention to impose strict measures safeguarding absentee voting, underscoring that these regulations require rigorous scrutiny to ensure fair ballot counting.

Schimel acknowledged the potential severity of this ruling, stating, “That is arguably a harsh rule, because it could result in a voter not having their vote counted, and it might not be the fault of the voter that the procedures were not followed.”

He further highlighted the responsibility of the Wisconsin Elections Commission and election clerks to adhere to these rules to prevent voter disenfranchisement, adding, “This court had better get it right, too.”

Wisconsin’s absentee voting policies have been the subject of multiple lawsuits since the 2020 election. Another ruling in September 2022 declared illegal the guidance allowing clerks to complete missing details on absentee ballot witness certificates.

Its recent electoral history underscores the state’s role as a pivotal swing state in presidential elections. Since 1988, Wisconsin has consistently voted for the Democratic presidential nominee, except for 2016, when Donald Trump secured a crucial victory.

In the 2020 election, Joe Biden narrowly reclaimed the state for the Democrats by approximately 20,000 votes, a shift some analysts attribute to changes in election rules for absentee voting during the pandemic.