Wisconsin Judge Orders Officials to Stop Allowing Voters to ‘Spoil’ Ballots and Cast New Ones

A election worker handles ballots in Madison, Wis., on Nov. 20, 2020. Andy Manis/Getty Images

Voters in Wisconsin can’t cancel their ballot and cast a new one once a vote has been cast, a state judge has ruled.

Waukesha County Circuit Judge Brad Schimel granted a request on Oct. 5 for a temporary injunction against the practice, which had been promulgated to officials across the state by the Wisconsin Elections Commission (WEC).

Wisconsin voter Nancy Kormanik sued the WEC over its guidance, which states that clerks can give completed and submitted absentee ballots back to a voter, arguing that doing so violates a Wisconsin law that states that the clerk “shall not return the ballot to the elector” once submitted.

The guidance was issued after several candidates dropped out of high-profile races, including Democrat candidates for the U.S. Senate, such as Alex Lasry.

Schimel, a Republican and a former Wisconsin attorney general, sided with Kormanik and ordered an injunction that took effect on Oct. 7.

Restoring Integrity and Trust in Elections is representing Kormanik. The group was started by former Bush administration official Karl Rove and others.

“Today’s ruling is another major victory for Wisconsin voters. WEC’s unlawful guidance destroys voter confidence and taints the integrity of Wisconsin’s elections. Once a vote is cast, it is cast. Period,” Derek Lyons, president and CEO of the group, said in a statement.

WEC didn’t respond to a request for comment.

The defendants appealed the decision to the Wisconsin Court of Appeals, which hasn’t yet ruled on the matter.

A temporary injunction can later be rescinded, stayed, or made permanent. The case is still ongoing.

Voting has already started in Wisconsin, where the governor’s mansion and a U.S. Senate seat are among the positions up for grabs.

The Democratic National Committee has intervened in the case, siding with the WEC.

“We disagree with this decision to restrict voting access in Wisconsin, particularly as voters in the state have already begun to cast their ballots,” a committee spokeswoman told media outlets in a statement.

The decision is the latest against the WEC, which some lawmakers have proposed abolishing.

The Wisconsin Supreme Court ruled this year that ballot drop boxes are illegal after WEC tried to keep the boxes in place. And Waukesha County Circuit Judge Michael Aprahamian has found in several rulings that WEC guidance stating officials can fix issues with absentee ballot witness certificates was illegal.

“Wisconsin law does not authorize election officials to correct, modify, alter, or add to an absentee ballot certification,” the judge said in one of the rulings, Wisconsin Public Radio reported.

WEC withdrew the guidance after the ruling.