A Wisconsin judge has ruled that voters cannot void their absentee ballots in the state's upcoming primary, rejecting a Democratic Party lawsuit seeking to allow voters to recast ballots after candidate withdrawals. The decision by Dane County Circuit Judge David Conway on July 29 upholds Wisconsin law, which does not permit voters to replace an absentee ballot once it has been returned.
The lawsuit was filed after more than 117,000 absentee ballots had already been returned, with concerns that many may have been cast for Lt. Gov. Sara Rodriguez, who withdrew from the Democratic gubernatorial primary on July 17. Rodriguez cited financial discrepancies in her campaign as the reason for her departure. Milwaukee County Executive David Crowley, who had previously endorsed Rodriguez, re-entered the race after her withdrawal.
The Democratic primary race now includes Crowley, former Lt. Gov. Mandela Barnes, state Rep. Francesca Hong, state Sen. Kelda Roys, and former Department of Administration Secretary Joel Brennan. A recent poll by Marquette Law School shows Hong, a self-described democratic socialist, leading with 38% support.
The Wisconsin Elections Commission had issued guidance on ballot spoiling, but the judge ruled that the law does not allow for voiding returned ballots. The ruling comes amid a chaotic primary season marked by candidate withdrawals and reentries.