Wisconsin judge rules voters who returned absentee ballots cannot get replacements
ELECTIONS

Wisconsin judge rules voters who returned absentee ballots cannot get replacements

Jul 29, 2026Updated 6:20pm ET

A Wisconsin judge ruled that voters who already mailed back an absentee ballot for the state primary cannot cancel it and get a replacement ballot, despite a lawsuit arguing some voters need to change their vote after candidates dropped out.

A Wisconsin judge ruled that voters who already mailed back an absentee ballot for the state primary cannot cancel it and get a replacement ballot, despite a lawsuit arguing some voters need to change their vote after candidates dropped out.

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What This is

  • A Dane County judge ruled that voters who have already returned an absentee ballot for Wisconsin’s state primary cannot get a new ballot.
  • Three Wisconsin voters backed by the state Democratic Party sued to allow “ballot spoiling,” meaning canceling a returned absentee ballot and casting a new one.
  • The lawsuit argues the Wisconsin Elections Commission’s guidance blocking replacement ballots violates state law and the state constitution’s voting-rights protections.
  • The dispute came as early in-person voting opened in Wisconsin’s crowded Democratic primary for governor.
  • The lawsuit was filed after the Wisconsin Elections Commission voted 4-2 to prohibit voters from requesting a new absentee ballot after already returning one.
  • Democrats said the rule matters because voters may have returned absentee ballots before the field changed, including candidates withdrawing from the race.
  • More than 100,000 absentee ballots had already been returned when the case was filed, putting a large number of ballots under the no-replacement rule.

Why This Matters

  • Rules for changing a vote after mailing a ballot shape how fairly absentee voting works when campaigns shift quickly.
  • The decision affects how much control voters have if they learn new information or a candidate drops out after they voted.
  • It also sets expectations for election administrators trying to balance voter access with clear, consistent ballot-handling rules.
  • Because many ballots are returned before Election Day, the outcome can influence confidence in close primaries and who voters blame for confusion.

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