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WEC Managers Want to Join "Spoiled" Ballots Lawsuit
Two of Wisconsin’s election managers want to be a part of the case that could get voters in Wisconsin a second vote in next month’s primary for governor.
Wisconsin Election Commissioners Ann Jacobs and Mark Thomsen on Monday asked a Dane County judge to join the lawsuit over "spoiled" ballots in the Democrat race for governor.
“The Commission’s guidance… unlawfully treats absentee voters worse than voters who cast their ballots on Election Day. Voters who vote on Election Day can spoil their ballot twice and obtain up to two new ballots. Treating absentee voters differently violates equal protection,” Jacobs posted on X.
Jacobs and Thomsen voted against the Commission decision to issue new guidance to local election clerks on how to handle ballots cast for candidates who dropped-out of the race for governor.
In early July, the Commission told those clerks that voters cannot cancel a ballot that they have already returned. That means no do-over votes for other candidates.
Jacobs said that’s wrong.
“The WEC decided to change the rules in the middle of an election. I voted against it. There was no reason to change our guidance,” she added.
Wisconsin’s election law allows voters to "spoil" a ballot if they make a mistake. The Commission’s new guidance said picking a candidate who drops out doesn’t qualify as a mistake.
"On July 9, on a 4-2 vote, the WEC completely reversed that guidance. AFTER ballots had gone out. Likely AFTER some voters were able to take advantage of our consistent, historic guidance," Jacobs explained. "Changing that guidance in the middle of an election (without a court order requiring it) is something the WEC has never done to my memory."
The head of the Elections Commission has said he doesn't see the Commission changing its mind or scheduling another vote.
The case that Jacobs wants to join will be before a judge in Madison on Tuesday.
It remains to be seen if the case can work its way through the courts before Election Day on August 11th.
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