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On Friday, the court ruled in a 4-3 decision that ballot drop boxes can be used in any location. Justice Ann Walsh Bradley, representing the majority opinion, emphasized that using a drop box is comparable to delivering a ballot directly to an election clerk. “Our decision today does not force or require that any municipal clerks use drop boxes,” Bradley stated. “It merely acknowledges what (state law) has always meant: that clerks may lawfully utilize secure drop boxes in an exercise of their statutorily-conferred discretion.”
The ruling was not unanimous, with all three conservative justices dissenting. Justice Rebecca Bradley argued that the decision was driven by political motives rather than legal principles. “The majority in this case overrules (the 2022 decision) not because it is legally erroneous, but because the majority finds it politically inconvenient,” Bradley wrote. “The majority’s activism marks another triumph of political power over legal principle in this court.”
Wisconsin is expected to be a pivotal swing state in the upcoming elections, making the ruling particularly significant. The state saw a dramatic increase in mail-in and absentee voting during the 2020 elections, with over 40 percent of votes cast this way. More than 500 drop boxes were established in over 430 communities, including key Democratic strongholds such as Madison and Milwaukee.
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The reinstatement of ballot drop boxes has broader implications for the ongoing debate over election integrity. Critics argue that drop boxes can lead to increased risks of ballot harvesting and fraud, while proponents believe they provide essential accessibility for voters, particularly during the ongoing pandemic and for those with limited mobility or transportation options.
The Wisconsin Supreme Court’s decision to restore ballot drop boxes underscores the deep partisan divides over election procedures and integrity. As the state prepares for the November elections, the ruling will likely be a focal point of political debate, influencing both voter turnout and public confidence in the electoral process. With Wisconsin’s critical role as a swing state, the implications of this decision will be closely watched nationwide.
