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Wisconsin election reforms sought by clerks are stalled by GOP infighting

Rep. Scott Krug runs into resistance on his proposals to regulate drop boxes and allow more time for processing absentee ballots.

A photograph of a drop box outside on the sidewalk next to a fire truck on a sunny day.
A Republican split on whether to regulate or ban absentee ballot drop boxes has led to the high likelihood that neither plan moves forward. (Cullen Granzen for Votebeat)

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A Republican lawmaker’s plan to regulate drop boxes and give Wisconsin’s clerks more time to process absentee ballots ran into obstacles last week, including skepticism from fellow Republicans and a rival GOP bill to ban drop boxes entirely.

The cool reception for Rep. Scott Krug’s ideas, especially to let clerks process ballots on the Monday before an election, underscores the GOP’s persistent internal divide over election policy in Wisconsin, with advocates of reforms long sought by election officials of both parties running into distrust fueled by conspiracy theories and misinformation. Last week, the resistance appeared strong enough to stall or complicate efforts by Republicans who aim to address clerks’ needs and craft workable policy that can gain Democratic Gov. Tony Evers’ support.

That split was on full display at a Nov. 4 hearing of the Assembly Elections Committee, chaired by Rep. Dave Maxey.

Krug, a former committee chair who championed the draft bill to regulate drop boxes, argued that his colleagues should adopt a “reality-based” mindset with their approach to drop boxes. Liberals, he said, control the governor’s office, making it all but certain that GOP Rep. Lindee Brill’s bill to ban drop boxes would get vetoed by Evers.

To that, Brill responded: “I am a believer in God and a follower of Jesus Christ, so do I think there’s a chance that [Evers] would change his mind and sign this into law? Sure. But I’m taking this on because our Republican president believes this is the direction we should be heading.”

In response to questions, she dismissed an Associated Press survey of election officials that found no widespread fraud from drop boxes in the 2020 presidential election that could have affected the results, saying she wasn’t sure she considered the AP a valid source.

“You and I find truth in different spots,” she told a Democratic lawmaker.

During the hearing, Maxey let others speak at length, including Peter Bernegger — a conspiracy theorist fined by the Wisconsin Elections Commission for making frivolous complaints — who echoed unfounded claims of widespread drop box fraud in Wisconsin.

When Krug scrutinized Brill’s proposal, though, Maxey interrupted him, leading a visibly frustrated Krug to ask him to “give me the last sentence, like we’ve let others have.”

Republicans have slim majority, divided caucus

This clash between the two views on election policy “is longstanding and is not going to be resolved anytime soon,” said Barry Burden, a UW-Madison political science professor and founder of the Elections Research Center. “Right now, it seems like neither path is really working.”

Assembly Republican leaders typically only advance bills that have 50 GOP votes, enough to pass without Democratic support. They once held 64 of 99 seats, nearly a supermajority, but now have just 54, meaning they can afford to lose only four GOP votes to advance legislation. That math, and the internal distrust, make passing even modest reforms difficult. Unless they can rally the more skeptical voices in their caucus, Burden said, Republicans have to be willing to cross the aisle and court Democratic votes.

Maxey, who co-authored Brill’s bill, told Votebeat that drop boxes “are about as effective for election integrity as a mask is at preventing COVID,” an analogy that left his meaning muddled: Drop boxes in Wisconsin have never been proven to be a means for widespread fraud, whereas masks have been shown to slow the spread of COVID-19.

Maxey said his worries weren’t “wild conspiracy theories” but came from past ballot issues in Madison, though none of those involved drop boxes. He told Votebeat that he fears tampering and that voters using drop boxes might be unable to fix ballot errors.

Burden noted that valid ballots deposited in drop boxes are like any other absentee ballot, and contain voters’ and witnesses’ information, which helps prevent fraud.

Monday processing proposal in doubt

Krug’s draft proposal to let local clerks begin processing absentee ballots on the Monday before an election was a change long sought by election officials to help speed up the reporting of results, but blocked by a few conservative lawmakers. Krug and other GOP leaders hoped his proposal could win them over because it was part of a broader package that included measures conservatives want, including an explicit ban on clerks fixing, or curing, errors on absentee ballot envelopes, and the stricter regulation of drop boxes.

But at a hearing on Nov. 6, Krug conceded that both the preprocessing and drop box proposals were in jeopardy because of GOP opposition. Those measures were stripped out of the package after pushback from Brill, Maxey, and other conservatives, who released their own bill to ban drop boxes entirely.

Maxey told Votebeat that he would likely give a Monday processing proposal a hearing in his committee but would vote against it — adding that he knows other Assembly Republicans are against it, too.

Krug — who previously told Votebeat that he “would use every little ounce of political capital effort created on elections to get Monday processing done” — appeared to downplay the measure’s importance, saying it was only an issue in Milwaukee, where late-night reporting of election results often leads to conspiracy theories about fraudulent ballot dumps.

Clerks elsewhere disagree that the problem is so localized. Marathon County Clerk Kim Trueblood, a Republican, told Votebeat she hopes Krug “hasn’t entirely given up” on the Monday processing proposal, though “that’s what it sounds like for this session, at least.”

Krug also blamed its failure so far on the governor’s office, which he said received the draft Monday processing proposal months ago but never got back to him.

“Scott Krug has taken enough you-know-what in every community in the state of Wisconsin for being bold on this issue and saying we have to do it,” Krug said. “I need partners.”

Alexander Shur is a reporter for Votebeat based in Wisconsin. Contact Alexander at ashur@votebeat.org.

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