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Election officials are again urging Wisconsin voters to return their absentee ballots as early as possible after an Oct. 6 court ruling blocked a plan that would have allowed voters with late-arriving mail ballots to cast provisional ballots on Election Day. That decision led officials to double down on their long-standing advice for voters to submit absentee ballots well in advance, whether by mail or through alternative return methods.
Voters should not mail back their ballots if Election Day is less than two weeks away, Rock County Clerk Lisa Tollefson told reporters on a call Tuesday. Instead, she said, “We want them to actually deliver it to the clerk directly, use a drop box, find an alternate method, because if we don’t have it by 8 p.m. we can’t count it.”
Two-thirds of Wisconsin clerks observed issues with absentee ballot mail delivery in the April election, a Wisconsin Elections Commission survey showed. Clerks like Tollefson worry delays could happen again and would be exacerbated by voters mailing ballots late.
So far, clerks haven’t seen many issues with mailing ballots, Chetek City Clerk Mark Eby, the vice president of the Wisconsin Municipal Clerks Association, told reporters Tuesday. Ballots began going out in mid-September, and voters have already returned over 142,000. It’s the late returns clerks worry about.
Mail delays pose a significant risk to Wisconsin voters because it is one of 35 states that do not accept late-arriving mail. Unlike the 15 states that allow ballots postmarked by Election Day to arrive late, Wisconsin requires all absentee ballots to arrive at the polls by 8 p.m. on Election Day to be counted.
The League of Women Voters of Wisconsin filed a lawsuit in July to allow voters whose mail ballots would likely arrive late to cast a provisional ballot in case the mail one doesn’t show. The lawsuit is still pending in Dane County court, but Judge Rhonda Lanford ruled last week against a motion for a temporary injunction that would have allowed the provisional ballot relief in the upcoming election.
Alexander Shur is a reporter for Votebeat based in Wisconsin. Contact Alexander at ashur@votebeat.org.
