"Our decision today does not force or require that any municipal clerks use drop boxes," the decision Friday read. "It merely acknowledges ... that clerks may lawfully utilize secure drop boxes in an exercise of their statutorily conferred discretion."
In 2022, the court limited the use of absentee drop boxes and ruled that they could be placed only in local election clerks' offices and no one other than the voter could return a ballot in person. In 2023, one new justice was elected and the new court reversed its earlier decision. "What if we just got it wrong?" Justice Jill Karofsky said of the 2022 ruling during arguments in May. "What if we made a mistake? Are we now supposed to just perpetuate that mistake into the future?"
The court heard arguments three months before the Aug. 13 primary and six months ahead of the Nov. presidential election. The move drew the ire of the court's conservatives, who accused the liberals of trying to give Democrats an advantage this fall. Misha Tseytlin, attorney for the Republican-controlled Legislature, argued that if the court overturned the ruling, it would have to revisit the issue the next time the makeup of the court changes.
But Democratic Gov. Tony Evers in April urged the court to allow drop boxes again. Democrats argue the Wisconsin SC misinterpreted the law in its 2022 ruling and wrongly concluded that absentee ballots can only be returned to a clerk in their office and not to a drop box they control that is located elsewhere. David Fox, attorney for the groups that brought the challenge, said the current law is unworkable because it's not explicitly clear where ballots can be returned.....<<<Read More>>>....