Full Breakdown
Wisconsin Judge Upholds Rule Barring Absentee Ballot Revotes Ahead of Aug. 11 Primary
7/30/2026, 9:16:44 AM
Core Event: Ruling Bars Do-Over Requests for Returned Mail-In Ballots
Dane County Circuit Judge David Conway ruled on July 29 that Wisconsin law does not permit a voter to “spoil” an absentee ballot after it has been returned to a clerk. The decision leaves in place guidance issued by the Wisconsin Elections Commission on July 9, which tells local clerks that voters cannot request a new ballot once their original absentee ballot is submitted. More than 100,000 absentee ballots have already been cast for the Aug. 11 Democratic primary for governor.
Background & Context
The dispute arose after candidate withdrawals in the Democratic gubernatorial primary. Lt. Gov. Sara Rodriguez dropped out on July 17, and Milwaukee County Executive David Crowley re-entered the race after withdrawing on July 8. Voters who had mailed ballots for Rodriguez or former Economic Development Corp. CEO Missy Hughes sought a “ballot-spoiling” process to cast a new absentee ballot. The Wisconsin Elections Commission, voting 4-2, issued guidance prohibiting such revotes. Democrats, backed by the state party, filed a lawsuit seeking a temporary restraining order and a court order to rescind the guidance.
Timeline
- July 8 – David Crowley withdraws (later re-enters).
- July 9 – Elections Commission adopts 4-2 guidance barring absentee ballot changes.
- July 17 – Sara Rodriguez withdraws.
- July 28 – Commission chair Don Millis publishes an op-ed defending the guidance.
- July 29 – Judge Conway rules the statute is “unambiguous” and does not allow ballot spoiling after return.
- Aug. 11 – Primary election.
Data & Statistics
- More than 117,000 absentee ballots had been returned by the time of the ruling (AP).
- More than 100,000 absentee ballots had been cast (WMTV15). The two figures reflect a reporting discrepancy.
Official Statements & Responses
- Daniel Bach, defense attorney for the commission, warned that changing the rule two weeks before the Aug. 11 primary would force clerks “to scramble.”
- The Republican National Committee opposed the revote effort, characterizing the plaintiffs’ claim as “astounding.”
Criticism & Opposition
Democratic leaders argue the guidance disenfranchises voters who cannot change their vote after a candidate drops out. The lawsuit, filed by three voters with party backing, frames the issue as a constitutional equal-protection violation. Democratic commissioners Jacobs and Thomsen have broken with the commission, saying absentee voters should have the same spoil-and-re-vote rights as in-person voters.
Conflicting Reports & Gaps
- The number of absentee ballots cast is reported as “more than 117,000” and “more than 100,000,” indicating a lack of precise, unified data.
- Sources do not indicate whether the Democratic Party plans to appeal Judge Conway’s decision.
Verbatim Quotes
- “So here I am now with a vote that is not going to count for anything. And to me, that means I didn’t get to vote in this election,” — Jeff Kremers
- “Not only would this be inconsistent with the law, it would be a disaster to the administration of the election,” — Don Millis, elections commission chairman
