Judge rules absentee ballots in Wisconsin primary cannot be voided for a new vote

Dane County Circuit Judge David Conway ruled that Wisconsin law does not permit voters to spoil an absentee ballot after it has been returned to a clerk, ending a Democratic lawsuit seeking a “do-over” for the chaotic governor primary. More than 117,000 absentee ballots had been submitted when the case was filed, and Democrats worried many were cast for Lt. Gov. Sara Rodriguez before she exited the race. The judge found the language of the statute unambiguous and affirmed the bipartisan Wisconsin Elections Commission’s guidance to local clerks.

He denied a temporary restraining order that would have required the commission to rescind that guidance. Republican Election Commission chair Don Millis praised the decision, while Democratic Party Chair Devin Remiker called it wrong but gave no indication of an appeal. The ruling comes amid a contested Democratic primary that could determine the party’s nominee against Republican U.S. Rep. Tom Tiffany in the November general election.