Wisconsin’s Elections Commission Blocked Absentee Voters From Recasting Ballots
The Wisconsin Elections Commission (WEC) voted 4-2 on July 9 to issue guidance barring absentee voters from “spoiling” their ballots after their preferred candidate drops out of a race. The ruling affects tens of thousands of voters in the state’s August 11 Democratic gubernatorial primary.
80,000+ Wisconsin voters had already returned absentee ballots before the WEC issued its July 9 guidance
That number matters because the Democratic primary field shifted dramatically in recent weeks. Lt. Gov. Sara Rodriguez and former Wisconsin Economic Development Corporation CEO Missy Hughes both suspended their campaigns. Milwaukee County Executive David Crowley dropped out and then re-entered the race. Voters who cast early ballots for candidates who are now out have no path to a new ballot under the current guidance.
What Ballot Spoiling Is & Why It Was Standard Practice
Ballot spoiling is the process that allows a voter to cancel a submitted absentee ballot and receive a replacement. Under previous state law, Wisconsin voters could spoil their ballot for any reason and request a new one up to three times.
In 2022, then-Waukesha County Judge Brad Schimel ruled the practice illegal. A state Court of Appeals overturned that ruling. The WEC’s July 9 guidance now narrows the valid reasons for spoiling to errors, like marking the wrong candidate by accident or a damaged ballot, not a voter’s preferred candidate leaving the race.
“If you’re sitting at your kitchen table and you realize that you voted for two candidates in the same election, you can go back and say, I made a mistake. Or if your significant other spilled coffee on your ballot, you say, I need another ballot. That’s fine. Once you’ve turned your ballot in, that’s it.”
WEC Chair Don Millis, July 9, 2026
Democrats Say the Guidance Violates State Law & Federal Precedent
The Democratic Party of Wisconsin filed a formal letter on July 15 demanding WEC rescind the guidance. Party attorney Diane Welsh argued the guidance contradicts existing state statutes and the commission’s own prior rulings on ballot spoiling. Welsh also argued that issuing the guidance mid-election cycle violates U.S. Supreme Court precedent against changing election rules once voting has begun.
Both Democratic members of the six-person commission voted against the guidance on July 9. The four commissioners who voted yes were appointed by Republican legislative leaders.
What You Can Do Now
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Contact WEC Chair Don Millis directly. Email the Wisconsin Elections Commission at [email protected] and tell them to rescind the July 9 guidance on ballot spoiling. Reference the August 11 primary deadline and the 80,000 voters already affected.
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Call your Wisconsin state legislators at the State Capitol switchboard at (608) 266-9960. Ask them to publicly pressure WEC to restore ballot spoiling rights before August 11. Name the guidance date: July 9.
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If you already returned an absentee ballot in Wisconsin, contact your municipal clerk now to ask whether you qualify for a replacement under any remaining valid grounds. Find your clerk at myvote.wi.gov.
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Attend the next WEC public meeting. The commission meets publicly and takes comment. Check the schedule and register to speak at elections.wi.gov/meetings. Bring documentation of how many voters in your county returned ballots before candidates withdrew.
Sources
Wisconsin Examiner: Democrats Push WEC to Rescind Absentee Ballot Revote Guidance Wisconsin Elections Commission: July 9 Meeting Minutes and Guidance Documents Brennan Center for Justice: Absentee Voting Rules and Voter Rights Explainer