Jonathon Hauenschild, Senior Counsel for the Center for Election Confidence (CEC), in a featured guest column in WisPolitics.com, says a case before the Wisconsin Supreme Court could have lasting implications for election integerity.
Despite no law in Wisconsin authorizing the use of drop boxes—and the legislature deciding not to pass one when presented with the opportunity–this case could result in the Court circumventing the legislature and legalizing drop boxes anyway. The Court should respect the will of the people and their representatives in this matter and reject these efforts to drastically upend how Wisconsinites vote.
For Wisconsin voters to have confidence in their elections, it is vital that any changes to the laws governing our elections be considered out in the open, with full opportunity for debate, and with stability and certainty when a decision is reached. In this case, both the Wisconsin Legislature
and the Wisconsin Supreme Court have recently considered the use of drop boxes in Wisconsin. In 2022, the Court determined in Tiegen v. Wisconsin Election Commission that any use of drop boxes was unlawful in Wisconsin. And, when faced with the opportunity to respond, the Legislature kept the law the same—no drop boxes in Wisconsin.
While the law hasn’t changed, the question is again before the Court. Despite no law authorizing the use of ballot drop boxes, certain voices advocate for their implementation through judicial action, circumventing the established legislative channels.