MILWAUKEE — The Wisconsin Elections Commission says more than 440,000 absentee ballots have been returned ahead of next week’s election.
A new court ruling means those voters can no longer spoil their ballot and cast a new one if they change their mind ahead of Election Day. The decision applies to both absentee-by-mail voters and those who choose to cast their ballots at early voting sites.
Most absentee voters like Ade Esuso know who they’re voting for long before they cast a ballot and never reconsider their candidates of choice.
"It's a no-brainer that you've got plenty of time to go through all the candidates and see which one works for you,” Esuso said.
But a court ruling upheld last Thursday has big implications for those who do have second thoughts after returning their ballot. Now, once an absentee ballot is cast in Wisconsin, there’s no going back.
"I think that absolutely anybody should have the right to change their vote up until Election Day,” said voter Mary Ann Mitchell. “It's their vote."
A practice called ‘ballot spoiling’ had been allowed for several election cycles in Wisconsin.
Former Milwaukee Election Commission Executive Director Neil Albrecht says the state’s elections commission advised local clerks since 2016 to ensure absentee voters had the opportunity to toss their ballot to cast a new one as long as the original ballot hadn’t already been tabulated.
"If something really significant comes up, let's say a candidate drops out, candidates are caught up in a scandal, that happens sometimes, we’re going to give those absentee voters there same opportunity as Election Day voters to kind of remedy their ballots and cast a more real-time ballot, he said.
The Wisconsin Elections Commission unanimously voted during an emergency meeting Friday to rescind that guidance and no longer allow ballot spoiling moving forward.
"This has the potential to change the outcome of an election, particularly if something occurs regarding one of the candidates,” Albrecht said.
In the 2020 presidential election, the Associated Press reports nearly 33,000 voters spoiled their ballots and cast new ones. President Joe Biden won the state by less than 21,000 votes.
More recently in the August primary election, fewer than 4,000 voters spoiled and re-cast their ballots.
"This is significant,” Albrecht said. "Look at what just occurred in Wauwatosa. Elections can be decided by one vote. It doesn't have to be tens of thousands of people. So I don't think any kind of change to how people vote should be minimized as inconsequential. There's always a consequence, particularly in a swing state like Wisconsin where elections can be decided by very small margins."
If you’re an absentee voter and have yet to mail your ballot, the U.S. Postal Service’s recommended deadline to do so is Tuesday, Nov. 1. That’s because it can take up to seven days for a mailed ballot to arrive at your municipal election clerk’s office.