Absentee ballot spoiling court ruling put on hold

Oct 10, 2022, 3:39 PM | Updated: 3:43 pm

MADISON, Wis. (AP) — A Wisconsin appeals court on Monday put on hold a lower court’s ruling from last week prohibiting voters from canceling their original absentee ballot and casting a new one, blocking at least temporarily the order sought by a conservative group founded by prominent Republicans.

The appeals court granted the Wisconsin Elections Commission’s request for a temporary stay while the court decided whether to hear the appeal on the practice known as ballot spoiling. The appeals court gave both sides until noon on Wednesday to submit arguments.

The legal fight comes as Wisconsin voters are returning absentee ballots for the Nov. 8 election. To date, just short of 110,000 absentee ballots have been returned, just over one quarter of the nearly 401,000 that were requested, according to the elections commission.

Democratic Gov. Tony Evers and Republican U.S. Sen. Ron Johnson are both on the ballot in tight races.

The order from the appeals court came as the elections commission was in closed session of an emergency meeting Monday called in part to react to the court ruling.

The order from Waukesha County Circuit Judge Brad Schimel, a former Republican attorney general, required the elections commission to inform municipal clerks and local election officials by 7 p.m. Monday that its guidance on ballot spoiling issued Aug. 1 had been withdrawn. Schimel also forbid the commission from issuing any future guidance related to ballot spoiling that is not allowed under the law.

Restoring Integrity and Trust in Elections filed the lawsuit last month. The group was created in July by former U.S. Attorney General William Barr, longtime Republican strategist Karl Rove, GOP donor Steve Wynn and others. It has also filed election-related lawsuits in the battleground states of Arizona and Pennsylvania.

Ballot spoiling got more attention in Wisconsin during the August primary after a Republican candidate for governor and three top Democratic candidates for U.S. Senate dropped out of the races, but their names were still on the ballots. The elections commission made clear then that voters who had cast their ballots for one of them absentee could spoil it and vote again for someone still in the race.

RITE argued that the practice in Wisconsin is both against the law and creates additional opportunities for fraud and confusion.

The Democratic National Committee joined the bipartisan Wisconsin Elections Commission in fighting the lawsuit.

Wisconsin’s elections commission and its guidance became a target after Donald Trump narrowly lost Wisconsin in 2020, an outcome that’s withstood numerous lawsuits, two partial recounts, a nonpartisan audit and partisan reviews.

A judge last month ruled that commission guidance allowing election clerks to fill in missing information on a witness certification for absentee ballots was illegal and must be rescinded. Two other lawsuits are pending seeking orders on what constitutes enough of an address for an absentee ballot to be accepted.

Copyright © The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

AP

FILE - A flu vaccine is readied at the L.A. Care and Blue Shield of California Promise Health Plans...
Associated Press

Flu season worsens as 44 states report high activity

NEW YORK (AP) — The U.S. flu season keeps getting worse. Health officials said Friday that 7.5% of outpatient medical visits last week were due to flu-like illnesses. That’s as high as the peak of the 2017-18 flu season and higher than any season since. The annual winter flu season usually doesn’t get going until […]
21 hours ago
Secretary of Defense Lloyd Austin introduces the B-21 Raider stealth at Northrop Grumman Friday, De...
Associated Press

Keep COVID military vaccine mandate, defense chief says

ABOARD A U.S. MILITARY AIRCRAFT (AP) — Defense Secretary Lloyd Austin said he wants to keep the military’s COVID-19 vaccine mandate in place to protect the health of the troops, as Republican governors and lawmakers press to rescind it. This past week more than 20 Republican governors sent a letter to President Joe Biden asking […]
21 hours ago
Associated Press

Family says coyote attacked toddler outside LA home

LOS ANGELES (AP) — A coyote ambushed and injured a 2-year old girl outside her Los Angeles home in a daytime attack before her father chased the animal off, her family said. Home security video obtained by KTLA-TV shows the animal grab and drag the toddler across her lawn and sidewalk, just seconds after her […]
21 hours ago
FILE -  Rep. Jim Kolbe, R-Ariz, speaks during a press conference at the American University of Beir...
Associated Press

Longtime Arizona GOP Rep. Jim Kolbe dies at 80

PHOENIX (AP) — Jim Kolbe, a Republican congressman who represented a heavily Democratic region of Arizona for more than two decades and was a proponent of gay rights, has died. He was 80. Arizona Gov. Doug Ducey said in a statement that Kolbe died Saturday. Ducey ordered flags lowered until sunset Sunday. Kolbe served in […]
21 hours ago
Associated Press

Fan buying famed ‘Goonies’ house in Oregon, listed for $1.7M

ASTORIA, Ore. (AP) — The listing agent for the Victorian home featured in the “The Goonies” film in Astoria, Oregon, said this week the likely new owner is a fan of the classic coming-of-age movie about friendships and treasure hunting, and he promises to preserve and protect the landmark. The 1896 home with sweeping views […]
21 hours ago
New Los Angeles County Sheriff Robert Luna is sworn in by the Honorable Samantha Jersey, Presiding ...
Associated Press

New LA sheriff vows accountability, integrity for department

LOS ANGELES (AP) — The new head of the nation’s largest sheriff’s department vowed Saturday to usher in an era of integrity and collaboration after his predecessor’s tenure was marked by clashes with other public officials and allegations that ganglike groups of deputies ran amok within the agency. Robert Luna took an oath of office […]
21 hours ago

Sponsored Articles

...
Quantum Fiber

Stream 4K and more with powerful, high-speed fiber internet

Picking which streaming services to subscribe to are difficult choices, and there is no room for internet that cannot handle increased demands.
...
Quantum Fiber

How high-speed fiber internet can improve everyday life

Quantum Fiber supplies unlimited data with speeds up to 940 mbps, enough to share 4K videos with coworkers 20 times faster than a cable.
...
Day & Night Air Conditioning, Heating and Plumbing

Ways to prevent clogged drains and what to do if you’re too late

While there are a variety of ways to prevent clogged drains, it's equally as important to know what to do when you're already too late.
Absentee ballot spoiling court ruling put on hold