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Newly Liberal Wisconsin Supreme Court To Reconsider Decision Banning Drop Boxes

By Rachel Selzer

The Wisconsin Supreme Court, which recently shifted from a conservative to a liberal majority, will reconsider ([link removed]) a 2022 decision ([link removed]) that banned the use of drop boxes throughout the state.
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In an order ([link removed]) issued last night over the dissent of two conservative justices, the majority agreed to hear oral argument on May 13, 2024 to decide whether to “overrule” the court’s 2022 holding in Teigen v. Wisconsin Elections Commission ([link removed]) — a right-wing lawsuit that culminated in a statewide prohibition on the use of drop boxes.

In its Teigen decision ([link removed]) , the court’s then-conservative majority held that secure ballot drop boxes contravene state law, concluding that absentee ballots may only be returned via mail to a municipal clerk or in person at a polling place.

The state Supreme Court flipped to a liberal majority in August 2023 following the election of Justice Janet Protasiewicz ([link removed]) . Since Protasiewicz joined the bench, the court has already issued a pro-voting decision ([link removed]) striking down the state’s heavily gerrymandered legislative districts, which have since been replaced ([link removed]) by a fairer set of maps.

Yesterday’s order stems from an ongoing state-level lawsuit ([link removed]) brought by pro-voting groups and a voter challenging a host of absentee voting rules in the Badger State. A trial court previously dismissed most of the plaintiffs’ claims in a January 2024 order ([link removed]) , prompting the voting rights groups to appeal ([link removed]) to the state Supreme Court.

With the Wisconsin Supreme Court set to hold oral argument on May 13, a decision on whether drop boxes will be reinstated is all but guaranteed to come down prior to the 2024 presidential election.
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