From Marc Elias, Democracy Docket <[email protected]>
Subject What I’m watching: Wisconsin drop boxes are back in court ahead of 2024
Date May 13, 2024 11:00 AM
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A crucial case in a key battleground state.

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The most important court hearing of the week won’t be in New York, and it won’t involve Donald Trump (at least not directly). Instead, democracy watchers will have their eyes glued to the Wisconsin Supreme Court this morning at 9:45 a.m. CT as it hears oral arguments ([link removed]) in Priorities USA v. Wisconsin Elections Commission.

The immediate issue before the court is whether to overturn the high court’s 2022 decision in Teigen v. Wisconsin Elections Commission ([link removed]) , which, among other things, resulted in a complete ban on ballot drop boxes. That controversial ruling, Teigen, narrowly split 4-3 along sharp ideological grounds, with conservatives in the majority.

Since then, the composition of the court has changed with liberals now enjoying the 4-3 majority. That majority agreed to fast track consideration of this case over the vehement objections of the court’s conservative minority. And though the new majority issued an important state legislative redistricting decision late last year, this will be the first chance to see how the newly constituted court handles a voting case with implications for national elections.

The first thing that I’ll be looking for when I’m watching this morning is if a new majority means a new result in this critical case for voters — my tip: know who the four liberal justices are and pay attention to their comments and questions.

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