Priorities USA v. Wisconsin Elections Commission

Wisconsin has various absentee voting procedures in place for elections. First, it has an absentee ballot witness requirement that requires an absentee ballot to be returned with a witness certificate. The certification is meant to prove the voter completed their ballot in the presence of a witness who can attest to that voter’s eligibility to vote absentee. Second, Wisconsin law requires voters to “cure” errors on their absentee ballots by 8 p.m. on Election Day. Third, the Wisconsin Supreme Court’s 2022 application of Wisconsin Statute § 6.84 in Teigen v. Wisconsin Elections Commission led to a complete prohibition on ballot drop boxes in the state. 

On July 20, 2023, the plaintiffs – Priorities USA, the Wisconsin Alliance for Retired Americans, and an individual voter – filed a suit against the Wisconsin Elections Commission challenging the three absentee ballot regulations. The complaint alleged these voting rules violated Wisconsin’s state constitution by treating absentee voting as a “privilege” instead of a fundamental right. Plaintiffs argued that ballot witness requirement burdens the right to vote and the right to a secret ballot. They also argued the “cure” deadline deprives voters who return absentee ballots close to or on Election Day of having their vote counted properly. Lastly, they contended the state’s ban on drop boxes has led to disenfranchisement and discrimination. The plaintiffs requested the court declare the three regulations invalid.  

After the complaint was filed, multiple parties attempted to intervene as defendants-respondents, including the Republican National Committee and the Wisconsin legislature. The Wisconsin legislature was granted permission to intervene along with Wisconsin Governor Tony Evers.  

On January 24, 2024, the state trial court issued a ruling on multiple motions to dismiss the case. It granted the motions to dismiss regarding the plaintiffs’ claims of facial unconstitutionality because the evidence was insufficient for a holding that the provisions were unconstitutional on their face. However, it denied the motion to dismiss on the plaintiffs’ claims related to the absentee ballot witness requirement and the constitutionality of Wis. Stat. § 6.84. On March 12, 2024, the court granted the plaintiffs’ petition to bypass the state court of appeals and go directly to the Wisconsin Supreme Court.  

On May 3, 2024, LWVWI, Disability Rights Wisconsin, and Wisconsin Faith Voices for Justice filed an amicus brief in support of plaintiffs-petitioners' argument that ballot drop boxes are useful in reducing disparate access to voting and that the application of Wis. Stat. § 6.84 in Teigen created a discriminatory result.  

On July 5, 2024, the Wisconsin Supreme Court reinstated ballot drop boxes across the state, enabling voters to cast absentee ballots using drop boxes in the general election. The facial constitutional challenges regarding the ballot cure deadline and witness requirement challenges were remanded to state trial court. Subsequently, the trial court dismissed the plaintiffs’ remaining claims raised in the suit. 

LWVWI was represented by Law Forward Inc.