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Judge rules absentee ballot drop boxes not allowed under Wisconsin law

A Waukesha County Judge has ruled that absentee ballot drop boxes are not allowed under Wisconsin law, a ruling that could potentially remove an option for voting ahead of the state’s midterm elections.

Ruling from the bench Thursday, Circuit Court Judge Michael Bohren ordered the Wisconsin Elections Commission to rescind its guidance to clerks on how to use the drop boxes, saying the WEC had exceeded its authority when it issued the recommendations.

“In looking at the statutes, there is no specific authorization for drop boxes,” Bohren said.

Bohren’s ruling sided with the conservative Wisconsin Institute for Law and Liberty in its lawsuit against the commission. The ruling is all but certain to be appealed.

The Elections Commission issued the guidance in 2020, first in March and then again in August in the run-up to Wisconsin’s presidential election. The move came as more and more residents turned to absentee voting during the COVID-19 pandemic.

The commission’s attorney, Assistant Attorney General Stephen Kilpatrick, argued in court that the documents were meant to be advice to local clerks, who run elections.

“These memos are guidance documents because they guide local election officials,” Kilpatrick said. “They do not order them to do anything.”

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