The Sconi

Common Cause Wisconsin (CC/WI), a leading nonpartisan political reform advocacy organization, has joined an amicus brief in a lawsuit before the Wisconsin Supreme Court. The lawsuit aims to reverse a 2022 decision that banned the use of secure voter drop boxes across Wisconsin. These drop boxes were used safely and securely by voters from before the 2016 elections until 2022 to return absentee ballots on time for counting.

In 2020, at the peak of the COVID-19 pandemic, the number of drop boxes was increased to 570 in 66 out of Wisconsin’s 72 counties. This expansion, authorized by the bipartisan Wisconsin Elections Commission (WEC), provided voters with a more convenient and safe method to ensure their absentee ballots could be returned on time for counting. This was particularly important given uncertainties regarding timely delivery by the U.S. Postal Service.

However, in 2022, conservatives challenged the use of secure drop boxes, arguing that WEC authorization was insufficient. On July 8, 2022, the Wisconsin Supreme Court introduced new voting barriers, including banning voter drop boxes throughout the state in their ruling in Teigen v. Wisconsin Election Commission. As a result, secure voter drop boxes were not utilized during the November 2022 midterm elections or during any part of 2023 and so far in 2024.

CC/WI expressed strong opposition to this decision when it was made nearly two years ago and is now eager to help overturn it. Fortunately, last year's Teigen v. W.E.C. decision was challenged and will be reconsidered by the Wisconsin Supreme Court as they have agreed to hear Priorities USA v. Wisconsin Elections Commission.

Currently, voter drop boxes are either required or widely accessible in 29 states including neighboring states Minnesota, Michigan and Illinois. They are also used with some limitations in Iowa, Indiana and Ohio. However, they remain prohibited in Wisconsin – the only “purple” or non-deep red state in the nation with a complete ban.

CC/WI expressed gratitude to Zachary Goldstein and Mark Cherry of Gibson, Dunn & Crutcher LLP for drafting the brief and incorporating Common Cause's suggestions and concerns about this significant voting rights issue.

CC/WI asserts that the highest court in Wisconsin should not create barriers to voting or limit access to casting a ballot, including returning an absentee ballot through a secure drop box. The organization remains hopeful that the Wisconsin Supreme Court will restore secure voter drop boxes for voters to participate more readily in the democratic process in the crucial 2024 election and beyond.