Wisconsin judge blocks replacement of returned absentee ballots before Aug. 11 primary

Prepared Aug. 1, 2026: Dane County Circuit Judge David Conway ruled July 29 that Wisconsin voters cannot void an absentee ballot after returning it to their municipal clerk and request a replacement for the Aug. 11 partisan primary.

Conway’s decision leaves in place Wisconsin Elections Commission guidance issued July 9 to roughly 2,000 municipal clerks. The immediate rule applies to ballots already returned to a clerk, including ballots cast before candidates left the Democratic primary for governor.

What the judge decided

Conway denied a temporary restraining order sought by three Dane County voters. The plaintiffs asked the court to require the Wisconsin Elections Commission to withdraw its guidance and allow voters to replace returned absentee ballots before Election Day.

In the ruling, Conway said the statute does not allow a voter to spoil an absentee ballot after it has been returned. He declined to order the commission to rescind its guidance.

The ruling controls the immediate absentee-ballot process for the Aug. 11 primary. It does not permanently resolve the broader dispute over how Wisconsin law defines ballot spoiling, and further court action or official guidance could affect the issue.

Why the lawsuit was filed

The lawsuit followed changes in the Democratic race for governor. Milwaukee County Executive David Crowley left the race July 8 and reentered the next day. Lt. Gov. Sara Rodriguez withdrew July 17. Rodriguez’s name remains on the ballot, as does former state economic development director Missy Hughes, who dropped out in June, according to Associated Press reporting.

The three plaintiffs said they had voted for a candidate who later left the race and argued that state law allows a returned absentee ballot to be replaced before it is counted. Those are claims made in the lawsuit, not findings that Conway accepted.

More than 117,000 absentee ballots had reportedly been returned statewide by July 29. That was a reported count at the time, not a final statewide total.

The key distinction for voters

A Wisconsin voter who has already returned an absentee ballot to the municipal clerk cannot currently cancel it and receive a replacement ballot for the Aug. 11 primary.

A voter who has requested or received an absentee ballot but has not returned it remains subject to the ordinary statewide procedures and deadlines. MyVote Wisconsin says voters who make a mistake or change a selection should contact their municipal clerk for help before returning the ballot.

The official deadlines for the Aug. 11, 2026, partisan primary are:

Aug. 6 at 5 p.m.: Regular absentee-ballot requests must be received by the municipal clerk.
Through Aug. 9, possibly: In-person absentee voting may continue through Aug. 9, but hours and locations vary by municipality. Voters should confirm details through MyVote Wisconsin or with their municipal clerk.
Aug. 11 at 8 p.m.: An absentee ballot must be received by the municipal clerk by 8 p.m. on Election Day.

MyVote Wisconsin also says that once an absentee ballot is in the mail, the voter may not vote in person at the polls. Voters should track an unreturned ballot and contact their municipal clerk if they need help with the ballot or its return.

Why the legal dispute remains unsettled

The fight over absentee-ballot spoiling dates to 2022. Wisconsin Elections Commission guidance at that time took a broader view of when voters could replace returned ballots. Attorney General Josh Kaul also argued in an earlier court filing that state law could permit replacement under statutory deadlines.

A Waukesha County judge later blocked the practice. An appeals court vacated that decision in February 2026 on procedural grounds, without resolving the merits. The Wisconsin Watch report on the dispute said the appeals court action involved service of documents on a legislative committee.

On July 9, the commission voted 4-2 to tell clerks that absentee voters may not spoil a ballot after returning it. The guidance came as candidates were leaving and reentering the Democratic governor’s primary and after clerks had already mailed ballots for the Aug. 11 election.

What happens next

For the Aug. 11 primary, the current rule is that a returned absentee ballot cannot be replaced. Any change before the election would require further court action or new official guidance.

The broader legal question—whether Wisconsin law permits a voter to replace a returned ballot for reasons other than damage or an error—may continue before the courts or return to lawmakers. Until then, voters with unreturned ballots should follow MyVote Wisconsin’s deadlines and verify questions with their municipal clerk.

Sources

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