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FACT BRIEF

Are ballot boxes in Wisconsin illegal?

By Jacob Alabab-Moser
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YES

In July, the Wisconsin Supreme Court ruled that absentee ballot drop boxes in the state were illegal in a lawsuit filed by the conservative group Wisconsin Institute for Law & Liberty on behalf of two voters against the Wisconsin Elections Commission.

"Reading the election statutes in context and as a whole, we conclude an absentee ballot delivered in person … must be delivered personally by the voter," wrote Justice Rebecca Bradley in the opinion issued by the court's conservative majority. 

The opinion stated the WEC is obliged to follow the state's election laws and that, "Nothing in the statutory language detailing the procedures by which absentee ballots may be cast mentions drop boxes or anything like them."

Ballot drop boxes proliferated during the onset of the COVID-19 pandemic, reaching roughly 500 across Wisconsin in the 2020 general election.

This fact brief is responsive to conversations such as this one.
Sources
Democracy Docket Wisconsin drop box challenge
Wisconsin Public Radio Majority decision written by Justice Rebecca Bradley — July 8, 2022
Wisconsin Public Radio Wisconsin Supreme Court rules absentee ballot drop boxes are illegal in Wisconsin
Wisconsin Watch Ballot drop boxes offer ‘a safe place’ for voting in Wisconsin’s election
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Wisconsin Watch
Wisconsin Watch, the news arm of the nonpartisan, nonprofit Wisconsin Center for Investigative Journalism, increases the quality and quantity of investigative reporting in Wisconsin, while training current and future investigative journalists. Its work fosters an informed citizenry and strengthens democracy.
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Fact briefs are short, credibly sourced summaries that offer “yes/no” answers in response to claims found online. They rely on publicly available, often primary source data and documents. Fact briefs are created by contributors to Gigafact —a nonprofit project looking to expand participation in fact-checking and protect the democratic process. See all fact briefs here.