Wisconsin voters who have already returned their absentee ballots for the state's primary are not allowed to void those and request a new one, Dane County Circuit Judge David Conway ruled Wednesday.

The ruling deals a blow to Democrats who filed a lawsuit seeking to give voters a do-over because of a chaotic party primary in the governor's race. More than 117,000 absentee ballots had been returned by Wednesday. Lt. Gov. Sara Rodriguez dropped out on July 17 amid a campaign finance scandal, and Milwaukee County Executive David Crowley, who had bowed out on July 8, reentered the race a day later. Both candidates' names remain on the ballot.

What the Right Is Saying

Don Millis, the Republican chair of the Wisconsin Elections Commission, defended the ruling after Judge Conway sided with the commission's interpretation. The judge got it right, Millis said in a statement. Once a voter returns an absentee ballot to the clerk, the voter cannot decide to change his or her vote. The law does not permit do-overs.

The Republican National Committee opposed the Democrats' effort to allow voters to cast new ballots after already submitting absentee votes. Republicans argued that the statute is clear and should be enforced as written without exceptions for political convenience.

This was not the first legal fight over ballot spoiling in Wisconsin. In 2022, a Waukesha County judge agreed with a Republican group that the elections commission must rescind its guidance allowing voters to cast second ballots. The state appeals court earlier this year vacated that ruling on technical grounds without addressing the merits.

What the Left Is Saying

Democrats argued that state law allows voters who have submitted absentee ballots to change their mind before those ballots are counted on Election Day. Attorney Eduardo Castro told Judge Conway during Tuesday's hearing that voters across Wisconsin will be disenfranchised if not allowed to spoil their ballots and cast new ones.

The bipartisan Wisconsin Elections Commission voted 4-2 on July 9 to distribute guidance to clerks saying absentee voters cannot change their ballot after it has been returned, a process known as ballot spoiling. Democrats objected to this interpretation and supported the lawsuit filed by three voters seeking to overturn that guidance.

Wisconsin Democratic Party Chair Devin Remiker said the ruling was wrong but did not say whether the party would appeal. The Democrats had sought a temporary restraining order ordering the elections commission to rescind its guidance to local clerks.

What the Numbers Show

More than 117,000 absentee ballots had been returned by Wednesday morning ahead of Wisconsin's August 11 primary election. The number represents a significant portion of expected turnout for a primary election in a state with roughly 3.7 million registered voters.

The Democratic gubernatorial primary features four candidates: Rodriguez and Hughes remain on the ballot despite having withdrawn from the race, along with Crowley who reentered after initially dropping out, and state Cabinet Secretary Tom Barwick. The winner will advance to November's general election against Republican U.S. Rep. Tom Tiffany, who faces only token opposition in his party's primary.

Democratic Gov. Tony Evers is not seeking a third term, making this an open seat race. Democrats currently hold a narrow majority in the state Senate and Republicans maintain control of the state Assembly. The party that wins the governor's race will have significant influence over legislative maps drawn after the 2030 census.

The Bottom Line

Judge Conway's ruling means voters who already cast absentee ballots cannot change their votes regardless of candidate withdrawals or the chaotic nature of the primary. Those who voted for Rodriguez before she dropped out, or who intended to vote for Crowley while he was out of the race, will have those votes counted as submitted.

The Wisconsin Democratic Party may appeal the ruling, though time is short ahead of the August 11 primary election. Early voting has already begun in many municipalities. The case highlights ongoing legal ambiguity around ballot spoiling procedures that state courts may need to clarify more definitively before future elections.

The outcome could affect turnout dynamics and voter enthusiasm heading into November's general election, when Democrats are hoping to retain the governor's office while attempting to flip both chambers of the Legislature for the first time since 2010.