Judge rejects Democrats’ request to allow primary re-votes

A Dane County judge on Wednesday rejected a request from Democratic voters to allow people to “spoil” and re-cast their absentee ballots for any reason. 

Under state law, voters can spoil ballots that are damaged or if they believe they made a mistake in filling out the ballot. Earlier this month, the Wisconsin Elections Commission voted 4-2 to publish guidance stating that the process wasn’t available to people who simply wished to change their vote. 

The Democratic voters argued the guidance should be thrown out to accommodate people who may have already cast a vote in this year’s August primaries before their preferred candidate dropped out. The ballot for the Democratic primary for governor includes two candidates, Lt. Gov. Sara Rodriguez and former Wisconsin Economic Development Corporation CEO Missy Hughes, whose names appear even though both have suspended their campaigns. 

In a ruling Thursday, Judge David Conway rejected the injunction request from the voters, finding that “the unambiguous language of the statute does not allow a voter to spoil an absentee ballot after it is returned.”