The League of Women Voters of Wisconsin has filed a lawsuit challenging the state’s current absentee ballot curing practices, arguing they violate the Wisconsin Constitution. The group claims that the law gives clerks too much discretion, leading to inconsistencies in how absentee ballots are handled across the state.
Current Practices and Legal Challenges
Under current law, clerks may return incomplete absentee ballots to voters, but this is not mandatory. This has resulted in some clerks notifying voters of issues with their ballots, while others do not, leaving ballots to be rejected without voter notification. The lawsuit, filed in Dane County, seeks to require clerks to notify voters of missing information and allow them to correct it, a process known as ‘curing.’
The lawsuit names the Wisconsin Elections Commission as the defendant and highlights the lack of uniformity in curing practices as a threat to mail-in absentee ballots. The case comes ahead of Wisconsin’s 2026 primary election, adding urgency to the matter.
Challenges in Implementation
Clerks across Wisconsin have expressed concerns about the feasibility of a blanket curing requirement, especially given the state’s 8 p.m. Election Day deadline for receiving ballots. The size and resources of municipalities vary greatly, with smaller towns having fewer resources compared to larger cities like Milwaukee, which can receive thousands of absentee ballots on Election Day.
Marathon County Clerk Kim Trueblood noted that the lack of voter contact information complicates the curing process. She suggested that requiring voters to provide contact information could ease the implementation of a curing requirement.
National Context and Potential Outcomes
Ballot curing practices differ widely across the United States. Some states do not allow curing, while others permit it even after Election Day. The lawsuit in Wisconsin mirrors a similar case in North Carolina, which resulted in a statewide curing requirement and a significant drop in ballot rejection rates.
As the case progresses, questions about the practical implementation of a uniform curing process in Wisconsin remain. The outcome could set a precedent for how absentee ballots are handled in the state, potentially influencing future election procedures.
Original reporting: Wisconsin Watch — read the source article.
