The court had previously stayed the ban on drop boxes for the spring election primaries.
The Details: Wisconsin’s highest court rejected a motion for a temporary stay of a lower court’s order banning drop boxes in the state. The court voted 4-3 along ideological lines. By not extending the stay, the court is allowing the ban to take effect for spring primary elections.
“The record before us, including the timetable for making the necessary administrative changes as outlined by the court of appeals, indicates that the Commission can comply with the circuit court’s order so as to ameliorate concerns about voter confusion and election administration before the April 5, 2022 election commences,” the order from the court read.
The Background: The lawsuit is backed by the conservative Wisconsin Institute for Law & Liberty. WILL insists that the drop boxes are not established by state law and that an election commission advisory allowing them was unconstitutional.
Former President Donald Trump has been interested in the issue both nationally and in the state. He intervened in January when members of the Wisconsin Republican party appeared ready to include authorization for drop boxes into state law. He released a statement saying “drop boxes are only good for Democrats and cheating, not good for Republicans.”
Why It Matters: The decision isn’t a final ruling on the merits of the case, but it doesn’t bode well for the future of drop boxes. Utah introduced a bill requiring 24-hour surveillance of drop boxes earlier this month. Arizona’s Government Committee also voted to severely restrict their use last week. More states are looking to take action against them as midterm elections draw nearer.