Wisconsin Judge Rules Voters Cannot Replace Already-Returned Absentee Ballots in State Primary

Dane County Circuit Judge David Conway ruled on July 29, 2026, that Wisconsin voters cannot replace already-returned absentee ballots, upholding Wisconsin Elections Commission guidance. The ruling impacts Democrats, who sought ballot spoiling after a chaotic gubernatorial primary where candidates Sara Rodriguez and Missy Hughes dropped out but remain on the ballot. Republicans supported the decision, which shapes the high-stakes 2026 race to succeed Governor Tony Evers.

Wisconsin absentee ballot spoiling ruling

• ▪The Wisconsin Elections Commission voted 4-2 on July 9, 2026, to issue guidance to clerks stating that absentee voters cannot change their ballot after it has been returned.
• ▪A Wisconsin state appeals court in 2026 vacated on technical grounds a 2022 Waukesha County ruling that had ordered the Wisconsin Elections Commission to rescind guidance allowing ballot spoiling.

Chaotic Democratic gubernatorial primary

• ▪Former Wisconsin economic development director Missy Hughes dropped out of the Democratic gubernatorial primary in June 2026, but her name remains on the ballot.
• ▪More than 117,000 absentee ballots had been returned by July 29, 2026, for the Wisconsin state primary.
• ▪Wisconsin Lieutenant Governor Sara Rodriguez dropped out of the Democratic gubernatorial primary on July 17, 2026, amid a campaign finance scandal, but her name remains on the ballot.
• ▪Milwaukee County Executive David Crowley reentered the Wisconsin Democratic gubernatorial primary on July 18, 2026, after previously dropping out on July 8, 2026.

Judge rejects ballot replacement

• ▪Dane County Circuit Judge David Conway declined to issue a temporary restraining order that would have forced the Wisconsin Elections Commission to rescind its guidance against ballot spoiling.
• ▪Dane County Circuit Judge David Conway ruled on July 29, 2026, that Wisconsin law does not allow voters to spoil and replace an absentee ballot once it has been returned.

Partisan reactions to ruling

• ▪Republican Chair of the Wisconsin Elections Commission Don Millis praised the ruling, stating that state law does not permit voting "do-overs" once an absentee ballot is returned.
• ▪The Republican National Committee opposed the legal effort to allow revoting in the Wisconsin primary.
• ▪Wisconsin Democratic Party Chair Devin Remiker criticized the ruling as wrong, though the party did not immediately state if it would appeal.

Wisconsin electoral control stakes

• ▪Democratic Governor Tony Evers is not seeking a third term in the 2026 election, and the Democratic primary winner will likely face Republican U.S. Representative Tom Tiffany in November 2026.
• ▪Wisconsin Democrats are seeking to maintain the governor's office and flip both legislative chambers to gain full control of the state government for the first time since 2010.