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Wisconsin Judge Bars Changes To Already-Returned Primary Absentee Ballots

Judge David Conway ruled Wednesday, July 29, 2026, that Wisconsin voters who have already returned absentee ballots for the state primary cannot spoil and replace them.[1]

Conway denied a temporary restraining order sought by three voters and left intact a July 9 Wisconsin Elections Commission guidance that returned absentee ballots may not be changed.[1] More than 117,000 absentee ballots had been returned by July 29, and some may have been cast for Democratic candidates who have since dropped out.[1]

On July 9, 2026, the Wisconsin Elections Commission voted 4-2 to issue guidance saying returned absentee ballots cannot be changed.[1] Democrats supported the three-voter lawsuit seeking to allow voters to spoil and replace ballots already returned to clerks.[1]

The ruling affects the Democratic governor primary whose winner is expected to face Republican Rep. Tom Tiffany in November.[1]

  1. PBS News
Elections and Voting Rules Courts and Civil Litigation Wisconsin Politics
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📌 Key Facts

  • On Wednesday, July 29, 2026, Judge David Conway ruled Wisconsin voters cannot spoil and replace absentee ballots once they have been returned to clerks.
  • The ruling upholds a July 9, 2026, Wisconsin Elections Commission 4-2 vote issuing guidance that returned absentee ballots may not be changed.
  • More than 117,000 absentee ballots had been returned by July 29, many possibly cast for Democratic gubernatorial candidates who have since dropped out.
  • Democrats supported a lawsuit by three voters seeking to allow ballot changes; Conway denied their request for a temporary restraining order.
  • The decision affects the Democratic governor primary whose winner is expected to face Republican Rep. Tom Tiffany in November.

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