Ballot drop boxes are lawful in Wisconsin again. And, the voices of election clerks are being heard.
As lawsuits and unsubstantiated claims about drop boxes and voter fraud mount, Public Rights Project’s (PRP) Election Protection Hub identified Priorities USA v. Wisconsin Election Commission as a key opportunity to defend local elections officials who have deep knowledge of their communities and are invested in the democratic process. In 2022, that same court ruled that absentee ballots could only be mailed or returned directly to the clerk or clerk’s staff, despite a long-standing tradition of using drop boxes in the state. The decision in Priorities USA v. Wisconsin Election Commission overturns this ruling.
PRP filed an amicus brief in April – and was the only organization representing the voice of local election clerks – arguing that drop boxes are a convenient, secure, and essential tool for voters and election officials. In its decision, the court specifically highlighted the valuable role clerks play in our election system, stating that election officials are given “significant responsibility,” and “discretion” for administering elections in Wisconsin’s decentralized election system.
“The Wisconsin Supreme Court’s decision to reinstate drop boxes is a victory for voters, election officials, and our democracy,” said Public Rights Project’s Chief Program Officer Jonathan Miller. “Local election officials are closest to the solutions for providing voters with convenient and accessible methods of voting. Our amicus brief relied on the experiences of clerks and the court recognized that existing laws give substantial authority to clerks on how to best administer elections in their communities. The removal of drop boxes made it more difficult for them to serve residents who need alternate voting options, including voters with disabilities or low-income workers who can’t take time off of work to deliver a ballot during office hours.”
Why Drop Boxes Matter in Elections
In our conversations with local elections officials, we learned why drop boxes benefit everyone and how voter suppression efforts make it difficult for them to administer free and fair elections. PRP’s amicus brief outlined the following benefits:
1. Drop boxes are secure
They are often built into a clerk’s office building or located on the clerk’s office premises. Others are typically located in front of highly trafficked public buildings including city halls, libraries, or fire stations.
Unstaffed drop boxes are constructed of durable materials, like steel, and are permanently cemented to the ground.
Only election officials and their staff have access to the contents inside drop boxes, which have tamper-evident seals and are located in places with surveillance.
2. Drop boxes are convenient for voters and local elections officials
Drop boxes can be accessed outside of regular business hours, making voting more convenient for more people.
Drop boxes are especially useful in rural areas, where clerks’ offices may have more limited hours.
Ballots submitted via drop box can be quickly and efficiently logged into the clerk’s information system. This helps reduce the time spent on inquiries about whether a voter’s ballot is processed.
3. Drop boxes ensure ballots are counted
Drop boxes decrease the number of mail ballots arriving after Election Day. In 2020, only 0.05% of all returned absentee ballots were rejected as late. By contrast, in 2022 – after drop boxes were eliminated – 0.37% of all returned absentee ballots were rejected as late.
Drop boxes facilitate the ballot curing process. If a clerk receives a ballot in a drop box with a missing signature ahead of Election Day, they have time to potentially contact the voter and provide an opportunity to fix any errors.
In light of the unprecedented attacks on election officials, it is encouraging to see a court recognize the value of clerk expertise and prevent bad actors from chipping away at voting rights and access. PRP welcomes this important decision in support of democracy.
