Priorities USA v. Wisconsin Elections Commissions (SCoWI)

On behalf of a coalition of 10 Wisconsin county and municipal election officials, Public Rights Project filed an amicus brief in April 2024 urging the Wisconsin Supreme Court to reinstate ballot drop boxes, essential to effectively administering the 2024 presidential election, after banning them in 2022. 

Sixty-six of Wisconsin’s 72 counties, or 91%, used drop boxes in 2020 — as did 39 states — without significant issues. Absentee ballot usage skyrocketed during the pandemic with 40% of these voters using drop boxes. Since then, drop boxes have been a target of lawsuits and unsubstantiated claims about voter fraud.

In 2022, the Wisconsin Supreme Court prohibited unstaffed drop boxes, holding that absentee voters could only return their ballots via the mail or by submitting their ballots directly to their municipal clerk or the clerk’s staff. The brief outlines three key reasons why ballot drop boxes benefit both voters and election clerks: drop boxes are secure, drop boxes are convenient for voters and local elections officials, and drop boxes ensure ballots are counted.

Update:
In July 2024, the Wisconsin Supreme Court reinstated the use of ballot drop boxes, stating that election officials had the authority to decide whether to use them in their communities.