Kleefisch's Challenge To Absentee Ballot Boxes Denied By WI Supreme Court

WISCONSIN — The Wisconsin Supreme Court turned down former Republican Lt. Gov. Rebecca Kleefisch's challenge on Friday to the Wisconsin Elections Commission after a Waukesha judge's order to restrict absentee ballot boxes was stayed on appeal.

Kleefisch, who is running for governor of Wisconsin, accused the Wisconsin Elections Commission of breaking state law with its guidance for absentee ballot boxes. She had hoped to bypass lower courts and take her case directly to the state's highest court.

Justice Patience Roggensack dissented from the state's three liberal justices, who were joined by conservative Justice Brian Hagedorn in declining to hear Kleefisch's case.

"Because Wisconsin voters deserve elections conducted in a manner that we have reviewed and approved, I would grant Kleefisch's petition to commence an original action," Roggensack said in a statement. "Because the majority sidesteps its obligation to hear the continuing cry of Wisconsin voters and address absentee ballot issues, I respectfully dissent."

Roggensack wrote that other groups have made similar requests. The conservative law firm Wisconsin Institute of Law and Liberty recently brought a similar lawsuit to the state Supreme Court.

Chief Justice Annette Ziegler and Justice Rebecca Bradley joined Roggensack in her dissent, court documents showed.

Kleefisch said she would continue to pursue her challenge to the state election commission.

"It is a truly sad day when our state’s highest court refuses to uphold the law," Kleefisch said in a statement. "I am committed to ensuring the integrity of our elections and making sure our laws are followed because clearly no one else will. To be continued."

Last month, a Waukesha judge ordered absentee ballot boxes to be restricted, over the guidance of the Wisconsin Elections Commission. An appeals court stayed that order on Jan. 25, allowing ballot boxes to be used again for the Feb. 15 primary election.

Groups like the League of Women Voters of Wisconsin and Disability Rights Wisconsin said that changing absentee drop box laws would create confusion and disenfranchise some voters, like those with disabilities.

See Also: Voting Drop Boxes Brought Back For WI's February Primary