Wisconsin Elections Commission issues new guidance after Supreme Court brings back drop boxes

New guidance on how local clerks should secure and maintain absentee ballot drop boxes has been approved by the Wisconsin Elections Commission. The 6-0 vote comes days after Republican National Committee Chair Michael Whatley said the party doesn’t want “ballots going into drop boxes.” 

Drop boxes are back in Wisconsin because the Wisconsin Supreme Court’s liberal majority reversed a near-total ban on the receptacles July 5. It was a reversal of the court’s previous conservative majority’s order in 2022, which said unsupervised ballot drop boxes outside a clerk’s office were illegal. 

Following the conservative majority’s ruling two years ago, former President Donald Trump falsely claimed the results of the 2020 election were also illegal. Trump lost Wisconsin to former Vice President Joe Biden by around 21,000 votes.

What the WEC drop box guidance says

The new drop box guidance from the Elections Commission is essentially a list of best practice suggestions for clerks — who have the final say on whether to use them or not. A draft copy suggests that drop boxes should be permanently affixed to the ground or side of a building, should be located in a well-lit area and have an opening small enough to accept absentee ballots and keep larger objects out. 

The commission’s six Democratic and Republican appointees made minor changes to the draft guidance during their meeting. Those include recommendations for emptying the receptacles often, recording when ballots are removed and reporting any signs of damage to the box itself. A WEC spokesperson told WPR the final guidance should be published within 48 hours.

Dane County Clerk Scott McDonell told WPR clerks already know drop boxes are secure, especially those in larger communities that are monitored 24 hours a day outside of police or fire stations.

“They have cameras on them,” McDonell said. “My mailbox near my house doesn’t have a camera on it. It’s handled by more people who are not, you know, election officials.”

He said larger communities that already have the boxes in place can simply unlock them and remove any signs telling voters not to use them. 

“It’s easy for them to sort of flip the switch on it,” McDonell said.

He said because mail service “is not as fast as it used to be” drop boxes are a better choice for absentee voters who cast their ballots in the last couple days before an election.

Top Republican official: ‘We don’t want those ballots going into drop boxes’

While the court’s decision to reinstate absentee ballot drop boxes was hailed by voting access groups and Democrats, it hasn’t been welcomed by Republican party officials.

On Thursday, Republican Party of Wisconsin Chair Brian Schimming called it “the wrong decision.”

“I think the dropbox decision by the Supreme Court was a political one, and frankly, interfering in the Legislature’s prerogative on how to set election laws and campaign laws in this state,” Schimming said.

During a “protect the vote” rally in Waukesha on Tuesday organized by the Republican National Committee, speakers were critical of the reversal. 

RNC Chair Whatley told the crowd that in states like Wisconsin, which allow mail-in absentee ballots, state laws need to be enforced.

“We don’t want those ballots going into drop boxes. We want them going into mailboxes, and we want them in by Election Day,” Whatley said. 

Speaking with reporters after the rally, Whatley was asked whether the RNC plans to sue about the Wisconsin court’s drop box decision.

“You know, we’re still digesting that right now and trying to figure out next steps on it,” Whatley said. “Obviously, we’re very concerned. We’re disappointed that the Democrats went absolutely to the wall to try and dismantle election protections that we have here on the ground in Wisconsin.” 

On Monday, the RNC released its 2024 party platform, which commits to securing elections with “same day voting, voter identifications, paper ballots, and proof of citizenship.” 

Whatley called the platform “aspirational.”

“What we want to do right now for this election cycle is work within the laws in all 50 states and make sure that we deliver a resounding vote for President Trump,” Whatley said.