Wisconsin Absentee Ballot Cure Process Challenge

A pro-voting lawsuit seeking to establish uniform statewide standards for notifying and allowing voters to correct defects in mail-in ballots.

Background

The League of Women Voters of Wisconsin filed a lawsuit in state court against the Wisconsin Elections Commission (WEC), challenging the constitutionality of Wisconsin’s absentee ballot “cure” process. The complaint argues that state law violates the Wisconsin Constitution’s Due Process Clause because it gives municipal clerks discretion — but does not require them — to notify voters about defects in absentee ballots or provide voters an opportunity to correct those errors before their ballots are rejected. As a result, some Wisconsin voters are provided adequate notice and the opportunity to correct a defective mail-in ballot so that their vote is counted, while other similarly situated voters are not. The plaintiff asks the court to declare the law unconstitutional and order the WEC to implement uniform, mandatory statewide notice and cure procedures for absentee ballots.

Why It Matters

According to the complaint, Wisconsin is among a minority of states that do not require a mandatory notice and cure process for defective absentee ballots. The League argues that because absentee voting is widely used in Wisconsin, the lack of uniform statewide standards risks disenfranchising voters over technical mistakes.

Latest Updates

• May 12, 2026: Plaintiff filed its complaint.