Wisconsin Absentee Ballot Delay Challenge

A pro-voting lawsuit seeking to allow Wisconsin voters to cast in-person provisional ballots on election day if their mail-in ballot is delayed or lost in the mail.

Background

The League of Women Voters of Wisconsin and a voter filed a lawsuit in state court challenging the Wisconsin Elections Commission’s (WEC) narrow interpretation of state law prohibiting voters from casting in-person Election Day provisional ballots if their completed absentee ballot has not been delivered by the U.S. Postal Service by Election Day. Plaintiffs assert that the WEC interprets state law “narrowly” and is disenfranchising voters who cast absentee ballots, including those who mail them within the recommended seven to ten day window before Election Day. The lawsuit asks the court to allow these absentee voters the opportunity to vote provisionally on Election Day to ensure they are afforded their state constitutional right to vote.

Why It Matters

Approximately 218,000 Wisconsin voters submitted absentee ballots in the 2026 spring election. However, hundreds of voters were disenfranchised when USPS failed to deliver their ballots by 8 p.m. on election night. The WEC took notice of slower delivery times and in May 2026 sent a letter to USPS detailing “widespread” concerns by local election officials about delivery delays for mail-in ballots. Approximately 67 percent of local clerks in the state reported problems with late-arriving ballots, including 40 percent indicating the issue was “somewhat worse” or “much worse” than in previous elections.

Latest Updates

• July 23, 2026: Plaintiffs filed their complaint.