State of Wisconsin

Wisconsin Absentee Ballot Replacement Challenge

Bins v. Wisconsin Elections Commission

A pro-voting lawsuit challenging Wisconsin guidance that blocks absentee voters from casting a replacement ballot before Election Day.

Background

Wisconsin voters filed a lawsuit against the Wisconsin Elections Commission challenging guidance that prohibits voters from replacing an absentee ballot after it has been returned to a municipal clerk. The plaintiffs argue the guidance unlawfully prevents absentee voters from casting a new ballot before Election Day, including when a candidate drops out after they have already voted. The lawsuit asks the court to block the guidance and allow voters to “spoil” and replace previously returned absentee ballots before the election.

Why It Matters

This case could affect whether absentee voters can still cast a meaningful ballot when major developments happen before Election Day. The challenged guidance locks voters into their first absentee ballot even if their chosen candidate exits the race before votes are counted. The RNC’s effort to intervene reflects a broader push to defend restrictive absentee voting rules and limit flexibility for mail voters.

Latest Updates

  • Oct. 23, 2026: The court granted the defendant’s motion to dismiss.
  • Sept. 11, 2026: The defendants filed a motion to dismiss.
  • July 29, 2026: The court denied the plaintiffs’ emergency motion for a temporary restraining order.
  • July 28, 2026: The court held a hearing on plaintiffs’ emergency motion for a temporary restraining order.
  • July 27, 2026: The Republican National Committee moved to intervene in the case.
  • July 23, 2026: Plaintiffs filed their lawsuit.

Case Documents