SCOTUS Blocks Wisconsin Deadline Extension for Absentee Ballots

image
Jeff PowersJeff Powers
Published: 07 Apr, 2020
2 min read

The US Supreme Court blocked an attempt to delay voting in Wisconsin's presidential primary over the coronavirus pandemic.

The 5-4 vote reversed an order that would have extended the absentee ballot deadline for voting in the Wisconsin.

Wisconsin Governor Tony Evers signed an executive order suspending in-person voting Monday after failing to convince the Wisconsin state legislature to postpone elections until May.

The Supreme Court was considering a case brought before Evers issued his executive order.

SCOTUS' decision was focused on whether to keep in place an order that extended the deadline for absentee ballots to be postmarked.

Federal Judge Had Extended Absentee Ballot Deadline

Last week, U.S. District Judge William Conley ordered the state to extend two key absentee ballot deadlines in an effort to mitigate a drop in voter turnout. Conley ruled, "Voters will have an extra day — until 5 p.m. Friday — to request absentee ballots, and, more significantly, Conley ordered election officials to count absentee ballots received by 4 p.m. on April 13, nearly a week after the original deadline of 8 p.m. on election night. Ballots do not have to be postmarked by any particular time."

SCOTUS reasoned that extending the date by which voters could mail absentee ballots “fundamentally alters the nature of the election.”

Political Fallout

Democrats and voting rights groups had gone to court to push for an extended deadline, warning that coronavirus fears could keep voters from the polls.

“The ‘electoral status quo’ already has been upended ― not by any judicial order, but by the COVID-19 pandemic and the ‘voter confusion and electoral chaos’ it is causing,” wrote Marc Elias, an attorney for the Democrats, in a brief submitted to the court.

SCOTUS' order put a heavy emphasis on the fact that the date for the ballots to be postmarked — not just received by elections officials — had been extended. And it was that remedy, the court ruled, that went beyond what Democrats had even sought.

IVP Donate

Justice Ruth Bader Ginsburg called the majority’s decision “ill advised” in a dissent joined by Justices Sonia Sotomayor, Stephen Breyer and Elena Kagan. “While I do not doubt the good faith of my colleagues, the Court’s order, I fear, will result in massive disenfranchisement,” Ginsburg wrote. “A voter cannot deliver for postmarking a ballot she has not received. Yet tens of thousands of voters who timely requested ballots are unlikely to receive them by April 7, the Court’s postmark deadline.”

Groups like Moveon.org took to twitter slamming the decision by SCOTUS:

Vote Will Go On

Voters in the state of Wisconsin will go to the polls Tuesday. The state of Wisconsin remains under a shelter-in-place order, and federal officials have urged Americans not to gather in groups of 10 or more until the end of April.

You Might Also Like

National Reform Organizations Condemn Texas and California Over Gerrymandering
National Reform Organizations Condemn Texas and California Over Gerrymandering
The United States has passed the point of no return in the unprecedented mid-cycle redistricting fight between Texas and California, which threatens to expand to other states like Republican-controlled Florida and Democratic-controlled New York....
25 Aug, 2025
-
6 min read
Gerrymandering Wars Escalate Beyond Texas and California: A National Race to the Bottom?
Gerrymandering Wars Escalate Beyond Texas and California: A National Race to the Bottom?
Republicans currently hold a narrow 219 to 212 edge over Democrats in the U.S. House of Representatives, with four vacancies: three from Democratic members who have died and one from a Republican who has resigned. This is the smallest House majority held by either party in nearly a century. The razor-thin margin means the stakes in the 2026 midterms could not be higher. With so few competitive seats left nationwide, both parties are turning to mid-decade redistricting as a way to secure advantages....
27 Aug, 2025
-
10 min read
Hand in ballot that says independent on it.
Why 1.2 Million California Independents Are The Biggest Wild Card in American Politics Today
The fate of Proposition 50, California’s proposed redistricting measure, may come down to voters who have declined to join one of the two major political parties....
22 Aug, 2025
-
5 min read