U.S. Supreme Court sides with GOP on Wisconsin election, apparently rewrites state election law


Wisconsin's local elections and presidential primaries will likely proceed on Tuesday after the conservative majority on the Wisconsin Supreme Court struck down an executive order Monday from Gov. Tony Evers (D) to delay the election to June 9 due to the coronavirus outbreak. There are open questions about how many polling places will be open and how many people will be able to vote by absentee ballot. The U.S. Supreme Court ruled 5-4 on Monday night that Wisconsin voters must hand-deliver their absentee ballots by Tuesday evening or have them postmarked April 7, overruling a lower court that had extended absentee voting for six days.
The U.S. Supreme Court, like the state court, split along ideological lines, siding with the state and national Republican Party. In the dissent for the four liberals on the court, Justice Ruth Bader Ginsberg warned of "massive disenfranchisement" due to the conservative majority's "eleventh hour" intervention "to prevent voters who have timely requested absentee ballots from casting their votes." As of Monday, only 57 percent of the 1.3 million requested absentee ballots had been returned, The Associated Press reports, and "it’s unclear how many of the outstanding 539,000 ballots will be in voters' hands by Tuesday to meet the April 7 postmark deadline."
The court conservatives said Ginsberg's "entirely misplaced" dissent "completely overlooks" that the court is allowing the absentee ballots to be received by April 13, so long as they are postmarked April 7. But that changes Wisconsin election law, says Matthew DeFour, state politics editor for the Wisconsin State Journal.
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.

Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
The state Supreme Court — one of whose 5 conservative members recused himself because he's on Tuesday's ballot — said Evers lacked the authority to change the election date. Evers had called the GOP-controlled legislature into special session over the weekend to shift the date or switch to all-mail-in-ballots, like Ohio did, but the Republican leaders gaveled in and out of season without taking any action, NPR News reports. Thousands of poll workers have refused to participate in the election over COVID-19 fears; heavily Democratic Milwaukee, for example, will have just five polling sites, not its planned 180. The National Guard has been asked to help.
Sign up for Today's Best Articles in your inbox
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
Peter has worked as a news and culture writer and editor at The Week since the site's launch in 2008. He covers politics, world affairs, religion and cultural currents. His journalism career began as a copy editor at a financial newswire and has included editorial positions at The New York Times Magazine, Facts on File, and Oregon State University.
-
America's academic brain drain has begun
IN THE SPOTLIGHT As the Trump administration targets universities and teachers, educators are eying greener academic pastures elsewhere — and other nations are starting to take notice
By Rafi Schwartz, The Week US Published
-
Why is Musk targeting a Wisconsin Supreme Court race?
Today's Big Question His money could help conservatives, but it could also produce a Democratic backlash
By Joel Mathis, The Week US Published
-
How to pay off student loans
The explainer Don't just settle for the default repayment plan
By Becca Stanek, The Week US Published
-
Supreme Court upholds 'ghost gun' restrictions
Speed Read Ghost guns can be regulated like other firearms
By Rafi Schwartz, The Week US Published
-
Trump sets 25% tariffs on auto imports
Speed Read The White House says the move will increase domestic manufacturing. But the steep import taxes could also harm the US auto industry.
By Peter Weber, The Week US Published
-
Trump allies urge White House to admit chat blunder
Speed Read Even pro-Trump figures are criticizing The White House's handling of the Signal scandal
By Peter Weber, The Week US Published
-
Waltz takes blame for texts amid calls for Hegseth ouster
Speed Read Democrats are calling for Defense Secretary Pete Hegseth and national security adviser Michael Waltz to step down
By Peter Weber, The Week US Published
-
Judge: Nazis treated better than Trump deportees
speed read U.S. District Judge James Boasberg reaffirmed his order barring President Donald Trump from deporting alleged Venezuelan gang members
By Peter Weber, The Week US Published
-
US officials share war plans with journalist in group chat
Speed Read Atlantic editor Jeffrey Goldberg was accidentally added to a Signal conversation about striking Yemen
By Rafi Schwartz, The Week US Published
-
Canada's Mark Carney calls snap election
speed read Voters will go to the polls on April 28 to pick a new government
By Peter Weber, The Week US Published
-
Musk set to earn billions from Trump administration
Speed Read Musk's company SpaceX will receive billions in federal government contracts in the coming years
By Peter Weber, The Week US Published