League of Women Voters of Wisconsin v. Wisconsin Election Commission

Law Forward and Fair Elections Center, on behalf of League of Women Voters of Wisconsin and a Dane County voter, filed suit in Dane County Circuit Court to ensure that Wisconsin voters may still cast ballots on Election Day if their mailed absentee ballots will not arrive in time to be counted.

During the April 7, 2026 spring election, Wisconsin clerks and others reported irregularities and delays in mail delivery across the state at rates never seen by some of Wisconsin’s most experienced clerks. In Milwaukee, for example, 336 absentee ballots arrived the day after the election and were rejected. In Fond du Lac, more than 100 met the same fate.

As it stands, the Wisconsin Elections Commission (WEC) forbids voters from casting a provisional ballot in person on Election Day even if the voter’s mailed ballot appears to be delayed and unlikely to arrive on time. The lawsuit asks the court to find that Wisconsinites in this situation must be allowed to vote a provisional ballot to ensure that they can exercise their constitutional right to vote.

Provisional ballots are sealed, set aside, and would be counted only after officials have confirmed that the voter’s mailed ballot was not delivered on time.