The League of Women Voters of Wisconsin filed a lawsuit Thursday against Wisconsin Elections Commission guidance that bars people who request an absentee ballot from casting an in-person ballot if the mail ballot will not arrive by the time polls close on Election Day. 

The lawsuit was filed as officials in Wisconsin, and the commission itself, have warned voters about potential delays in the mail system ahead of this year’s August and November elections. 

But commission guidance states that once voters mail their absentee ballots back to the clerk, they cannot be issued new ballots at the polls on Election Day. This means that if voters realize their ballots will not arrive in time after early in-person voting closes the Sunday before an election, they will not be able to vote. 

“Once a voter has placed their ballot in the mail, it is considered mailed,” the WEC guidance states. “They cannot be issued a new ballot at the polling place on Election Day, even if their absentee ballot will not be returned to the clerk’s office in time to be counted.”

The lawsuit seeks to allow voters who believe their ballots will not arrive to the clerk in time to go in person to cast a provisional ballot that would be set aside and only be counted if the initial ballot does not arrive by the deadline. 

Hundreds of voters did not have their votes counted during the state’s April elections because their ballots did not arrive in time. A WEC survey of clerks following the April election reported that hundreds of the state’s election officials believed delays in the mail had caused problems in the spring election. 

“Every voter in Wisconsin that puts an accurately requested absentee ballot in the mail on time expects their vote will be counted. Delays in mail delivery prevent that. It is time to have a remedy for these eligible voters,” Debra Cronmiller, executive director of the League of Women Voters of Wisconsin, said. 

The League is represented in the lawsuit by Law Forward and the Fair Elections Center. The lawsuit argues that the commission understands the problem but is not taking advantage of an obvious solution to the potential mail delays. 

“The right to vote protects Wisconsinites from baseless disenfranchisement on Election Day. But WEC wants to turn these voters away. That’s just wrong,” Law Forward attorney Scott Thompson said. “We shouldn’t punish Wisconsin voters just because the mail is late. They must have the opportunity to vote on Election Day.”