by Jacob Derr, Editor
On December 7, 2012, the Election Law Program held its third war game scenario in Neenah, Wisconsin. The war game focused on potential overvoting and the rights of Wisconsin voters to override their spoiled votes in a hypothetical governor’s race.
Carey Kleinman voted absentee several weeks before the election for governor of the state of Wisconsin, but due to a confusing error in ballot design, she accidentally voted for two gubernatorial candidates. The Republican, Democrat, and Green Party candidates were each listed on their own line, and then three other third party candidates were listed in a box next to the lines. Many voters, like Ms. Kleinman, mistakenly voted for two of these candidates–one from the box, and one from the lines. Ms. Kleinman is joined by 247 other absentee voters who believe their ballot may be spoiled.
There are two statutes in the state which pertain to accidental overvoting. The first allows a voter on Election Day “who, by accident or mistake, spoils or erroneously prepares a ballot” to “receive another, by returning the defective ballot.” Wis. Stat. §6.80(2)(c). Their initial vote is destroyed, and the re-vote is counted. On the other hand, another statute disallows absentee voters who mail or deliver a ballot to the clerk from getting another ballot from the county clerk, and they may not vote a second on Election Day. Wis. Stat. §6.86(6). All of the counties except for Stone County, where the plaintiffs reside, chose to allow absentee voters to re-cast their vote under a reading of the first statute. [Read more…] about No Use Crying Over Spoilt Votes: A Report on the Election Law Program’s Wisconsin War Game