Judge Ruled Against Ballot Rejections From Clerk Error
A Dane County judge declared that election officials cannot reject absentee ballots that were delayed by government mistakes.
Updated on Oct. 13, 2026 in Elections
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A Dane County judge issued a ruling stating that election officials in Wisconsin may not reject absentee ballots that were delayed due to administrative clerk errors. The decision follows a lawsuit regarding 23 ballots that were not delivered by the 8 p.m. deadline during the April election.
Why it matters
The ruling ensures that voters are not disenfranchised when they cast their ballots on time but fall victim to administrative failures by the local clerk's office. It establishes that rejecting these ballots constitutes an unconstitutional violation of the right to vote.
Judge Everett Mitchell determined that rejecting ballots due to clerk error is unconstitutional. The state law requires all ballots to arrive at polling locations before 8 p.m. on Election Day to be counted.
The players
Everett Mitchell
Everett Mitchell is the Dane County judge who issued the ruling prohibiting the rejection of ballots delayed by clerk error.
Wisconsin Elections Commission
The Wisconsin Elections Commission is the state agency responsible for implementing election procedures and notifying municipal and county clerks of legal standards.
The details
The lawsuit originated after the Madison City Clerk's office failed to deliver 23 timely absentee ballots to polling places by the mandated 8 p.m. deadline on April 7, 2026. The judge has ordered the Wisconsin Elections Commission to stop operating under the previous interpretation that required such ballots to be rejected and to notify all municipal clerks of this new standard.
Timeline
April 6, 2026: Ballots arrived at the Madison Clerk's office.
April 7, 2026: The affected election occurred.
May 6, 2026: Affected voters filed the lawsuit.
October 13, 2026: Judge Mitchell issued the ruling.
Political Context
The ruling challenges the strict enforcement of the Wisconsin state law requiring ballot delivery by 8 p.m. on Election Day. Republican lawmakers have historically argued for rigid adherence to these statutory deadlines to maintain election security and administrative consistency.
This ruling protects the validity of ballots for Wisconsin voters who participate on time but are impacted by administrative errors. It provides greater assurance that clerical mistakes will not void a citizen's vote in future elections.
The takeaway
This decision reinforces the principle that constitutional voting rights should supersede procedural errors made by government employees. Voters should continue to submit their absentee ballots well in advance of the 8 p.m. deadline to avoid any potential administrative delays.
What happens next
Voters will head to the polls on November 3 for the general election.
Further reading
For more information on state voting regulations, visit the Wisconsin Elections page.
Source note: This article includes information reported by Journal Sentinel.
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