Even though there was no law on the books, the unelected Wisconsin Elections Commission (WEC) allowed unregulated and unmonitored drop boxes in the middle of the 2020 electi0n.
I'm grateful that this ruling finally brings clarity and security to our electoral process. Our statutes were already obvious that voters could only mail their ballot or vote in person.
While this ruling is a victory for the rule of law, the state's highest court has been inconsistent with its rulings. That's why I authored legislation this session to create a safe and secure way to use drop boxes. Ultimately, my bill did not pass the Legislature this session.
The ruling also showed the need to reform WEC. I authored Senate Bill 943 to make WEC more accountable by requiring weekly reports to the Joint Committee on Administrative Rules (JCRAR) of guidance given to clerks. JCRAR will be able to review that guidance and decide whether or not it must be promulgated as a rule and go through the already established rule-making process.
The bill also states that any guidance documents sent to clerks must contain a disclaimer that includes the definition of a “guidance document” and that the guidance documents, unlike administrative rules, do not have the force of law.
I hoped that my bill would help restore confidence in our electoral process and provide better oversight of WEC while promoting transparency in their decisions. Unfortunately, the governor vetoed it. I will continue to fight for this important reform.