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Milwaukee Probes 269 Late Absentee Ballots as Madison Flags 23 Counted After Deadline

The episode highlights tension between Wisconsin’s strict ballot deadline and canvassers’ limited discretion under case law.

Overview

  • The Milwaukee Election Commission reported a small trickle of absentee ballots on Election Day followed by 269 delivered the next morning in what officials called a highly unusual pattern.
  • State law requires absentee ballots to reach the polling place by 8 p.m. on Election Day, so the late arrivals are ineligible even though many had Election Day or earlier postmarks or no postmark.
  • The commission opened a joint review with the U.S. Postal Service, and director Paulina Gutierrez said some voters did everything right yet lost their vote because the mail arrived too late.
  • In Madison, poll workers counted 23 absentee ballots that reached four polling places after the 8 p.m. cutoff, the clerk notified the state, and the Dane County canvass will decide whether to include them.
  • Wisconsin courts have allowed canvassers to count certain late ballots under a substantial compliance standard, and central-count cities like Milwaukee and Wauwatosa have used that process, while precinct-count cities like Madison face stricter delivery-to-poll rules.