The News: The Wisconsin Institute for Law & Liberty (WILL) has filed a nonparty brief in Bins v. Wisconsin Election Commission (WEC), a lawsuit that is seeking to overturn WEC guidance barring absentee voters from changing their vote after submitting their ballots. That guidance, which merely restates state law, was adopted on July 10.
While the lawsuit follows Sara Rodriguez’s departure from the Democrat Primary for Governor, WILL’s legal effort has everything to do with protecting the letter of the law and illustrating the dangers in haphazardly allowing potentially tens of thousands of Wisconsinites to re-vote within days of the August 11 primary.
The Quote: WILL Associate Counsel Nathalie Burmeister stated, “The Plaintiffs seek an unlawful ‘do-over’ of potentially tens of thousands of mail-in absentee votes, just days before a statewide election. The lawsuit not only flies in the face of the letter of the law but would jeopardize election security. It would be an unlawful, logistical nightmare to have clerks retrieve already-submitted ballots and allow for a revote. Furthermore, the practice would cast serious doubts on the integrity of our elections.”
Our Concerns: Current law permits voters to cast a second ballot only when the first one has been spoiled or damaged. It does not permit you to “change your mind.”
All three Plaintiffs allege that they voted for Sara Rodriguez, who then dropped out of the gubernatorial race but, if successful, the claim would not be limited to those facts. It would allow all absentee voters to withdraw their ballot and revote at any time up through election day. The question affects an approximate (and growing) total of 91,000 Wisconsin electors who have already voted (and continue to vote) via absentee ballot in this primary election. The remedy the Plaintiffs propose in this case presents a significant problem for clerks, depending on the number of those voters who wish to get a “do over” and support a different candidate. It also presents substantial election integrity concerns.
What We Are Doing About It: Given the expedited review process the Court is being asked to undertake, WILL filed a nonparty brief with the Court. WILL’s nonparty brief adds additional context and provides additional information that will benefit the Court as it considers, and hopefully denies, the Plaintiffs’ request for immediate temporary relief in the case. WILL explains what the statute means, why these claims fail as a matter of law, and why the relief sought is untenable for election officials in Wisconsin.
A hearing will be held on Tuesday, July 28.
Non Party Brief, July 2026
Nathalie Burmeister
Associate Counsel