On March 31 and August 19, 2020, WEC issued memoranda that discussed issues related to the mailing or delivery of absentee ballots to municipal clerks and the use of drop boxes by municipal clerks for delivery of absentee ballots.
On January 20, 2022, the Waukesha County Circuit Court issued an Order requiring WEC to withdraw those two memoranda, and to issue a statement notifying clerks that WEC’s interpretation of Wis. Stat. §§ 6.87 and 6.855 in those two memoranda has been declared invalid by that Court, as described in the Court’s Order. The Court also prohibited WEC from issuing any further interpretations that conflict with Wis. Stat. §§ 6.87 and 6.855 as described in the Court’s Order.
The Waukesha County Circuit Court’s Order was subsequently stayed by the Wisconsin Court of Appeals through February 15, 2022. That stay expires, however, on February 16, at which time the Circuit Court Order goes into effect.
Accordingly, pursuant to the Circuit Court Order of January 20, 2022, this communication is hereby issued to give notice that the WEC memoranda of March 31 and August 19, 2020, have been withdrawn, and that WEC’s interpretation of Wis. Stat. §§ 6.87 and 6.855 in those memoranda has been declared invalid by that Court, as described in the Court’s Order, a copy of which is attached to this notice. Any other previous guidance by WEC on the topics discussed in the two withdrawn memoranda should also be disregarded, to the extent that it is inconsistent with the attached Order.
A copy of the Order is attached to this notice. Please review this notice and the attached Order with your municipal attorney to determine if any changes to your ballot collection procedures are required.
Please contact the WEC Help Desk at @email or by phone at (608)261-2028 with any questions you may have. Thank you for your prompt attention to this matter.