MADISON – Following Administrator Wolfe’s media availability on Thursday, July 14, the WEC provided clarification regarding Administrator Wolfe’s comments in response to a reporter’s question about whether someone may return an absentee ballot by mail on an elector’s behalf.
Administrator Wolfe’s comments should not be interpreted as a policy statement or statutory interpretation, but rather a direct reference to state statutes on this topic.
The statute, Wis. Stat. § 6.87(4)(b)1, states that the absentee ballot envelope “shall be mailed by the elector, or delivered in person, to the municipal clerk issuing the ballot or ballots.”
For further information on this topic, please see the Wisconsin Supreme Court’s recent ruling in Richard Teigen v. WEC.
The court’s majority opinion stated, “We therefore do not decide at this time whether the law permits a voter's agent to place an absentee ballot in the mail on the voter's behalf.”
As Administrator Wolfe said during the media availability, municipal clerks are responsible for considering applicable law in administering the absentee by mail process in their communities.