On October 7, 2022, the Honorable Judge Brad D. Schimel of the Waukesha County Circuit Court issued an
order for a Temporary Injunction in Kormanik v. Wisconsin Elections Commission concerning information
about spoiling absentee ballots or returning absentee ballots to electors. The Temporary Injunction is attached to
this memorandum. This order was stayed by the Court of Appeals until it made a decision to lift the stay on
October 27, 2022, and the order will now go into effect starting at 3 p.m. on October 28, 2022.
The order enjoins and prohibits the Commission from “advising, guiding, instructing, publishing, or otherwise
communicating information related to spoiling absentee ballots and/or returning absentee ballots to electors that
contravenes Wis. Stat. §§ 6.84, 6.86(1)(ar), 6.86(5) and 6.86(6), except as otherwise provided in Wis. Stat. §
6.87(9).”
Specifically, the order enjoins and prohibits the Commission from “publicly displaying, applying, or
disseminating” its August 1, 2022, memorandum called Spoiling Absentee Guidance for the 2022 Partisan
Primary, an accompanying August 2, 2022, press release called Rules about ‘Spoiling’ Your Ballot, and “any
other publication that communicates information contrary to Wis. Stat. §§ 6.86(5) and 6.86(6).” Further, the
Commission is prohibited from disseminating or publishing any information stating 1. “that a municipal clerk or
local election official may return a previously completed and submitted absentee ballot to an elector, except as
otherwise provided in Wis. Stat. § 6.87(9)” or 2. “that a municipal clerk or local election official is authorized to
spoil an absentee ballot on behalf of an elector.” The Commission may not otherwise provide or publicly
display information contrary to Wis. Stat. §§ 6.86(5) and 6.86(6), except as provided in Wis. Stat. § 6.87(9).
Pursuant to the temporary injunction of October 7, 2022, this communication gives notice that the August 1,
2022, memo and the August 2, 2022, press release have been withdrawn by the Commission, subject to further
appeals and a final determination.
Please review this notice and the attached Temporary Injunction with your municipal attorney to determine if
any changes to your procedures are required. Please contact the WEC Help Desk at @email or by
phone at (608) 261-2028 if you have any questions. Thank you for your prompt attention to this matter.