MILWAUKEE — The Wisconsin Elections Commission ruled that early absentee voters cannot re-vote, even if the candidate they voted for drops out of the race. The commission changed the rule on July 9, just weeks before the governor primary.
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Political attorney Mike Maistelman said he voted early for David Crowley. When Crowley suspended his campaign, Maistelman expected to re-vote — until he learned about the rule change.
"I'm like, oh, they just changed the rule, and I'm like, well, that's problematic," Maistelman said.
Crowley has since returned to the race, meaning Maistelman's vote still counts. But Maistelman said he is concerned about voters who cast early ballots for Sara Rodriguez before she dropped out and can no longer recast their ballots.
Watch: Rule change blocking absentee ballot re-votes raises concerns among Wisconsin voters ahead of August primary
"I'm sure that the Sarah supporters are pretty upset about not being able to do that because we've always been able to do that, and their votes should count," Maistelman said. "I mean, talk about disenfranchising people when the rules are one way, and in the middle of the game, you know, they change the rules. I mean, I don't think a court will uphold that."
Maistelman said he believes the rule change could face a legal challenge, citing a Supreme Court precedent.
"The Supreme Court said you can't change the rules regarding elections even before the election or before ballots go out, but you definitely can't do it in the middle of it," Maistelman said.
He is urging voters to watch for possible court action.
"It's not over till it's over, and I don't think it's over," Maistelman said.
Wisconsin voter Patty Lara said she had not heard about the rule change before being asked about it.
"Today was the first day or the first time that I've heard about this change. So, had I voted early, or if I was voting early, not knowing this, I would be upset if a candidate who I voted for dropped out," Lara said.
Lara said the uncertainty is part of why she votes in person on Election Day.
"That is why I choose to vote same day of election day and in person because these things change. We're not always aware," Lara said.
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