Wisconsin GOP Advised Officials Not to Count Late-Arriving Ballots

Dispute over 23 absentee ballots could lead to legal challenge in high-stakes election season

Apr. 14, 2026 at 3:18pm

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A serene, photorealistic painting depicting a lone ballot box in a dimly lit urban setting, with warm sunlight casting dramatic shadows across the scene, conveying a sense of quiet contemplation and the weight of electoral decisions.As tensions over election procedures escalate, a dispute over late-arriving absentee ballots exposes the fragility of Wisconsin's electoral system.Madison Today

The Republican Party of Wisconsin advised local officials not to count 23 absentee ballots from last week's Supreme Court election that arrived at polling places after they had closed, a dispute that could set up a legal challenge. The Madison and Dane County Boards of Canvassers ultimately voted to count the ballots, despite GOP opposition, raising concerns about inconsistent outcomes across the state.

Why it matters

Disputes over how to interpret election laws and whether late-arriving ballots should be counted are hard to contain, especially in a high-stakes election season. Experts warn that leaving these decisions to individual counties risks inconsistent outcomes across Wisconsin, which could lead to legal challenges and undermine public trust in the electoral process.

The details

The ballots at issue arrived at the Madison city clerk's office on Monday, April 6. The absentee ballot courier carrying the ballots left a city facility at 6:30 p.m. on Tuesday, April 7, to deliver ballots to 17 different polling places, but the courier did not make it to the last few polling places until after the 8 p.m. deadline. Officials said these 23 ballots were correctly, legally cast and checked into the pollbooks, but the only problem was that it happened after polls formally closed.

  • On April 6, the 23 absentee ballots arrived at the Madison city clerk's office.
  • On April 7, the absentee ballot courier left the city facility at 6:30 p.m. to deliver ballots to 17 polling places, but did not make it to the last few before the 8 p.m. deadline.

The players

Nicholas Boerke

An outside attorney for the Wisconsin GOP who urged city and county officials not to count the late-arriving ballots.

Lydia McComas

The Madison City Clerk who said it was a critical error to put just one person in charge of delivering ballots to so many polling places across the city.

Scott McDonell

The Dane County Clerk who voted to count the late-arriving ballots, arguing that rejecting them would penalize voters for something outside their control.

Mike Willett

A Republican appointee on the Dane County Board of Canvassers who voted against counting the late-arriving ballots, saying the board had previously rejected such ballots and he didn't want to create exceptions.

Erik Paulson

The other Democrat on the Dane County Board of Canvassers who sided with McDonell to count the late-arriving ballots.

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What they’re saying

“We recognize this situation may have resulted from an unfortunate logistical failure. However, administrative error does not create statutory authority that otherwise does not exist.”

— Nicholas Boerke, Outside attorney for the Wisconsin GOP

“Voting absentee is a privilege granted by the Legislature that comes with inherent risks and the election day deadline for the receipt, processing, tabulation, and counting is mandatory.”

— Nicholas Boerke, Outside attorney for the Wisconsin GOP

“And I think that's very problematic.”

— Scott McDonell, Dane County Clerk

What’s next

It remains unclear whether the Wisconsin GOP will file a lawsuit challenging the decision to count the late-arriving ballots. The judge in any potential case will have to weigh the ambiguity in state election law against the principle of not penalizing voters for administrative errors.

The takeaway

This dispute highlights the ongoing challenges in interpreting and applying election laws, especially in high-stakes elections. The lack of clear, consistent standards across Wisconsin raises concerns about equal protection and due process, which could lead to further legal battles and undermine public trust in the electoral process.