The only ballot drop box in Wausau, Wisconsin, was removed by the city’s mayor, who was seen wearing a hard hat and gloves while using a dolly to transport the box back inside City Hall. The drop box had been placed outside for residents to submit their absentee ballots.
The legality of the mayor’s action is now under investigation. Since the 2020 presidential election, state law regarding ballot boxes in Wisconsin has fluctuated. They were legal during the pandemic, but a conservative-majority state Supreme Court ruled them unlawful in 2022. However, this past summer, the court reversed that decision, establishing a liberal majority and allowing municipalities to decide whether to use ballot boxes.
Following this ruling, the Wisconsin Elections Commission updated its guidance, stating that the use of drop boxes is at the discretion of municipal clerks. The commission’s website notes, “The use of drop boxes is not mandatory and is at the discretion of the municipal clerk. The decision permits all municipal clerks to choose to use secure absentee ballot drop boxes in their jurisdiction if they wish, starting immediately.”
In Wausau, the drop box was placed outside City Hall as 4,000 absentee ballots were mailed out last week. The mayor moved the box, intending for the city council to vote on its future.
Doug Diny, the mayor elected in April, stated, “I’m a member of staff. There’s nothing nefarious going on here. I want it to be done properly and with the proper input and consent of citizens. I was hired to tighten things up at City Hall. This action is consistent with my overall position and what I heard from residents when I was knocking on doors.”
City Council President Lisa Rasmussen disagreed, expressing “huge concerns” about the mayor’s actions.
“There is no place for elected officials to manage, alter, or tamper with drop boxes, whether they agree with their use or not,” Rasmussen said.
Currently, the drop box remains inside City Hall. The state Elections Commission confirmed it was locked and contained no ballots when the mayor removed it. The city was waiting for a crew to secure it to the ground before its removal.
In Wisconsin, it is a felony to impede or prevent the free exercise of the franchise at an election. It remains unclear whether the mayor could face charges related to this incident.
This story will continue to be followed as developments arise.
