Republicans who control the state Legislature appealed a court decision Wednesday to try to make sure absentee ballots aren’t counted if clerks receive them after election day.
The filing with the 7th Circuit Court of Appeals came two days after U.S. District Judge William Conley ruled absentee ballots should be counted if they are postmarked by Nov. 3 — election day — and received by clerks by Nov. 9.
Ordinarily, absentee ballots in Wisconsin are counted only if they are in clerks’ hands by election day. Conley provided the extension because of the coronavirus pandemic, a surge in mail voting and recent problems with delivering mail on time.
There is precedent for his decision. The U.S. Supreme Court in April allowed ballots to be counted that were postmarked by election day in the race for state Supreme Court.
The case is being watched closely because Wisconsin is a battleground in the race between Republican President Donald Trump and Democratic nominee Joe Biden. Trump won Wisconsin in 2016 by less than a percentage point.