>> WE START TONIGHT WITH THE QUESTION OF WHETHER THE
WIDESPREAD USE OF ABSENTEE BALLOT DROP BOXES WILL BE COMING
BACK FOR THE NOVEMBER ELECTION. >> THIS WEEK, WISCONSIN'S
LIBERAL MAJORITY SUPREME COURT DECIDED TO CONSIDER AN APPEAL TO
THE COURT'S RULING OF LESS THAN TWO YEARS AGO THAT THE DROP
BOXES OR ILLEGAL AND THAT BALLOTS MUST BE PERSONALLY
DELIERED TO THE MUNICIPAL CLERK.
THE COURT'S CONSERVATIVE DISSENT HARSHLY CONDEMNED THE NEW ORDER
CALLING IT, QUOTE, ANOTHER SHAMELESS EFFORT BY THE MAJORITY
TO READJUST THE BALANCE OF POLITICAL POWER IN WISCONSIN.
-APPROVED BY THE STATE ELECTIONS COMMISSION FOR USE IN 2020
DURING THE COVID PANDEMIC, MORE THAN 500 ABSENTEE BALLOT DROP
BOXES ACROSS WISCONSIN ALLOWED CONTACTLESS VOTING, BUT WHEN
DONALD TRUMP LOST THE ELECTION, HIS BLAME INCLUDED THE BOXES,
CASTING DOUBT ON THE RESULTS. IN 2022, THE THEN-CONSERVATIVE
MAJORITY WISCONSIN HIGH COURT RULED THEY WERE ILLEGAL FOR
FUTURE ELECTIONS. FAST FORWARD TO TODAY AND
THEY'RE UP FOR CONSIDERATION AGAIN.
HERE AND NOW SENIOR POLITICAL REPORTER ZAC SCHULTZ IS HERE
WITH MORE. HI, ZAC.
>> HELLO, FRED. >> SO HOW UNUSUAL IS IT FOR A
COURT TO REACH BACK TO DECIDED LAW AND CONSIDER AN APPEAL?
>> WELL, IT DOESN'T HAPPEN VERY OFTEN, BUT THERE ARE SOME HIGH
PROFILE EXAMPLES. ON A NATIONAL SCALE, DOBBS
OVERTURNING ROE VERSUS WADE JUST A COUPLE OF YEARS AGO IS
OBVIOUSLY A PRETTY BIG ONE THAT HAS POLITICAL RAMIFICATIONS, BUT
THERE'S ACTUALLY PRECEDENT HERE IN WISCONSIN.
BACK IN 2016, THE CONSERVATIVE SUPREME COURT RULED THAT THE
LEGISLATURE HAD OVERSIGHT OVER THE DEPARTMENT OF PUBLIC
INSTRUCTION IN THE STATE SUPERINTENDENT.
HAVE OVERSIGHT. FLASH FORWARD JUST A COUPLE OF
YEARS LATER AND THE MAKEUP CHANGED WE KNOW JUSTICE KELLY
JOINED THE COURT, SO THEY OVERTURNED AN EXAMPLE.
WHEN I ASKED HIM WHY, HE SAID THAT WAS BECAUSE THAT ORIGINAL
DECISION WAS FRACTURED, IT WASN'T A SOLID MAJORITY THAT
MADE IT UP. IT WAS CONCURRING OPINIONS.
AND THE REASON THAT'S IMPORTANT IN THIS EXAMPLE, FREDERICA, IS
BECAUSE THE TEAGUEN DECISION FROM JULY 2022 WAS ALSO A VERY
FRACTURED MAJORITY OPINION. IN THAT CASE, JUSTICE BRIAN
HAGEDORN JOINED THE MAJORITY FOR ONLY ABOUT HALF OF THE ACTUAL
MAJORITY OPINION. HE CONCURRED WITH ONLY 30 OF 87
PARAGRAPHS IN THE ENTIRE DECISION.
E CONCURRENCES AND SO THE ONLY THING THAT
STANDS OUT OF THAT ORIGINAL DECISION IS THAT DROP BOXES ARE
NOT VALID IN STATE LAW BECAUSE THEY ARE NOT ALLOWED, BUT
THEY'RE ALSO NOT NOT ALLOWED, AND THAT'S WHAT THIS DECISION IS
GOING TO TAKE A LOOK AT AGAIN. >> SO I CAN SEE HOW THIS IS RIPE
FOR THAT APPEAL, BUT THE CONSERVATIVE DISSENT TO THIS
ORDER SAYS THAT BY GRANTING IT, QUOTE, THE MAJORITY AIMS TO
INCREASE THE ELECTORAL PROCESS EXPECTS OF ITS PREFERRED
POLITICAL PARTY. IS IT PROVEN THAT BALLOT DROP
BOXES HELPED DEMOCRATS? >> WELL, CERTAINLY IN 2020, MORE
DEMOCRATS TOOK ADVANTAGE OF DROP BOXES AND ABSENTEE VOTING THAN
REPUBLICANS DID. HISTORICALLY, THAT'S NOT ALWAYS
THE CASE. DIFFERENT STATES VOTE LARGELY BY
MAIL. OTED
ABSENTEE IN FLORIDA IN PRIOR PRESIDENTIAL ELECTIONS, BUT IT
WAS TRUMP WHO MADE THE CASE AGAINST ABSENTEE VOTING IN 2020
AND THE LEAD-UP TO THAT ELECTION THAT CONVINCED A LOT OF
REPUBLICANS NOT TO TRUST THAT PROCESS AND THEN IT WAS TRUMP
AFTER THE ELECTION THAT MADE IT PART OF HIS CONSPIRACY THEORIES
ABOUT FRAUD IN THE ELECTORATE THAT TURNED REPUBLICANS AGAINST
IT. BUT IMPORTANTLY, REPUBLICANS,
INCLUDING THE REPUBLICAN PARTY OF WISCONSIN, IS TRYING TO SHIFT
BACK TO ABSENTEE BALLOTING FOR THIS ELECTION.
THEY'VE MADE A BIG PART OF THEIR PLATFORM BECAUSE THEY UNDERSTAND
IT'S EXTREMELY IMPORTANT IN TRYING TO WIN ELECTION.
>> SO AS THE CONSERVATIVE MINORITY ON THE WISCONSIN'S HIGH
COURT THINKS THAT IT'S A POLITICAL KIND OF DECISION ON
THE PART OF THE LIBERAL MAJORITY.
WOULDN'T OUTLAWING THESE BOXES MEAN THE FORMER CONSERVATIVE
MAJORITY WAS AIMING TO INCREASE THE ELECTORAL PROSPECTS OF ITS
PREFERRED POLITICAL PARTY? >> WELL, CERTAINLY, THE DECISION
FELL IN LINE WITH WHAT THE STANDARD BEARER, AT THAT TIME,
FORM PRESIDENT TRUMP WANTED, AND WHAT THE MAGA OPINION THROUGHOUT
MOST OF THE CUB WAS, IS THAT DROP BOXES ARE RIPE FOR FRAUD.
THAT CERTAINLY HASN'T BEEN PROVEN IN MOST CASES.
IT CERTAINLY WASN'T PROVEN IN WISCONSIN.
THAT PLACES IN RURAL WISCONSIN WOULD BENEFIT
JUST AS MUCH FROM DROP BOXES BECAUSE CLERKS AREN'T ALWAYS
PRESENTLY FOR SOMEONE TO COME IN AND VOTE ABSENTEE IN PERSON
EARLY AND THEN DROP BOX WOULD BE A NICE EASY WAY FOR SOMEONE TO
DROP OFF A BALLOT. RURAL WISCONSIN BEING SLIGHTLY
MORE CONSERVATIVE THAN URBAN WISCONSIN.
>> RIGHT. WHAT ABOUT THE ISSUE OF SOWING
CHAOS IN NOVEMBER FOR ELECTION OFFICIALS HAVING TO GIVE
GUIDANCE TO CLERKS? HOW LIKELY IS IT THAT THIS WOULD
CONTINUE TO BE LITIGATED? >> WELL, IT'S UNLIKELY IN THE
SENSE THAT THE SUPREME COURT IS FAST-TRACKING THIS.
THEY WANT ORAL ARGUMENTS BY MAY, LIKELY A DECISION BY JUNE, SO
THERE WILL BE PLENTY OF TIME BEFORE WE GET TO THE AUGUST
PRIMARY BEFORE A DECISION WOULD HAVE TO COME UP IN THAT CASE SO
A DECISION WOULD BE IN PLACE. IT'S UNLIKELY IT COULD BE
APPEALED TO THE UNITED STATES SUPREME COURT SO THAT DECISION
WOULD BE FINAL, BUT THERE'S ALWAYS LAWSUITS IN THE LAST
COUPLE OF MONTHS BEFORE AN ELECTION.
>> HOW SURPRISING IS IT THAT IT'S FAST-TRACKED IN THIS WAY?
I MEAN, I GET IT THAT THEY'RE UP AGAINST THE NOVEMBER ELECTION,
BUT THIS SUPREME COURT SEEMS TO BE MAKING SOME MOVES DIFFERENTLY
THAN THE LAST COURT. >> THAT'S RIGHT.
WITH THE LIBERAL MAJORITY TOOK OVER, THEY CHANGING SOME OF THE
ADMINISTRATIVE PROCESS TO MAKE SURE THAT THINGS COULD GO ALONG
SMOOTHLY AND QUICKLY IN A LOT OF THESE EXPEDITED CASES.
IN PART, THAT'S BECAUSE TRADITIONALLY THE CHIEF JUSTICE
OF THE SUPREME COURT HAS A LOT OF POWER OVER HOW FAST DECISIONS
MOVE ALONG AND THAT SUPREME COURT CHIEF JUSTICE IS A
CONSERVATIVE. ALS HAVE CREATED A
NEW PROCESS TO MAKE THINGS FASTER, IN THIS CASE, EXPEDITING
THIS CASE SO THAT THEY CAN HAVE A DECISION BEFORE THE END OF
THIS TERM, WHICH WILL AFFECT THE FALL ELECTION.
>> ZAC SCHULTZ, THANKS VERY MUCH.
>> AS TO ABSENTEE BALLOTS IN ITS FINAL SESSION DAY, THE STATE
SENATE DECLINED TO TAKE UP THE BILL TO LET CLERKS GET A HEAD
START ON COUNTING THEM. ALSO, EIGHT MORE OF TONY EVERS
NOMINEES WERE REJECTED TO BOARDS NOMINEES WERE REJECTED TO BOARDS