1 00:00:02,066 --> 00:00:05,000 AMNA NAWAZ: Another court decision that could impact the 2024 presidential election, 2 00:00:06,333 --> 00:00:08,433 this time from the state Supreme Court in Wisconsin. 3 00:00:08,433 --> 00:00:11,366 Our Lisa Desjardins has more. 4 00:00:11,366 --> 00:00:16,300 LISA DESJARDINS: In a 4-3 decision, the new liberal majority on Wisconsin's Supreme Court 5 00:00:16,300 --> 00:00:21,300 today reversed a near-total ban on the use of ballot drop boxes in elections there. 6 00:00:23,233 --> 00:00:26,633 In 2020, President Biden won Wisconsin by one of the smallest margins in the country. 7 00:00:28,700 --> 00:00:31,666 Restoring this voting method could have major implications for this year's election. 8 00:00:31,666 --> 00:00:35,666 Following this all closely is Zac Schultz with PBS Wisconsin. 9 00:00:35,666 --> 00:00:40,533 Zac, tell us what the court decided. And is this the final word before the election? 10 00:00:40,533 --> 00:00:42,733 ZAC SCHULTZ, PBS Wisconsin: It is the final word before the election. 11 00:00:42,733 --> 00:00:47,600 The liberal majority here by 4-3 overturned only a 2-year-old case. It was called the Teigen 12 00:00:49,633 --> 00:00:53,400 case. And in 2022, then the conservative majority in a pretty fractured decision, 13 00:00:55,500 --> 00:00:58,466 with only finding a consensus on a handful of paragraphs, enough to essentially say Wisconsin 14 00:01:00,966 --> 00:01:03,733 state law did not explicitly allow absentee ballot drop boxes and, therefore, they weren't allowed. 15 00:01:05,966 --> 00:01:09,033 In the dissent, the liberals at that time said they got it wrong. This is their chance to redo 16 00:01:09,033 --> 00:01:12,900 it. They took the case. Throughout this process, the conservatives had signaled 17 00:01:12,900 --> 00:01:16,366 in all their dissenting opinions that they knew this outcome. It was preordained. They 18 00:01:16,366 --> 00:01:20,233 have been taking shots at the liberals, saying they're just running policy for the Democrats. 19 00:01:20,233 --> 00:01:24,800 But it's a big decision and it clears things up for Wisconsin's municipal clerks in 20 00:01:24,800 --> 00:01:29,233 advance of our August primary and the November elections, so they know how this will play out. 21 00:01:29,233 --> 00:01:32,033 LISA DESJARDINS: As you say, this is a complete flip from the conservative court 22 00:01:32,033 --> 00:01:36,866 just over a year ago. And this could affect an enormous amount of ballots. 23 00:01:36,866 --> 00:01:41,900 According to a Pew survey in 2020, some 40 percent of early votes were 24 00:01:41,900 --> 00:01:46,866 cast using these ballot drop boxes. Do we know, does the presence of these boxes, 25 00:01:48,700 --> 00:01:52,733 as we now will expect in Wisconsin, does that benefit one party or the other? 26 00:01:52,733 --> 00:01:56,533 ZAC SCHULTZ: Well, Republicans, and especially in the wake of Donald Trump's election conspiracy, 27 00:01:56,533 --> 00:01:59,533 tried to say that it was about Democrats and Democratic fraud. 28 00:01:59,533 --> 00:02:03,133 But the fact is, these were used in most counties, including red counties, 29 00:02:03,133 --> 00:02:07,633 rural areas, places that supported Trump and conservatives. And we're expecting 30 00:02:07,633 --> 00:02:11,600 some of these to go back. In fact, it may benefit those areas more, because, 31 00:02:11,600 --> 00:02:16,133 if a local clerk doesn't have regular office hours, someone can simply drop off a ballot, 32 00:02:16,133 --> 00:02:20,700 especially if the mail isn't quite consistent running up to Election Day. 33 00:02:20,700 --> 00:02:24,233 So we expect them to come back. Madison and Milwaukee have already announced they will be 34 00:02:24,233 --> 00:02:28,866 open and ready. They really never removed their boxes in the first place, but more areas around 35 00:02:28,866 --> 00:02:33,033 the state. It will be a locality decision to decide how they come back into play. 36 00:02:33,033 --> 00:02:37,066 LISA DESJARDINS: As you say, this was a part of conspiracy theories and some of the lies about the 37 00:02:37,066 --> 00:02:42,066 2020 election, but on a more basic level, what do we know about how secure these ballot boxes are? 38 00:02:43,533 --> 00:02:45,600 ZAC SCHULTZ: Well, we know that, in Madison, for example, 39 00:02:45,600 --> 00:02:49,866 they're located outside police stations, fire departments. There are cameras nearby 40 00:02:49,866 --> 00:02:54,466 so they can monitor them. They're dropped -- they're locked. They only have certain access. 41 00:02:54,466 --> 00:02:57,933 So, in some respects, they are more secure than your mailbox, 42 00:02:57,933 --> 00:03:01,466 where, in Wisconsin, it's perfectly legal to place your absentee ballot 43 00:03:01,466 --> 00:03:05,800 to be mailed back. So it has the same security that you would expect anywhere. 44 00:03:05,800 --> 00:03:09,500 LISA DESJARDINS: This was an enormous decision, but can you take us more broadly as we finish up 45 00:03:09,500 --> 00:03:14,500 into the state politics surrounding your Supreme Court and what decisions and issues can be ahead? 46 00:03:16,600 --> 00:03:19,700 ZAC SCHULTZ: Well, the biggest one is just this week that same liberal majority announced they 47 00:03:19,700 --> 00:03:24,700 will revisit Wisconsin's abortion ban and that law that was -- dates back to 1849. 48 00:03:26,833 --> 00:03:29,466 They're taking two cases on that, one which would just examine whether to overturn the law, 49 00:03:29,466 --> 00:03:34,066 and the second, much more broadly, would look at whether there is a constitutional right 50 00:03:34,066 --> 00:03:38,533 to abortion and health care abortion services in Wisconsin's Constitution. 51 00:03:38,533 --> 00:03:43,500 The way that it's being set for briefings, they will be ready for oral arguments in the fall, 52 00:03:43,500 --> 00:03:46,666 so that brings up the possibility that that decision could come down 53 00:03:46,666 --> 00:03:49,833 some -- before the end of the year, maybe by Election Day. 54 00:03:49,833 --> 00:03:54,533 LISA DESJARDINS: Zac Schultz with PBS Wisconsin, thank you for covering this all. And we will be 55 00:03:54,533 --> 00:03:58,133 seeing you soon at the Republican Convention coming up in Milwaukee in just over a week. 56 00:03:58,133 --> 00:03:59,333 ZAC SCHULTZ: And can't wait to see you.