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Wisconsin Supreme Court’s liberal majority questions past ruling barring ballot drop boxes

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Wisconsin Supreme Court’s liberal majority questions past ruling barring ballot drop boxes


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MADISON, Wisc. — The new liberal majority of the Wisconsin Supreme Court on Monday questioned its conservative members’ past decision to bar state clerks from using absentee ballot drop boxes in a case that could impact turnout in a key swing state this November.

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Wisconsin’s highest court heard arguments Monday in a lawsuit backed by Democrats that seeks to overturn the court’s decision under its previous conservative majority that said state law does not allow drop boxes to be placed outside of an election clerk’s office and another ruling that prohibited clerks from filling in missing address information on absentee ballots.

“What if we just got it wrong?” said Justice Jill Karofsky, one of four members of the court’s liberal majority, referring to the court’s prior decision. “What if we made a mistake? Are we now supposed to just perpetuate that mistake into the future?”

The Wisconsin court in the coming weeks will decide whether to reinstate the use of absentee drop boxes, just before voters are set to cast ballots in the next presidential election featuring a rematch of President Joe Biden and former President Donald Trump.

Biden defeated Trump in Wisconsin by about 21,000 votes four years ago. Since then, Trump has sought to persuade lawmakers and judges to overturn the battleground state’s election result and in doing so, argued ballots returned in drop boxes amounted to voter fraud despite a lack of evidence to support the claim.

Critical tool for elections in 2020. Why are some states limiting drop boxes?

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‘Not something you were obviously concerned about at all in 2020’

Ballot drop boxes had been used since the 1980s or 1990s in Wisconsin and other states but exploded in popularity during the coronavirus pandemic — especially in liberal-leaning areas — to help voters cast ballots while limiting interaction with other people.

On Monday, the court’s liberal justices questioned the court’s 2022 decision to ban the boxes, with some arguments focusing on the state Legislature’s past statements of support for their use.

“This was not something you were obviously concerned about at all in 2020 when you said that these boxes were expressly authorized and lawful,” Justice Rebecca Dallet said Monday to an attorney representing Republican legislative leaders, who are in court defending the 2022 ruling outlawing drop boxes against the challenge brought by liberal group Priorities USA and the Wisconsin Alliance for Retired Voters.

“At that point in 2020 no one had raised any legal objections to drop boxes,” Misha Tseytlin, an attorney representing the Legislature, said in response.

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Conservative Justice Brian Hagedorn questioned why past policy positions mattered to the justices’ work on interpreting the law.

“We’ve had parties change their positions very recently in this court and other people haven’t been troubled by that — why does it matter that the Legislature takes a different view of the statute for us to read the statute faithfully?” Hagedorn said.

Drop boxes and state law

According to the National Conference of State Legislatures, some states have added language about drop boxes to state law. Many include standards about how many drop boxes must be available, based on population, or require one per county.

The plaintiff’s arguments amounted to asking the Wisconsin Supreme Court to become lawmakers, argued conservative Justice Rebecca Bradley.

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“You are asking this court to become a super Legislature and give free rein, despite what the statutes say, give free rein to municipal clerks to conduct elections however they see fit,” she said. “That, counsel, seems to me to be the greater danger to democracy because you’re asking this court to override what the Legislature wrote.”

Critics say drop boxes aren’t laid out in state law and that lawmakers, not the state elections commission, must create rules for them. Supporters say clerks have wide authority and discretion over what tools should be used to administer elections in their communities, an argument at least one liberal justice echoed Monday.

In spring 2021, there were about 570 drop boxes in Wisconsin, according to court filings. Out of Wisconsin’s 72 counties, at least 66 had drop boxes as of spring 2021, PolitiFact Wisconsin noted.

While Republicans have heavily scrutinized the use of drop boxes, they were used widely in Wisconsin, including in conservative areas.

If the Wisconsin court allows expanded use of drop boxes again, some cities with remaining drop box infrastructure may be able to open them back up quickly. Madison City Attorney Michael Haas said, for Madison, it would be a matter of unlocking the box and likely double-checking the video security.

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Contributing: Hope Karnopp, Milwaukee Journal Sentinel

Contact Molly Beck at molly.beck@jrn.com.



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No. 3 Wisconsin Badgers vs. No. 1 Texas Longhorns: Game Thread

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No. 3 Wisconsin Badgers vs. No. 1 Texas Longhorns: Game Thread


The Wisconsin Badgers are facing off against the Texas Longhorns in the Elite 8 on Sunday evening, looking to make their way back to the Final Four in Kansas City next week.

Wisconsin pulled off an impressive win over the No. 2 Stanford Cardinal on Friday, as it out-hit the latter in a thriller behind strong efforts from Mimi Colyer (27 kills) and Charlie Fuerbringer (61 assists).

Now, they’re facing a team that they were swept by earlier in the season, as the Longhorns thrived off Badger errors during their first matchup.

Texas has cruised through its competition so far in the NCAA Tournament, beating Florida A&M, Penn State, and Indiana en route to the Elite 8.

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If Wisconsin can win, it would face the No. 1 Kentucky Wildcats on Thursday in the Final Four, with the No. 3 Texas A&M Aggies and No. 1 Pittsburgh Panthers being the other two teams still left in the field.

Can the Badgers get a huge upset and break the Texas streak of wins on Sunday? Join us as our game thread is officially active.



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WI lawmakers should support data center accountability bill | Letters

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WI lawmakers should support data center accountability bill | Letters



Data centers proposed in our area pose multiple threats to our water, wildlife, and wallets. We all can take action by asking our senators and representatives to back SB729.

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The data centers proposed in our area in Mount Pleasant, Port Washington, and Beaver Dam pose multiple threats to our water, wildlife, and wallets. The centers will require vast amounts of water to cool their equipment. Plus, 70% of the water consumed each year in Wisconsin goes to electric power generation, so the water needed for energy production adds to the millions of gallons these centers will need on peak days.

The massive energy infrastructure required to build and operate the data centers is expensive and threatens to burden customers for years with the huge costs. Also, at a time when the impacts of climate change make it clear that we should be transitioning to clean renewable energy sources, utility companies are using data centers as justification for building new fossil gas power plants, thereby keeping us from achieving the zero emissions future that we so desperately need.

Take action by backing Data Center Accountability Act

The Data Center Accountability Act, bill SB729, was introduced recently in the Wisconsin legislature. If passed, the bill would stipulate that:

  • Data center must meet labor standards and use at least 70% renewable energy.
  • All data centers must be LEED certified or the equivalent.
  • Data center owners must pay an annual fee that funds renewable energy, energy efficiency, and a low-income energy assistance program.

We all can take action to prevent the worst impacts from data centers by asking our senators and representatives to vote for SB729. To find your legislators go to https://myvote.wi.gov/en-us/My-Elected-Officials.

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Jenny Abel, Wauwatosa

Here are some tips to get your views shared with your friends, family, neighbors and across our state:

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  • Please include your name, street address and daytime phone.
  • Generally, we limit letters to 200 words. 
  • Cite sources of where you found information or the article that prompted your letter.
  • Be civil and constructive, especially when criticizing. 
  • Avoid ad hominem attacks, take issue with a position, not a person.
  • We cannot acknowledge receipt of submissions.
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  • All letters are subject to editing.

Write: Letters to the editor, Milwaukee Journal Sentinel, 330 E. Kilbourn Avenue, Suite 500, Milwaukee, WI, 53202. Fax: (414)-223-5444. E-mail: jsedit@jrn.com or submit using the form that can be found on the on the bottom of this page.



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Can ‘completely different’ Wisconsin volleyball upset Texas in NCAA tournament?

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Can ‘completely different’ Wisconsin volleyball upset Texas in NCAA tournament?


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  • Wisconsin and Texas volleyball teams will face each other in the NCAA regional finals after first meeting near the start of the season.
  • Key factors for Wisconsin include overcoming Texas’ physicality and managing their talented pins.
  • The Badgers’ ability to handle adversity in a hostile environment will be crucial for a potential return to the Final Four.

AUSTIN, Texas – Wisconsin volleyball’s first weekend of the 2025 season featured a high-profile match against Texas.

Wisconsin’s either final or penultimate weekend of the season – depending on whether UW can advance – also features a high-profile match against Texas.

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But both sides will caution against reading too much into Wisconsin’s Aug. 31 loss to Texas ahead of a rematch in the NCAA tournament regional finals as each team seeks a return to the Final Four.

“We are completely different teams than what we saw however many months ago that was,” Wisconsin middle blocker Carter Booth said.

Texas coach Jerritt Elliott said almost the exact same thing in the Longhorns’ press conference, and his players echoed similar sentiments as well.

“I feel like both teams are just a lot more developed at this point in the year,” Texas setter Ella Swindle said. “At the beginning of the season, we were kind of just figuring out who we are and who we want to be. So now at this point, I feel like we know our identities, and we’re ready to go out and battle.”

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Here are three keys for the much-improved Badgers to have a better outcome against the also-much-improved Longhorns in the NCAA tournament:

How efficient can Wisconsin’s attack be against Texas’ physicality at net?

Wisconsin’s path to advancing in the Texas regional has already required defeating one team with outstanding physicality at the net, and it is unlikely to get any easier in the regional finals.

“I was watching Stanford warm up, and you’re like, ‘Jiminy Crickets,’” Sheffield said. “It’s like watching the NBA dunking contest. It’s like, ‘Holy cow.’ They’re just bouncing balls on the 10-foot line and just really dynamic and impressive. And Texas probably has it even more than that.”

Texas’ physicality was abundantly apparent in its three-set sweep over Indiana in the regional semifinals. The Longhorns had a 12-2 advantage in blocks, and Indiana committed 23 attack errors. Going back to when UW faced Texas in August, the Badgers committed a season-high 26 attack errors despite it lasting only three sets.

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“But each team has their thing,” Sheffield said. “And if we try to play their game, we’re going to get whacked. And if they try to play ours, that’s going to be problems for them as well.”

Can Badgers keep Texas’ talented pin hitters in check?

The Wisconsin-Texas match will feature two of the best outside hitters in the country.

Wisconsin’s Mimi Colyer has averaged 5.38 kills per set, which is the highest among players who advanced to the NCAA regional finals and is destined to break the UW program record. Texas’ Torrey Stafford is ninth in the country with 4.78 kills per set while hitting .368.

“Both of them are fearless,” Sheffield said. “They’re extremely, extremely talented. I think volleyball fans are going to be following them for a long, long time. Both of them have tremendous careers in front of them.”

Stafford was virtually unstoppable in the Longhorns’ sweep over Indiana, recording 19 kills without any attack errors and hitting a video-game-like .679. But for as talented as the AVCA national player of the year semifinalist is, she is not the only pin that can give opponents fits.

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Texas freshman Cari Spears has immediately stepped into a major role in the Longhorns’ attack as the starting right-side hitter in every match this season. In the second match of her career, she led Texas with 11 kills while committing only one attack error in the win over the Badgers.

“She was just trying to figure out how to breathe during that first match, and it just takes time,” Elliott said. “And now she actually understands our offense a lot more, she’s developed a lot of her blocking, her range has gotten better, and that applies to all of our team. Ella’s been doing the same thing. Her offensive system is completely different than it was the first week of the season.”

The Wisconsin match was the first of seven consecutive matches for Spears with at least 10 kills.

“Seeing that I can compete with one of the top teams in the nation and seeing the trust that my teammates had with me and the trust that the coaches had in me – it was a huge confidence boost for me,” Spears said.

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As for how to stop Stafford, Spears and Co., Booth said it goes back to the Badgers’ fundamentals.

“I know I’m beating a dead horse, but that’s really what this is all about,” Booth said. “At the highest level, the margins are so thin that you’re not trying to reinvent the wheel again. You’re honing in on the details of what you already know to do. So it’s not necessarily about being perfect on the block. … Our focus is just going to be taking away good space for our defense and then trusting that the people around us have put in the work to be able to defend those shots.”

How do Badgers respond to adversity?

When Wisconsin defeated Stanford after an otherworldly offensive showing in the first set, Booth said it was “really an emphasis for us to always be the one throwing punches, not the ones taking them.”

The ability to punch first is far from a guarantee against a team as talented as Texas is, however. The Longhorns have only lost once this season at Gregory Gym, and that was against Kentucky, which is one of the other top seeds in the NCAA tournament.

Even in a neutral crowd situation, Wisconsin’s ability to not let Stanford’s momentum snowball was crucial in the four-set win. Now with the vast majority of the anticipated 4,500 people in attendance rooting against the Badgers in the regional finals, Wisconsin’s resiliency when Texas does pack a punch will be crucial.

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“We are definitely more equipped to withstand those highs and lows of a set and able to step up after a mistake or come back after a battle,” Booth said. “You see yesterday, (we) come out very dominant in the first set, and then we dropped the second in a fashion that was a little bit uncharacteristic to the way we want to play. And being able to just step up and come back third and fourth playing our game – I think that goes to show how much we’ve grown in that sense.”

The Badgers – already confident before the tournament and now with even more reason for confidence after the Stanford win – are not ceding the possibility of still throwing that figurative first punch either.

“We are the writers of our own destiny, and I think that we are always in a position to be able to throw the first punch, no matter who we’re seeing across the net,” Booth said.



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