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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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Wisconsin

Fox News Poll: Trump hits 50% in Wisconsin, edges Harris by just 1 point

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Fox News Poll: Trump hits 50% in Wisconsin, edges Harris by just 1 point


At this same point in the election cycle four years ago, Joe Biden was ahead of Donald Trump by 9 percentage points among Wisconsin voters in a two-way presidential matchup. Now, just days after the Republican National Convention ended in Milwaukee, a new Fox News survey shows Wisconsinites give the advantage to Trump over Vice President Kamala Harris — by 1 point. 

Harris receives 49% support to Trump’s 50%. In April, it was 48% each for Biden and Trump, and it was also tied in January (47% apiece).  In June 2020, Biden was at 49% to Trump’s 40%.

Trump’s edge is mainly due to an expanded 14-point lead among men, up from an 8-point lead over Biden in April. He is also favored over Harris among White men without a college degree (by 20 points), rural voters (+15), and White voters (+2).

Harris receives a bit more support among Democrats (96%) than Trump gets among Republicans (93%), but he makes up the difference by having a 4-point advantage among Independents. 

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HARRIS’ SHIFT FROM TOUGH-ON-CRIME PROSECUTOR TO SOCIAL JUSTICE ADVOCATE FACES SCRUTINY FROM CONSERVATIVE GROUP

Some of Harris’ best groups include urban voters (+19 over Trump), Whites with a college degree (+18), and suburban women (+13). Her numbers roughly match or are a bit higher than Biden’s were in April among Whites without a college degree (+5), Independents (+5), voters under 35 (+4), women (+3), Democrats (+1), Whites (+1), and those ages 65 and over (-1).

The biggest shift is among “double haters” (voters with unfavorable views of both Trump and Biden). Trump was ahead by 1 point in April, but they now favor Harris by 25 points. There are too few Harris-Trump double haters to breakout by vote preference. 

Former US President Donald Trump during a campaign event at Trump National Doral Golf Club in Miami, Florida, US, on Tuesday, July 9, 2024. (Eva Marie Uzcategui/Bloomberg via Getty Images)

Trump is favored by 3 points among new voters (haven’t voted in four most recent general elections), and union households go for him by 2 points, which is different from what we see in a couple of other northern industrial states. Union voters prefer Harris by 6 points in Michigan and by 15 points in Minnesota. 

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Biden’s personal favorable rating was negative by 10 points in April and now he’s underwater by 12.  It’s the reverse for Trump, who went from being underwater by 10 points to negative 5 in the new survey. Harris is more popular than both at 49% favorable and 49% unfavorable. JD Vance’s favorability is negative by 7 points, while 15% are unable to rate him. 

TRUMP TO RETURN TO PENNSYLVANIA FOR FIRST TIME SINCE ASSASSINATION ATTEMPT

Fifteen percent of Wisconsin voters say they are getting ahead financially, up from 11% six months ago. Still, most continue to feel they are holding steady (41%) or falling behind (43%). 

By far, the economy will be the deciding issue this fall.  It’s the top priority for 37%, trailed by abortion and immigration at 15% each. All other issues are in the single digits.

Majorities of those prioritizing the economy and immigration back Trump (by 38 and 81 points respectively), while those putting abortion as their top issue prefer Harris by 78 points.

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“This poll shows Harris in a slightly stronger position in Wisconsin than Biden based on personal favorability,” says Democratic pollster Chris Anderson, whose company Beacon Research conducts Fox News surveys along with Republican Daron Shaw.  “However, with many voters feeling strained financially and union households breaking for Trump, she has work to do convincing voters they’ll be better off continuing with a Democrat in the White House.”

In a potential 5-way race, Harris and Trump tie at 46% each, with Robert F. Kennedy Jr. receiving 5%, and Jill Stein and Cornel West at 1% each.  Support for Kennedy was 9% in April.

Kennedy takes more support from Trump (6%) than Harris (2%), but it evens out because the other candidates also take from her (3%).

The large 75% approval of Biden withdrawing from the presidential race is widespread, as it includes 88% of Democrats and two-thirds of Republicans (65%) and Independents (69%).

Vice President Kamala Harris speaks following her meeting with Netanyahu on Thursday.

Vice President Kamala Harris speaks following her meeting with Netanyahu on Thursday. (AP/Julia Nikhinson)

That consensus disappears on the issue of Biden finishing his term: 92% of Democrats and 58% Independents think he should, while 57% of Republicans think he should resign.  Overall, two-thirds think he should stick around. 

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In 2020, Biden won Wisconsin by 20,682 votes, less than one percentage point. Trump’s 2016 victory was also by less than a point (22,748 votes). 

Poll-pourri

In the senate race, Democratic Sen. Tammy Baldwin leads likely Republican challenger Eric Hovde by a 54-43% margin, running 5 points ahead of Harris’ support in the presidential race. (The Wisconsin primary is August 13.)

More Trump supporters are ticket splitters, as 83% of his backers favor Hovde, while 96% of Harris supporters go for Baldwin. 

CLICK HERE TO GET THE FOX NEWS APP

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Overall, three-quarters of Wisconsin voters say they are extremely motivated to vote in the presidential election, and they split 50% Harris vs. 49% Trump. That’s because slightly more Harris supporters (76%) than Trump supporters (73%) say they are extremely motivated.

Donald Trump arrives to the Republican National Convention

Former US President Donald Trump arrives to the Republican National Convention (RNC) at the Fiserv Forum in Milwaukee, Wisconsin, US, on Wednesday, July 17, 2024. The RNC chairman warned against complacency when his party concludes its official nominating jamboree this week with polls predicting ex-President Donald Trump prevailing over President Joe Biden in the November election.   (David Paul Morris/Bloomberg via Getty Images)

Fully 84% of Wisconsin Democrats want Harris to replace Biden as their party’s nominee — no other candidate gets more than 2% support.  

CLICK HERE FOR TOPLINE AND CROSSTABS

Conducted July 22-24, 2024 under the joint direction of Beacon Research (D) and Shaw & Company Research (R), this Fox News Poll includes interviews with a sample of 1,046 Wisconsin registered voters randomly selected from a statewide voter file. Respondents spoke with live interviewers on landlines (127) and cellphones (649) or completed the survey online after receiving a text (270). Results based on the full sample have a margin of sampling error of ±3 percentage points. Sampling error associated with subgroup results is higher. In addition to sampling error, question wording and order can influence results. Weights are generally applied to age, race, education, and area variables to ensure the demographics are representative of the registered voter population. Sources for developing weight targets include the American Community Survey, Fox News Voter Analysis, and voter file data.

Fox News’ Victoria Balara contributed to this report.

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Why are gas prices higher in Wisconsin this week?

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Why are gas prices higher in Wisconsin this week?


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You might have noticed gas prices inched up when you visited the fuel tanks this week.

You’re not imagining it: gas costs are up across Wisconsin, with prices rising more than 17 cents on average in the last week, according to AAA.

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Here’s why gas prices are surging and which Wisconsin cities are feeling it the most.

Why are gas prices higher in Wisconsin this week?

A storm-related outage at an ExxonMobil facility in Illinois may be to blame for rising gas prices across the Upper Midwest this week, AAA said in a news release Thursday.

The refinery in Joliet, Illinois lost power earlier this month after a tornado touched down in the Chicago area on July 16. The facility, which processes 248,000 barrels per day, was about 50 miles from the tornado and battered by heavy wind and rain.

As of July 17, Reuters reported the refinery would be down for at least a week with plans to power back up in “late July.”

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However, while the outage drives up prices across the Midwest, falling oil prices in the U.S. may help steady costs, AAA spokesperson Andrew Gross said in the news release.

“In April, a barrel of oil was in the upper $80s, but today, it is $10 a barrel cheaper. That might mitigate any upward pressure on pump prices,” Gross said.

Which Wisconsin cities have highest gas prices?

Counties in eastern Wisconsin are generally seeing the highest gas prices, while counties in the western half of the state are seeing prices 10 to 30 cents below Friday’s national average of $3.52 per gallon, according to AAA’s daily average gas prices tracker.

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Most Wisconsin cities have seen gas prices tick up in the last week. Listed below are the average gas prices for a regular gallon of gas in major Wisconsin cities on Friday, compared to a week ago, according to AAA. All prices are rounded to the nearest hundredth of a cent.

Average gas prices in Wisconsin cities on July 26:

  • Milwaukee-Waukesha: $3.80, up from $3.45 last week
  • Madison: $3.45, up from $3. 43 last week
  • Appleton: $3.44, up from $3.30 last week
  • Eau Claire: $3.24, up from $3.20 last week
  • Fond Du Lac: $3.37, same as $3.37 last week
  • Green Bay: $3.50, up from $3.36 last week
  • Kenosha County: $3.83, up from $3.50 last week
  • Oshkosh: $3.44, up from $3.37 last week
  • Racine: $3.78, up from $3.44 last week
  • Sheboygan: $3.47, up from $3.33 last week
  • Wausau: $3.47, up from $3.38 last week



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NOAA, Biden-Harris Administration announce $1.45 million for joint Wisconsin, Minnesota, and Michigan project as part of Investing in America Agenda

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NOAA, Biden-Harris Administration announce .45 million for joint Wisconsin, Minnesota, and Michigan project as part of Investing in America Agenda


Today, Secretary of Commerce Gina Raimondo announced that the Department of Commerce and NOAA have recommended $1.45 million for a project involving Wisconsin to make the state’s coast more resilient to climate change and other coastal hazards. The project encompasses the Lake Superior Basin region of Wisconsin, Minnesota and Michigan. The awards are being made under the Biden Administration’s Climate Resilience Regional Challenge, a competitive, $575 million program funded through the nearly $6 billion total investment under the Biden-Harris Administration’s Inflation Reduction Act. 

“As part of President Biden’s commitment to combating the climate crisis, we are investing $575 million to help make sure America’s coastal communities are more resilient to the effects of climate change,” said U.S. Secretary of Commerce Gina Raimondo. “As part of this historic investment in our nation’s climate resilience the Biden-Harris Administration is investing $1.45 million to help underserved communities in Wisconsin develop and implement new strategies to protect themselves from increased flooding and other impacts of climate change.” 

Administered by the Department of Commerce and NOAA, the Climate-Ready Coasts initiative is focused on investing in high-impact projects that create climate solutions by storing carbon; building resilience to coastal hazards such as extreme weather events, pollution and marine debris; restoring  coastal habitats that help wildlife and humans thrive; building the capacity of underserved communities and support community-driven restoration; and providing employment opportunities.

“Over the past decade, this area has seen, firsthand, the destructive impacts of climate change on lives and livelihoods,” said NOAA Administrator Rick Spinrad, Ph.D. “This funding will allow local governments and tribal communities in Wisconsin to address the problem of repetitive flooding, from identifying root causes to implementing long-lasting solutions.” 

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The recommended $1,451,065 in total funds for the project will be administered by the Northwest Regional Planning Commission. The project, Accelerating Natural Flood Management in the Lake Superior Basin, will be a joint effort encompassing areas of Wisconsin, Minnesota and Michigan hit hard by catastrophic, repetitive flooding (six federal disaster declarations between 2012 and 2022), with impacts to local communities and an extensive network of state, local, and tribally managed roads. Funding will be used to 1) identify how the loss of headwater wetland storage and floodplain connectivity is contributing to the flooding problem; and 2) implement high-impact, nature-based solutions to combat this flooding by restoring the natural hydrology. The root causes of flooding and potential restoration opportunities will be investigated using new approaches that integrate spatial and field-based assessments. 

“Whether it’s flooding, drought, or extreme weather, communities across Wisconsin are dealing with the costly impacts of our changing climate. Our Inflation Reduction Act is making essential investments to make our communities safer and our infrastructure more resilient for the next generation,” said Senator Tammy Baldwin. “I was proud to support this investment for Northwest Wisconsin to protect the infrastructure families rely on and implement new solutions to address flooding.”

“With climate change causing more extreme weather events and devastating flooding across our state, building flood resilience through high-impact, nature-based solutions to protect our communities and our natural resources is a top priority for us in Wisconsin,” said Wisconsin Governor Tony Evers. “I’m grateful to the Biden-Harris Administration and NOAA for their support in these efforts and to the Northwest Regional Planning Commission and our partners for developing a program that will make a lasting difference for folks affected by flooding and on our region’s environmental footprint.”

Additional information is available on the Climate Resilience Regional Challenge website. 


Climate, weather, and water affect all life on our ocean planet. NOAA’s mission is to understand and predict our changing environment, from the deep sea to outer space, and to manage and conserve America’s coastal and marine resources. 

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