MILWAUKEE - Like the back and forth on a football field, Wisconsin's ballot battle could run out the clock. More than 1.3 million Wisconsin voters have already requested an absentee ballot.
But, a federal appeals court on Thursday blocked a lower court's decision to side with Democrats who sued to extend the deadline for counting absentee ballots amid the pandemic.
The reversal is a win for state Republicans who filed the appeal.
"I was not surprised by the ruling," Dan Tokaji said.
As Dean of the University of Wisconsin School of Law, Tokaji says the 2-to-1 ruling falls in line with other election-related rulings.
"In this case, the 7th Circuit Court said we need to follow the Supreme Court precedent even if it might mean some voters may not be able to register or have their votes counted," he said.
Democrats could appeal to the U.S. Supreme Court, leaving the Wisconsin Elections Commission tasked with implementing the law between now and November 3rd — sidelined.
"We continue to be very aware of all of that and be postured to implement that, to train on that as soon as possible, as soon as we have some finality in those decisions," Meagan Wolfe said.
If the lastest ruling stands, absentee mail ballots must be delivered to Wisconsin election clerks by 8 p.m. on Election Day if they are to be counted.
The clock is ticking for voters to get their ballots in and for Democrats to decide whether there is enough time to challenge the decision of this political play.
According to the Wisconsin Elections Commission, 614,000 ballots have already been returned.