wisconsin judge

MADISON, Wis. — Wisconsin voters who have already returned their absentee ballots for the state’s primary are not allowed to void those and request a new one, a judge ruled Wednesday.

The ruling deals a blow to Democrats, who filed a lawsuit seeking to give voters a do-over because of a chaotic party primary in the governor’s race.

The ruling is almost certain to be appealed with voting already underway in the state’s primary for governor. It creates another level of uncertainty in the waning days of a primary season that saw Lt. Gov. Sara Rodriguez, who had been seen as a Democratic front-runner, drop out on July 17. A day later, Milwaukee County Executive David Crowley, who had bowed out on July 8, reentered the race.

Rodriguez’s name remains on the ballot, along with former state economic development director Missy Hughes, who dropped out in June.

More than 117,000 absentee ballots had been returned by Wednesday. Democrats were concerned that many of those might have been cast for Rodriguez.

The attorney for voters who filed the lawsuit with support from the Wisconsin Democratic Party argued in a Tuesday hearing that state law allows voters who have submitted absentee ballots to change their mind before those ballots are counted on election day.

“Voters across Wisconsin will be disenfranchised” if not allowed to do that, attorney Eduardo Castro argued before Dane County Circuit Judge David Conway.

The bipartisan Wisconsin Elections Commission had voted on July 9 to distribute guidance to clerks saying absentee voters cannot change their ballot after it has been returned. The rarely used process is known as ballot spoiling.

But Conway on Wednesday ruled that “the unambiguous language of the statute does not allow a voter to spoil an absentee ballot after it is returned.” He said the guidance issued by the elections commission to the roughly 2,000 clerks who run elections at the local level was consistent with the law.

The judge declined to issue a temporary restraining order sought by Democrats. They had wanted the judge to order the state elections commission to rescind its guidance.

Spokespeople for the Wisconsin Democratic Party and the state elections commission did not immediately return messages seeking comment on the ruling.

Ballot spoiling was the subject of a 2022 lawsuit brought by a Republican group. In that case, a Waukesha County judge agreed that the elections commission must rescind its guidance that allowed voters to cast a second ballot. But the state appeals court earlier this year vacated that ruling on technical grounds and did not rule on the merits.

The winner of the Democratic primary will advance to November’s general election, most likely against Republican U.S. Rep. Thomas P. Tiffany, who has only token opposition in his party’s primary. Democratic Gov. Tony Evers is not seeking a third term.

Democrats hope to keep the governor’s office and flip both chambers of the Legislature to gain full control of state government for the first time since 2010.

Bauer writes for the Associated Press.

MILWAUKEE — A federal judge on Wednesday considered whether to throw out a jury’s guilty verdict against former Wisconsin Judge Hannah Dugan, who was convicted of felony obstruction for helping an immigrant evade federal officers.

The case was an early test of how the courts would respond to President Trump’s sweeping immigration crackdown.

Dugan had been scheduled to be sentenced on Wednesday, but U.S. District Judge Lynn Adelman postponed the proceedings indefinitely to instead hear arguments about whether to overturn her conviction.

Adelman did not rule from the bench and did not indicate when he might issue a decision. Dugan and attorneys for both sides left the courtroom without commenting to reporters.

Former judge’s attorney points to a Virginia case

Dugan’s attorney Steven Biskupic argued that her conviction was invalid and should be overturned. He said that was necessary because a federal appeals court in April overturned a key Virginia immigration case that the judge and prosecutors had cited in the Dugan case.

Biskupic argued that based on the 4th U.S. Circuit Court of Appeals overturning that ruling, Dugan was improperly convicted, procedurally, under a certain federal law.

“Our primary argument is this was an invalid theory of conviction,” Biskupic said.

In the Virginia case, an immigrant who was in the country illegally was detained by U.S. Immigration and Customs Enforcement agents and later escaped. He was recaptured and indicted on a charge of obstructing a pending immigration proceeding.

The federal appeals court found that the ICE action did not constitute a “pending proceeding,” as is required under the federal obstruction law.

Dugan’s attorneys argue that she should not have been charged because there was no “pending proceeding” against the immigrant in her courtroom being sought by ICE agents, only a warrant filed for his arrest. The filing of a warrant does not constitute a “proceeding” under the law, Biskupic argued.

Prosecutors countered that the facts in the Virginia case are different and don’t apply to Dugan’s. They also argued that other cases support Dugan’s conviction.

“The court should stick with its ruling,” said Richard Frohling, acting U.S. attorney for the eastern district of Wisconsin.

In response to a question from the judge, he contended that the appeals court was wrong to overturn the Virginia case. The judge also quizzed Frohling on what constitutes a proceeding under the law and how long it lasts.

“It could be a couple minutes, it could be a couple years,” Frohling said. “It all depends on the context.”

Dugan’s sentencing was postponed so the court can hear new arguments

Dugan, 67, faces up to five years in prison after a jury convicted her on Dec. 19. But it is unlikely that Dugan would be sentenced to prison. Federal sentencing guidelines generally call for probation for defendants like her who have no criminal history and are convicted of a nonviolent crime.

She resigned from her position as a Milwaukee County circuit judge two weeks after her conviction amid threats of impeachment from Republican state lawmakers. She had been a judge for nine years.

Dugan was present for Wednesday’s arguments but did not speak.

The Trump administration brought the case against Dugan as the president pressed ahead with his sweeping immigration crackdown. Trump’s administration and his allies branded Dugan as an activist judge, while Dugan’s attorneys said she was being unfairly targeted and argued, unsuccessfully, that she was immune from being charged because she was a judge.

Dugan’s case marked the first time that a state judge in Wisconsin went to trial on charges of obstructing immigration agents. She was acquitted of concealing an individual to prevent arrest, a misdemeanor.

Dugan helped an immigrant wanted by ICE agents

On April 18, 2025, immigration officers went to the Milwaukee County courthouse after learning Eduardo Flores-Ruiz had reentered the country illegally and was scheduled to appear before Dugan for a hearing in a state battery case.

Dugan confronted agents outside her courtroom and directed them to the chief judge’s office because she told them their administrative warrant wasn’t sufficient grounds to arrest Flores-Ruiz.

After the agents left, she led Flores-Ruiz and his attorney out a private jury door. Agents spotted Flores-Ruiz in the corridor, followed him outside and arrested him after a foot chase. A week later, FBI agents arrested Dugan in the courthouse, leading her outside in handcuffs.

Flores-Ruiz was deported in November.

Bauer writes for the Associated Press.