Is Madison About to Count Ballots Delivered After 8 PM? Shocking Consequences Could Follow!

by Alexander Shur / Votebeat, Wisconsin Watch
April 11, 2026

In a recent incident in Madison, Wisconsin, poll workers counted 23 absentee ballots that arrived at four polling places after the legally mandated deadline of 8 p.m. on Election Day. This situation has raised questions about the handling of absentee ballots and adherence to state law, which stipulates that these ballots must be “delivered to the polling place no later than 8 p.m.” to be counted. The law does not provide any clear exceptions, stating that ballots not delivered on time “may not be counted.”

However, court rulings in Wisconsin have granted election boards some flexibility, allowing them to count ballots if there is “substantial compliance” with election laws and no evidence of “connivance, fraud, or undue influence.” A precedent set by the Wisconsin Supreme Court indicates that as long as election officials aim to preserve the will of the voter, full compliance with every aspect of the law may not be necessary.

City election officials directed poll workers to mark these 23 ballots— which had been in the city’s custody for several hours before the deadline— to ensure their inclusion should local or state authorities decide to count them. The Madison canvassing board unanimously voted to include these ballots in their count. Assistant City Attorney Amber McReynolds clarified that the delay was due to an error on the part of the city clerk’s office rather than any fault on the voters' part. McReynolds referred to past precedent that supports counting these ballots. The county canvass is expected to begin on Monday.

The ballots were delivered late by a ballot courier who left a city election facility at around 6:30 p.m. While the courier arrived at the polling locations shortly after the polls closed, the final delivery occurred at approximately 8:30 p.m., leading to the controversy.

City Clerk Lydia McComas, who took over after previous issues plagued the handling of ballots in the November 2024 election—where 193 voters were disenfranchised due to misplaced ballots—stated that her office notified the Wisconsin Elections Commission about the situation. This election marks McComas's first high-turnout event since her appointment.

Dane County Clerk Scott McDonell noted that similar past incidents resulted in the county board of canvassers choosing not to count late-arriving ballots, following legal guidance. He emphasized that he was awaiting further details before determining how to address the late ballots during the upcoming canvass meeting. “Given the ballots’ timely arrival, they should have gotten out to the polls and should have been counted on time,” McDonell asserted.

The handling of absentee ballots is not uniform across municipalities in Wisconsin. In the past, other election officials in the state have opted to count late-discovered ballots in different circumstances. For instance, during a recount in November 2020, nearly 400 uncounted ballots were found in Milwaukee, and although a campaign representative for then-President Donald Trump objected, the municipal canvassing board decided to count those ballots. Similarly, Wauwatosa election officials included 58 unopened ballots in their totals after consulting with the Wisconsin Elections Commission.

However, the rules that permitted these ballots to be counted may not apply to Madison, as absentee ballots there are counted at polling locations rather than at a central location. In contrast, for municipalities that count absentee ballots centrally, state law merely states that ballots must be received by the clerk by 8 p.m., without specifying where they must be at that time.

This latest incident adds to concerns regarding ballot handling in Madison. In light of the 2024 election fiasco, where 193 ballots were not counted due to mishandling, the spotlight is again on how absentee ballots are managed. The Wisconsin Elections Commission previously indicated that the ballots from the 2024 election could have been counted had appropriate notifications been made, highlighting the importance of timely and correct ballot handling.

As the upcoming county canvass approaches, the fate of these 23 ballots remains uncertain, but they have already become a focal point in discussions about election integrity and the importance of following electoral laws.