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Our only agenda is to publish the truth so you can be an informed participant in democracy. We need your help. More Info ### I would like to contribute One Time Monthly Yearly Join Now ![](\\" ![](\\" Donald Trump stated on July 9, 2022 in Social media: The Wisconsin Supreme Court decision declaring ballot drop boxes illegal \"includes the 2020 Presidential Election.\" ![\\"true\\"](\\" ![\\"pants- fire\\"](\\" * Elections * Legal Issues * Wisconsin * Donald Trump By D.L. Davis July 14, 2022 # Trump back on hot seat with claim linking ballot box ruling to 2020 election #### If Your Time is short * A UW-Madison elections expert said the Supreme Court ruling on drop boxes is not retroactive. * The conservative law firm that filed the drop box lawsuit also said the ruling is not retroactive. See the sources for this fact-check Former President Donald Trump, who fell nearly 21,000 votes short of winning Wisconsin in the 2020 presidential election, has never accepted defeat in the Badger State. Not after his own recount request in Milwaukee and Dane counties actually increased Joe Biden’s margin of victory. Not after a series of lawsuits failed. Not after the election result was certified. Not after electoral votes were counted, after Biden was sworn in, or in the face of expert after expert saying there is no evidence of widespread fraud, and no way to undo the result. So, maybe it’s no surprise that Trump now apparently wants to go back in time. On July 8, 2022, the state Supreme Court ruled that Wisconsin law does not permit drop boxes anywhere other than election clerk offices and that only state lawmakers may make new policy stating otherwise — not the Wisconsin Elections Commission, which had issued guidance to clerks allowing them. Following the decision, Trump took to his social media platform, Truth Social, and Telegram to declare: \"Other States are looking at, and studying, the amazing Wisconsin Supreme Court decision declaring Ballot Boxes ILLEGAL, and that decision includes the 2020 Presidential Election.\" In other words, he is claiming the decision is retroactive, and — in his view — could somehow cancel the result. That’s plainly nonsense. Ruling doesn’t look backward Let’s start with some basic facts. Drop boxes allow absentee ballots to be returned to the boxes, often placed at locations such as libraries or even police stations, instead of being dropped in the mail and returned to clerk’s offices. Drop boxes are used across the state — not just in typically Democratic urban areas. According to an affidavit from Meagan Wolfe, Wisconsin Elections Commission administrator, \"At the time of the 2020 General Election, the Commission was aware of 528 drop boxes across the state of Wisconsin…By Spring 2021, local officials had reported 570 drop boxes to the Commission, spanning at least 66 of Wisconsin’s 72 counties.\" Republicans on the Wisconsin Election Commission signed on to the guidance to clerks for 2020 that clarified drop box use. The use of drop boxes was not part of Trump’s legal challenges in the immediate wake of the 2020 election. And drop boxes were in use in 2016, when Trump won a narrow victory in Wisconsin. Indeed, an Oct. 16, 2020, article in the run-up to the election from PolitiFact National noted that ballot drop boxes have been in use for about two decades. Importantly, the new Wisconsin Supreme Court decision does not indicate, or even suggest, that there is any retroactive aspect to the decision. To be clear, this past January, while the case was under consideration, the court explicitly left drop boxes in place for the Feb. 15, 2022, primary for Milwaukee mayor and local offices across the state. What’s more, there is no evidence that Biden supporters were more likely than Trump supporters to use the drop boxes. There was a huge influx in absentee ballots across the state in 2020 because of concerns about voting during the pandemic. #### Featured Fact-check ![](\\" ![](\\" Tim Walz stated on September 14, 2024 in a speech “In Project 2025, you’re going to have to register with a new federal agency when you get pregnant.” ![\\"true\\"](\\" false/33efdb6633e5e2fdc2d4e2f63383a1e0.jpg.\\") ![\\"false\\"](\\" false.jpg\\") By Samantha Putterman • September 17, 2024 \"The Supreme Court ruling does not apply to the 2020 presidential election,\" Barry C. Burden, professor of political science at the University of Wisconsin-Madison and director of the Elections Research Center, told us. \"That election has been audited, recounted, and certified. The electoral votes from Wisconsin were counted in Washington on January 6. None of that can be undone. \"There were multiple lawsuits filed after the election by Trump and his allies in hopes that various categories of absentee ballots — including those returned by drop box or other individuals — would not be counted. All of those lawsuits failed. \"The Supreme Court\'s decision applies to elections going forward.\" In a July 13, 2022, Milwaukee Journal Sentinel article, Rick Esenberg, president and chief counsel of the conservative Wisconsin Institute for Law & Liberty, which filed the lawsuit challenging the boxes, said interpretations of the ruling as having a retroactive effect are incorrect. \"The case was prospective only,\" Esenberg said. \"It declared that drop boxes are not permitted under Wisconsin law. Now, if some municipality would go ahead and use boxes anyway in a manner that’s not permitted by the court, then somebody would be able to challenge that and they might be able to get those ballots drawn down. But there\'s no retroactive impact.\" Trump’s missives aimed at Wisconsin Trump’s record on Wisconsin-related claims has been, well, checkered at best: Sept. 29, 2020, Trump claimed ballots in Wisconsin \"are being dumped in rivers\" or creeks. We rated this claim False. Nov. 18, 2020, Trump claimed \"A day AFTER the election, Biden receives a dump of 143,379 votes at 3:42AM (in Wisconsin), when they learned he was losing badly. This is unbelievable!\" We rated this claim Pants on Fire. Dec. 2, 2020, Trump claimed \"In Wisconsin, there are approximately 70,000 absentee ballots that do not have matching ballot applications as required by law.\" We rated this claim Pants on Fire. Dec. 2, 2020, Trump claimed in a speech that residents the Wisconsin Election Commission suspected of moving were \"illegal voters.\" We rated that claim False. June 25, 2021, Trump claimed Republican leaders \"are working hard to cover up election corruption in Wisconsin.\" We rated this claim Pants on Fire. June 26, 2021, Trump claimed \"In 2020 we won (Wisconsin).\" We rated this claim Pants on Fire. August 12, 2021, Trump claimed: \"A Milwaukee election employee even acknowledged dropping off just the margin of ballots needed for a Biden win at 3 a.m.\" We rated this claim Pants on Fire. Our ruling Trump claimed the Wisconsin Supreme Court decision declaring ballot drop boxes illegal \"includes the 2020 Presidential Election.\" That claim defies logic, and the court’s order itself. The state Supreme Court itself has explicitly permitted the drop boxes in some past elections. And its order is prospective — for the future, not the past. And that’s an assessment from the group that filed the lawsuit. We rate this claim Pants on Fire. #### Read About Our Process The Principles of the Truth-O-Meter ### Our Sources Milwaukee Journal Sentinel \"Trump uses Wisconsin Supreme Court decision on ballot drop boxes to re-stoke baseless arguments about the 2020 election,\" July 13, 2022 Milwaukee Journal Sentinel \"Wisconsin Supreme Court rules absentee ballot drop boxes are illegal,\" July 8, 2022 Email, Barry C. Burden, Professor of Political Science at the University of Wisconsin-Madison. He is also Director of the Elections Research Center, July 13, 2022. PolitiFact Wisconsin \"\"In 2020 we won (Wisconsin).\" June 26, 2021. PolitiFact Wisconsin \"Says Republican leaders \"are working hard to cover up election corruption in Wisconsin.\" June 25, 2021. PolitiFact Wisconsin \"A Milwaukee election employee even acknowledged dropping off just the margin of ballots needed for a Biden win at 3 a.m.\", Aug. 12, 2021 Milwaukee Journal Sentinel \"Donald Trump will visit Milwaukee in August for an event that charges attendees thousands of dollars to meet him,\" July 12, 2022 American Freedom Tour. UWM Panther Arena, Aug. 20, 2022 WRP.org, Afffidavit, Meagan Wolfe, administrator, Wisconsin Elections Commission, November 2021 Milwaukee Journal Sentinel \"Wisconsin Supreme Court allows ballot drop boxes for February spring primary, will decide later on future elections,\" Jan. 28, 2022 PolitiFact National \"Ballot drop boxes have long been used without controversy. Then Trump got involved,\" Oct. 16, 2020. ## Browse the Truth-O-Meter ### More by D.L. Davis slide 4 to 6 of 15 ![](\\" ![](\\" Paul Ryan stated on February 23, 2023 in TV interview: \"WOW county swing suburban voters (in Wisconsin) don\'t vote for Donald Trump.” ![\\"true\\"](\\" ![\\"true\\"](\\" By D.L. Davis • April 18, 2023 ![](\\" ![](\\" Tony Evers stated on March 8, 2023 in Twitter: The money for upgrades to the Milwaukee Brewers stadium in Evers’ budget is \"a bipartisan plan.\" ![\\"barely-true\\"](\\" th.jpg\\") ![\\"barely-true\\"](\\" barely-true.jpg\\") By D.L. Davis • March 28, 2023 ![](\\" ![](\\" Joan Ballweg stated on January 24, 2023 in Twitter: \"Wisconsin has seen over 63 billion dollars of federal pandemic-related funding funnel into our state over (Gov. Tony Evers\') tenure.\" ![\\"mostly-true\\"](\\" th.jpg\\") ![\\"mostly-true\\"](\\" mostly-true.jpg\\") By D.L. Davis • March 14, 2023 ![](\\" ![](\\" Robert Cowles stated on July 12, 2024 in Radio address: “The most recent State Budget increased funding for the Department of Tourism by 98 percent.” ![\\"true\\"](\\" ![\\"true\\"](\\" By D.L. Davis • September 16, 2024 ![](\\" ![](\\" Joe Biden stated on May 16, 2024 in News release: \"The Trump administration handed out taxpayer dollars to a foreign company. Hundreds of homes and farms were bulldozed, and over $500 million in taxpayer dollars were wasted preparing for Foxconn.\" ![\\"half-true\\"](\\" th.jpg\\") ![\\"half-true\\"](\\" true.jpg\\") By D.L. Davis • July 13, 2024 ![](\\" ![](\\" Ron Johnson stated on April 15, 2024 in Podcast: \"Every Senate Democrat has voted to support unlimited abortions up to the moment of birth.” ![\\"false\\"](\\" ![\\"false\\"](\\" By D.L. Davis • May 17, 2024 ![](\\" ![](\\" Lisa Subeck stated on February 16, 2024 in X, formerly Twitter: “The United States is an outlier, one of only about half a dozen countries, without any guarantee of paid leave for new parents and/or other health care needs.” ![\\"true\\"](\\" ![\\"true\\"](\\" By D.L. Davis • April 16, 2024 ![](\\" new/e5f81dc43ebbfab7c9d9b56cfba2f398.jpg\\") ![](\\" new/9fbc38bd9f4148c4e7374ecdd8d95da4.jpg\\") Tammy Baldwin stated on February 1, 2024 in Facebook post: “Big drug companies charge as little as $7 for an inhaler overseas and nearly $500 for the exact same one here in the US.” ![\\"mostly-true\\"](\\" th.jpg\\") ![\\"mostly-true\\"](\\" mostly-true.jpg\\") By D.L. Davis • February 23, 2024 ![](\\" ![](\\" Robin Vos stated on January 7, 2024 in TV interview: “The law in Wisconsin (on abortion time limit) is 20 weeks. That is way outside the international bounds.” ![\\"barely-true\\"](\\" th.jpg\\") ![\\"barely-true\\"](\\" barely-true.jpg\\") By D.L. Davis • February 9, 2024 ![](\\" ![](\\" Cindi Duchow stated on November 9, 2023 in Wisconsin Assembly: \"Unfortunately during COVID, the clerks in Madison and Milwaukee told their constituents that they were actually indefinitely confined and did not have to come and vote, which was incorrect.\" ![\\"mostly-true\\"](\\" th.jpg\\") ![\\"mostly-true\\"](\\" mostly-true.jpg\\") By D.L. Davis • January 26, 2024 ![](\\" ![](\\" Ron Tusler stated on September 12, 2023 in X, formerly Twitter: Wisconsin Republicans are backing “a nonpartisan redistricting plan based off the Iowa Model. ... Republicans, Democrats, and the Governor pushed this plan last time redistricting happened in 2020.” ![\\"half-true\\"](\\" th.jpg\\") ![\\"half-true\\"](\\" true.jpg\\") By D.L. Davis • December 8, 2023 ![](\\" ![](\\" Rebecca Cooke stated on September 1, 2023 in X, formerly Twitter: \"Derrick Van Orden is one of the only members of Congress who participated in the deadly January 6th insurrection. He now serves in the building he tried to burn down.\" ![\\"barely-true\\"](\\" th.jpg\\") ![\\"barely-true\\"](\\" barely-true.jpg\\") By D.L. Davis • October 11, 2023 ![](\\" ![](\\" LaKeshia Myers stated on June 6, 2023 in News release: During the spring 2020 election in Milwaukee, a reduction to only five polling locations “came days before the election and was done without proper notice to voters.” ![\\"mostly-true\\"](\\" th.jpg\\") ![\\"mostly-true\\"](\\" mostly-true.jpg\\") By D.L. Davis • September 8, 2023 ![](\\" ![](\\" Kelda Helen Roys stated on April 26, 2023 in Twitter: Infertility is treated differently than other issues and \"often excluded from insurance coverage\" ![\\"true\\"](\\" ![\\"true\\"](\\" By D.L. Davis • May 26, 2023 ![](\\" ![](\\" Robin Vos stated on March 9, 2023 in Podcast: “When a basketball player or football or baseball player from another team plays in Wisconsin, that one game\'s salary, they pay Wisconsin income tax on it. ... So, if for some reason we do not have the Brewers in Wisconsin all of those player salaries that generate dollars for the State of Wisconsin go away.\" ![\\"true\\"](\\" ![\\"true\\"](\\" By D.L. Davis • May 12, 2023 ![](\\" ![](\\" Paul Ryan stated on February 23, 2023 in TV interview: \"WOW county swing suburban voters (in Wisconsin) don\'t vote for Donald Trump.” ![\\"true\\"](\\" ![\\"true\\"](\\" By D.L. Davis • April 18, 2023 ![](\\" ![](\\" Tony Evers stated on March 8, 2023 in Twitter: The money for upgrades to the Milwaukee Brewers stadium in Evers’ budget is \"a bipartisan plan.\" ![\\"barely-true\\"](\\" th.jpg\\") ![\\"barely-true\\"](\\" barely-true.jpg\\") By D.L. Davis • March 28, 2023 ![](\\" ![](\\" Joan Ballweg stated on January 24, 2023 in Twitter: \"Wisconsin has seen over 63 billion dollars of federal pandemic-related funding funnel into our state over (Gov. Tony Evers\') tenure.\" ![\\"mostly-true\\"](\\" th.jpg\\") ![\\"mostly-true\\"](\\" mostly-true.jpg\\") By D.L. Davis • March 14, 2023 ![](\\" ![](\\" Robert Cowles stated on July 12, 2024 in Radio address: “The most recent State Budget increased funding for the Department of Tourism by 98 percent.” ![\\"true\\"](\\" ![\\"true\\"](\\" By D.L. Davis • September 16, 2024 ![](\\" ![](\\" Joe Biden stated on May 16, 2024 in News release: \"The Trump administration handed out taxpayer dollars to a foreign company. Hundreds of homes and farms were bulldozed, and over $500 million in taxpayer dollars were wasted preparing for Foxconn.\" ![\\"half-true\\"](\\" th.jpg\\") ![\\"half-true\\"](\\" true.jpg\\") By D.L. Davis • July 13, 2024 ![](\\" ![](\\" Ron Johnson stated on April 15, 2024 in Podcast: \"Every Senate Democrat has voted to support unlimited abortions up to the moment of birth.” ![\\"false\\"](\\" ![\\"false\\"](\\" By D.L. Davis • May 17, 2024 ### Trump back on hot seat with claim linking ballot box ruling to 2020 election * ![](\\" ![](\\" House Majority PAC stated on September 9, 2024 in a television ad: Laurie Buckhout is “trying to get to Congress to pass a national abortion ban, allowing politicians to ban abortions with no exceptions and prosecute women if they get an abortion, treating women right here like criminals.” ![\\"barely-true\\"](\\" th.jpg\\") ![\\"barely-true\\"](\\" barely-true.jpg\\") By Paul Specht • October 1, 2024 * ![](\\" ![](\\" Donald Trump Jr. stated on September 9, 2024 in a post: “Less than three months ago, Kamala Harris and her administration blocked 300,000 unvetted Haitian migrants from being deported out of our country.\" ![\\"barely-true\\"](\\" th.jpg\\") ![\\"barely-true\\"](\\" barely-true.jpg\\") By Kwasi Gyamfi Asiedu • September 30, 2024 * ![](\\" ![](\\" X posts stated on September 30, 2024 in an X post: Photo shows President Joe Biden lounging on the beach \"while towns all over America were being wiped out” by Hurricane Helene. ![\\"false\\"](\\" ![\\"false\\"](\\" By Samantha Putterman • September 30, 2024 * ![](\\" ![](\\" Social Media stated on September 30, 2024 in in social media posts: “Biden Announces: ‘2.4 billion more to Ukraine’ but ‘no more aid for Hurricane Helene.’” ![\\"false\\"](\\" ![\\"false\\"](\\" By Jeff Cercone • September 30, 2024 * ![](\\" ![](\\" Facebook posts stated on September 24, 2024 in a post: “Olympic boxer Imane Khelif fails gender test, stripped of all titles, lifetime ban and $25 million prize money revoked!” ![\\"false\\"](\\" ![\\"false\\"](\\" By Grace Abels • September 30, 2024 * ![](\\" ![](\\" Donald Trump stated on September 30, 2024 in a press conference in Georgia: Georgia Gov. Brian Kemp was calling President Joe Biden after Hurricane Helene but \"hasn\'t been able to get him.” ![\\"false\\"](\\" ![\\"false\\"](\\" By Caleb McCullough • September 30, 2024 * ![](\\" ![](\\" Viral image stated on September 29, 2024 in an Instagram post: “Video shows Kamala (Harris) responding to someone talking through her earrings that she allegedly wore during the Trump vs. Harris debate.” ![\\"pants-fire\\"](\\" th.jpg\\") ![\\"pants-fire\\"](\\" pants-fire.jpg\\") By Ciara O\'Rourke • September 30, 2024 * ![](\\" ![](\\" Elissa Slotkin stated on September 30, 2024 in a Meta ad: U.S. Senate candidate Mike Rogers “believes he should make that decision” about whether to end pregnancies. ![\\"barely-true\\"](\\" th.jpg\\") ![\\"barely-true\\"](\\" barely-true.jpg\\") By Caleb McCullough • September 30, 2024 * ![](\\" ![](\\" Tim Sheehy stated on September 27, 2024 in an ad: U.S. Sen. Jon Tester “voted to give taxpayer-funded health care to illegal immigrants.\" ![\\"false\\"](\\" ![\\"false\\"](\\" By Louis Jacobson • September 30, 2024 * ![](\\" ![](\\" Instagram posts stated on September 26, 2024 in an Instagram post: “Kamala involved in P-Diddy’s rapes and assaults.” ![\\"pants-fire\\"](\\" th.jpg\\") ![\\"pants-fire\\"](\\" pants-fire.jpg\\") By Sofia Ahmed • September 30, 2024 Load more ### Support independent fact-checking. Become a member! In a world of wild talk and fake news, help us stand up for the facts. 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The Wisconsin Supreme Court decision declaring ballot drop boxes illegal includes the 2020 Presidential Election