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A Wisconsin appeals court is refusing to block a lower court’s ruling banning the practice known as ballot spoiling, which allows voters who already submitted an absentee ballot to void it and vote again.

The 2nd District Court of Appeals decided Thursday against hearing an appeal of a Waukesha County circuit court judge’s ruling this month in favor of a conservative group founded by prominent Republicans. The bipartisan Wisconsin Elections Commission scheduled an emergency meeting for Friday afternoon to react to the ruling, which comes less than two weeks before the Nov. 8 election.

Wisconsin voters have been submitting absentee ballots by mail for weeks and in person since Monday. As of Friday, more than 490,000 ballots had been cast either by mail or in person, according to the elections commission.

Democratic Gov. Tony Evers and Republican U.S. Sen. Ron Johnson are both on the ballot in tight races. Johnson’s race could determine which party has majority control of the Senate and the next governor will be in position to either enact or reject bills passed by the Republican-controlled Legislature heading into the 2024 presidential election.

The appeals court on Oct. 10 agreed to put the lower court’s ruling on hold while it decided whether to hear the appeal from the elections commission, the Democratic National Committee and Rise, Inc., a group that works to get college students to vote.

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