MADISON, Wis. (AP) — Wisconsin voters who have already returned their absentee ballots could void those and request a new one under a lawsuit filed Thursday by three people supported by the state's Democratic Party, which is going through a chaotic primary for governor.
The move would allow voters who have already cast their ballot for a candidate who has dropped out of the race to cast a new ballot. Lt. Gov. Sara Rodriguez dropped out last week, and 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.
The winner of the primary will advance to take on Republican U.S. Rep. Tom Tiffany, who has only token opposition in his party's primary. Democratic Gov. Tony Evers is not seeking a third term, and his party hopes to keep the office and flip both chambers of the Legislature to gain full control of state government for the first time since 2010.
There is not much time for courts to act on the lawsuit before the Aug. 11 primary. The voters filed the lawsuit in Dane County Circuit Court, located in Wisconsin's liberal capital city of Madison.
The lawsuit asks a judge to order the Wisconsin Elections Commission not to distribute its guidance to the roughly 2,000 clerks who run elections at the local level that says voters can't request a new ballot. The commission voted on July 9 to issue the guidance.
Nearly 91,000 people have already returned their absentee ballots, according to the elections commission. As it stands now, any voter who cast their absentee ballot for Rodriguez or Hughes could not request a new ballot to vote for someone still in the race.
Without court action, “potentially thousands more Wisconsin voters” in addition to the three who filed the lawsuit "will be disenfranchised,” the complaint said.
The lawsuit argues that the commission's position violates state law and the Wisconsin Constitution's guarantees of the right to vote and equal protection under the law.
Spokespeople for the elections commission and the state Department of Justice, which would defend the commission in the lawsuit, did not immediately respond to requests for comment.
The rarely used practice, known as ballot spoiling, allows an absentee voter who has already submitted their ballot to request a new one and cancel the previously cast one. It was the subject of a 2022 lawsuit brought by a Republican group, where a Waukesha County judge agreed the elections commission must rescind its guidance allowing for spoiling of ballots.
However, a state appeals court put that on hold just weeks before the midterm election that fall.
Then in February, a state appeals court repealed the ruling, saying the lawsuit was not properly served. The appeals court did not address the merits of the case.
Despite that ruling, the elections commission voted 4-2 to prohibit voters who have already turned in their absentee ballot from getting a new one. One Democratic commissioner joined with three Republicans in voting in favor of the prohibition. Two Democrats voted against it.
FILE - Absentee ballots during a count at the Wisconsin Center, Nov. 8, 2022, in Milwaukee. (AP Photo/Morry Gash, File)
MINNEAPOLIS (AP) — Friends and family of Minnesota Democratic lawmaker Melissa Hortman said the man sentenced Thursday to two life terms plus 40 years after pleading guilty to her murder failed to eliminate her legacy but caused enduring fear and fury as he changed their lives forever.
Fellow lawmakers and survivors of the shooting spoke Thursday at the sentencing hearing for Vance Boelter, the man who pleaded guilty last month to federal charges related to the killing of former House Speaker Hortman and her husband, Mark, as well as critically wounding state Sen. John Hoffman and his wife, Yvette.
Boelter, 59, agreed to plead guilty in June, almost a year after the Minneapolis-area attacks, so federal prosecutors would not seek the death penalty. Mark Hortman's father and siblings voiced anger that he could not be sentenced to death.
U.S. District Judge John R. Tunheim said it was “the longest sentence I have imposed after hearing thousands of cases over the years, but I do believe it is deserved.”
In court Thursday, Sen. Hoffman said he and his family are constantly reminded of the extraordinary violence of that night, even in the mundane details of day-to-day life. He said they don't receive mail at home anymore, they have installed solid steel doors for protection, and they have changed how they do everyday tasks because of their injuries.
“The defendant looked me in the eyes and pulled the trigger. The defendant looked at my wife and chose to do the same,” Hoffman said. “My wife and I now live with injuries. We live with our bodies remembering the gunfire.”
Yvette Hoffman said she has been too traumatized to work since the attack in their home, and that she sees a therapist weekly.
“I will never forget looking down and watching my blood slowly stream down that white washing machine as I felt myself sinking to the floor,” she said, barely holding back tears. “We always have an escape plan now. This isn’t how people should live.”
Boelter admitted in court last month that he spent months identifying and stalking his targets before driving to their homes disguised as a police officer with the intention of killing them. The killings sparked the largest police search in state history.
Democratic State Rep. Kristin Bahner was one of two other legislators whose homes Boelter visited that night, but she and her family were on vacation. Bahner said the shootings had left her shaken.
“I could not fathom why I was spared and (Hortman) was not,” she said. “You failed because I carry her with me. In my mind and in my heart, she guides me.”
Mark Hortman's parents and siblings spoke of their anger Thursday, both at the man who killed him and the justice system.
“It will not offer me peace of mind that he will have room and board provided for the rest of his life, paid for by my tax dollars,” said Lisa Hortman Bean, Mark's sister.
Melissa Hortman's mother and father and the Hortman's children changed the tone of the statements when they spoke, remembering them as attentive, loving parents and grandparents and people who had a positive impact on thousands of lives.
Sophie Hortman, their daughter, described in vivid detail having to say goodbye to Gilbert, the golden retriever, also shot by Boelter but who was still alive when they arrived at the veterinary hospital. She talked about the bedtime routine her mother had with Gilbert, who failed his service dog test because he was too friendly, and the care and love she gave him.
“I miss my mom. I miss my dad. I miss my best friends. And I miss believing in the goodness of humanity. I hope that one day these aches feel less sharp. And I know just like the love I feel for my parents, the pain will never go away,” she said through tears.
Colin Hortman talked about his parents not being at his recent wedding, about not dancing with his mother who he had hoped would make his wedding cake. He described the horror of the house and the panic attacks and crying that have persisted in the year since they were killed.
“My days are filled with gray, and the blood that was spilled is the last thing I see before I go to sleep and the first thing I see when I wake,” he said. “There is no sentence that weighs 15 gunshots, a murdered dog and the rest of my life.”
“It is impossible to realize the damage that has been done not only to our family, but to our society,” said Melissa's father Harold Haluptzok, who repeatedly referred to her as his “little girl.”
“I wish the perpetrator would have sat down and talked to Melissa about his political positions. ... if only he did that before he decided to kill them,” Haluptzok added.
Federal defender Manny Atwal spoke only briefly after the victim impact statements Thursday, saying Boelter showed remorse for his actions by pleading guilty and accepting the life sentences.
Boelter remained silent and sat extremely still for most of the hearing, showing little emotion or reaction to the anguish expressed by the survivors and family members.
“To every person I have caused loss, pain, heartache, confusion, sadness, shame or loneliness, I am truly sorry,” Boelter said.
Boelter went to Hortman's home, wearing a tactical uniform and mask, about 3:30 a.m. on June 14, 2025. He rang the doorbell while shouting he was a police officer doing a welfare check, according to court documents.
Mark Hortman answered the door. Boelter gave him a fake name and badge number before requesting he summon Melissa Hortman to the door as well. He shot Mark Hortman multiple times before pushing into the house and shooting the lawmaker as she fled upstairs. Melissa and Mark Hortman were killed.
Boelter had already visited the Hoffmans' home that night, shooting and critically injuring the senator and his wife, according to police and court documents. Court documents said Boelter also went to Bahner's house that night as well as the home of another lawmaker.
Boelter also faces state charges, including two counts of murder, four counts of attempted murder, impersonating a police officer and animal cruelty. Hoffman and his family filed a personal injury lawsuit against Boelter in April.
Hennepin County Attorney Mary Moriarty said in a statement Thursday that Boelter's state prosecution would move forward immediately noting a first appearance is scheduled for Aug. 3.
“The targeted political violence he committed was horrific,” Moriarty wrote. “My thoughts are with Melissa and Mark’s family, as well as John, Yvette, and Hope, as the state prosecution moves forward.”
This story has been corrected to show Boelter apologized for causing loss, pain, heartache, confusion, sadness, shame or loneliness, not for causing emotions.
Lauer reported from Philadelphia.
In this courtroom sketch, Minnesota state Sen. John Hoffman speaks at a sentencing hearing for Vance Boelter, seated at right, Thursday, July 23, 2026, in Minneapolis. (Cedric Hohnstadt via AP)
In this courtroom sketch, Hope Hoffman, daughter of Minnesota state Sen. John and Yvette Hoffman, speaks at a sentencing hearing for Vance Boelter, seated second from right, Thursday, July 23, 2026, in Minneapolis. (Cedric Hohnstadt via AP)
In this courtroom sketch, Vance Boelter, center, listens during his sentencing hearing on Thursday, July 23, 2026, in Minneapolis. (Cedric Hohnstadt via AP)
Colin Hortman (left), son of Mark and Melissa Hortman, walks into the lobby of the Diana E. Murphy United States Courthouse before a sentencing hearing for Vance Boelter in Minneapolis, on Thursday, July 23, 2026. (Alex Kormann/Minnesota Star Tribune via AP)
Members of the Hortman family come down the escalator into the lobby of the Diana E. Murphy United States Courthouse before a sentencing hearing for Vance Boelter in Minneapolis, on Thursday, July 23, 2026. (Alex Kormann/Minnesota Star Tribune via AP)
FILE - Members of law enforcement agencies investigate near a vehicle suspected to belong to shooting suspect, Vance Boelter, June 15, 2025, in Belle Plaine, Minn. (AP Photo/George Walker IV, File)
FILE - Bullet holes mark the front door of the house of Minnesota state Sen. John Hoffman and his wife who were shot earlier in the day on June 14, 2025, in Champlin, Minn. (AP Photo/Bruce Kluckhohn, File)
FILE - Armed FBI agents search for an active shooter, sweeping a neighborhood adjacent to the home of Minnesota DFL State Representative Melissa Hortman, in Brooklyn Park, Minn., June 14, 2025. (Alex Kormann/Star Tribune via AP, File)
FILE - Pictures of Mark and Melissa Hortman are set up inside the sanctuary at the Basilica of St. Mary's during funeral services for Mark and Melissa Hortman in Minneapolis, Saturday, June 28, 2025. (Alex Kormann/Star Tribune via AP, Pool, File)
FILE - This photo made available by the Ramsey County Sheriff's Office shows Vance Luther Boelter, the man charged with killing the top Democrat in the Minnesota House and her husband, and wounding a state senator and his wife, as he was arrested on June 15, 2025. (Ramsey County Sheriff's Office via AP, File)
