Wisconsin DOJ Seeks Delay on Voter Citizenship Verification Order

The Wisconsin Department of Justice has requested an immediate stay on a court ruling requiring elections officials to verify the citizenship of all 3.6 million registered voters in the state before the upcoming statewide election on February 18, 2024. This move follows a decision made by Waukesha County Circuit Judge Michael Maxwell on August 2024, which found that the current election system may allow individuals who are not legally entitled to vote to be included on the voter rolls.

The court’s directive stems from a lawsuit filed by two suburban Milwaukee voters, including a long-time critic of the state’s election processes. They argued that the Wisconsin Elections Commission and the state Department of Transportation should actively verify the citizenship of all individuals registering to vote. The plaintiffs contended that the commission has failed to adequately investigate unlawful registrations and ensure noncitizen voting does not occur.

In response, the Wisconsin Department of Justice, representing the Wisconsin Elections Commission, asserted that there is no existing legal requirement under state law for these departments to share and match data to eliminate noncitizen voters from the list. Current Wisconsin law mandates that voters certify their citizenship but does not require proof or documentation at the time of registration.

Josh Kaul, the state’s Attorney General, criticized the ruling, arguing that it would necessitate a significant overhaul of the voter registration system and the introduction of new verification processes that are not supported by current statutes. He emphasized the lack of clarity in the court order regarding what documentation would be acceptable to confirm U.S. citizenship, stating that implementing such requirements could take considerable time and resources.

Judge Maxwell’s ruling highlighted what he described as a failure by the Wisconsin Elections Commission to uphold both state and federal statutes, potentially allowing noncitizens to vote. He ordered the commission to review voter rolls prior to the upcoming spring primary and prohibited the acceptance of any new registrations without proof of citizenship.

The implications of this ruling raise concerns about the impact on voter registration processes in Wisconsin. Kaul noted that an average of 200 online voter registrations are processed daily, and any disruption to this system while implementing new verification measures could infringe upon the rights of eligible voters.

As the legal battle unfolds, the state elections commission and the attorneys representing the plaintiffs have not yet publicly commented on the Department of Justice’s request for a stay. This situation reflects broader national conversations about voter integrity and the verification of citizenship, particularly in battleground states like Wisconsin, which play a crucial role in federal elections.