Wisconsin DOJ Seeks Delay on Voter Citizenship Verification Order

The Wisconsin Department of Justice has requested a judge to pause a recent ruling that mandates elections officials to verify the citizenship of all registered voters in the state ahead of the upcoming statewide election on February 18, 2024. This request follows a court order issued by Waukesha County Circuit Judge Michael Maxwell, which requires the Wisconsin Elections Commission to ensure that individuals listed on the voter rolls are U.S. citizens.

The ruling has surfaced amid ongoing discussions surrounding voter integrity and the verification processes for voter registration. The Wisconsin DOJ, representing the state Elections Commission, is seeking to delay the implementation of Judge Maxwell’s order while they prepare an appeal. The order stems from a lawsuit filed in August 2024 by two voters from suburban Milwaukee, who contended that the state had not adequately addressed the issue of non-citizen voting.

The plaintiffs claimed that both the Wisconsin Elections Commission and the state Department of Transportation had failed to investigate unlawful voter registrations. They argued that this lack of action could allow non-citizens to participate in elections, undermining the integrity of the electoral process.

Judge Maxwell ruled that the elections commission was in violation of both state and federal statutes by maintaining a system that could permit ineligible voters on the rolls. He ordered a review of the voter lists to identify any non-citizens registered to vote and prohibited the acceptance of any new voter registrations without verifying citizenship.

Wisconsin Attorney General Josh Kaul, a Democrat who is contemplating a run for governor, expressed concerns over the implications of the ruling. He stated that the order would necessitate a significant overhaul of Wisconsin’s voter registration system and the introduction of verification requirements that are not currently stipulated in state law.

Kaul highlighted that implementing such changes would be time-consuming, potentially hindering the ability for individuals to register to vote. He noted that the state processes an average of 200 online voter registrations daily. Any disruption to this system while changes are made could infringe on the rights of those attempting to register, he argued.

While the DOJ awaits the court’s decision on the stay, the implications of this ruling could be far-reaching, especially as the state prepares for the 2024 presidential election. The debate over voter verification and the integrity of the electoral process remains a contentious issue nationwide, drawing attention from various stakeholders, including the previous administration’s efforts to investigate voter fraud.

Attorneys representing the plaintiffs did not respond immediately to requests for comments, nor did a spokeswoman for the state Elections Commission. As the legal process unfolds, the state remains at the center of a national conversation about voting rights and the mechanisms in place to protect them.