Subscribe to Our Newsletter

Success! Now Check Your Email

To complete Subscribe, click the confirmation link in your inbox. If it doesn’t arrive within 3 minutes, check your spam folder.

Ok, Thanks

Kaul challenges court ruling mandating proof of citizenship for Wisconsin voters

Over the course of 14 months, clerks referred only 30 instances of suspected voting fraud. None pertained to non-citizens attempting to vote

Carol Lenz profile image
by Carol Lenz
Kaul challenges court ruling mandating proof of citizenship for Wisconsin voters
Attorney General Josh Kaul has asked a circuit judge to hold his order mandating voters prove they are citizens of the United States.

Wisconsin Attorney General Josh Kaul, on behalf of the Wisconsin Elections Commission, asked a judge to immediately put on hold his order that would require election officials to verify the citizenship of all 3.6 million registered Wisconsin voters before the next statewide election in February. 

Waukesha County Circuit Judge Michael Maxwell temporarily agreed to block a section of his order that prohibits the Elections Commission from accepting any new voter registrants without citizenship verification. He scheduled a hearing for Oct. 31 to consider the request to pause the remainder of the order until further litigation.

Maxwell ruled on Oct. 3 that the Elections Commission is “violating state and federal statutes by maintaining an election system that potentially allows individuals onto the voter rolls who may not be lawfully entitled to cast a vote in Wisconsin.”

He ordered the Elections Commission to review the voter rolls of over 3.6 million registered voters before the Feb. 18 primary election to determine if any individuals were not U.S. citizens. He also prohibited accepting any new voter registration request “without verification that the applicant is a U.S. citizen.”

Kaul argued that the court's order would “require a massive overhaul of Wisconsin’s voter registration system and the creation of new verification requirements not otherwise provided for by statute.”

Currently, applicants for voter registration in Wisconsin and most other states must attest, under penalty of perjury, that they are U.S. citizens eligible to vote; however, they are not required to present proof of citizenship. The penalty for voter fraud in Wisconsin can include a maximum fine of $10,000, imprisonment for up to 3.5 years, or both. 

According to an October 2024 report from the Wisconsin Elections Commission (WEC), local election clerks referred 30 instances of suspected fraud from July 1, 2023, to Sept. 12, 2024.  According to the Heritage Foundation, only five of those were prosecuted. Those instances included double voting, felons registering to vote and cross-state registering. None pertained to non-citizens attempting to vote. 

“The fact that we have less than 45 instances of verified voter fraud out of 4.5 million votes (from 2022 to 2023) is evidence enough that the proof-of-citizenship ruling is an expensive solution in search of a problem," said State Senator Kristin Dassler-Alfheim (D-Appleton. "We should be focused on healthcare costs, housing issues and educating our kids.”

Wisconsin League of Women Voters Executive Director Debra Cronmiller displays a sign during a recent constitutional amendment initiative.

It all began with a constitutional amendment

A year ago, Wisconsin voters approved a constitutional amendment that changed constitutional language from “every U.S. citizen” to “only a U.S. citizen 18 or older can vote in national, state, and local elections.” The League of Women Voters of Wisconsin, along with other good-government organizations, cautioned that the seemingly minor change would create undue barriers to voting. 

LWV Executive Director Debra Cronmiller argued that obstacles to voting reduces voter turnout and weakens democracy.  

"Verifying citizenship will disenfranchise voters and disproportionately disenfranchise female voters,” said Cronmiller.

Proving citizenship would require documentation that many Wisconsin voters do not currently have, such as a passport or documentation needed to obtain a passport (a birth certificate with the current name, possibly a marriage license, and a valid photo ID). According to current data, only 44% of Wisconsin residents hold a valid passport. Opponents of the order argue that the time and cost of obtaining one might be considered a form of poll tax. 

"Wisconsin has a tradition of high voter turnout,” said Cronmiller. “We can only hope that all eligible voters do what they need to do to cast their ballot and have their voices heard. High voter turnout is a sign that people believe in our democracy."

In the last six years, Republicans have resorted to constitutional amendments on several occasions to enshrine certain policies into the Constitution. A majority vote must pass the proposed amendment in two consecutive legislative sessions. The governor cannot veto it. Then it goes on the ballot for voter approval.  Voters have complained about the use of complex language that leaves them unsure of what they are voting for or against. The LWV-Wisconsin released a webinar explaining the recently passed Constitutional amendments.

 

 

Carol Lenz profile image
by Carol Lenz

Truth Prospers Here.

Join our subscriber list and get notified of the latest news from around the Fox Valley.

Success! Now Check Your Email

To complete Subscribe, click the confirmation link in your inbox. If it doesn’t arrive within 3 minutes, check your spam folder.

Ok, Thanks

Read More