Lawsuit filed by a conservative legal organization, the Wisconsin Institute for Law & Liberty (WILL), on behalf of a voter against the Wisconsin Elections Commission (WEC) challenging its approval of a voter registration form for failing to comply with Wisconsin law. In its complaint, WILL argues that this form — which is known as the National Mail Voter Registration Form and is provided to states by the U.S. Election Assistance Commission — is missing certain components that are required under Wisconsin law while also containing other elements that are not allowed under state law. Specifically, the plaintiff asserts that the form fails to ask for legally required information pertaining to a voter’s residency and whether a voter has a criminal record. On the other hand, WILL also claims that the form requests information that is “not required by statute,” such as a voter’s race and political party affiliation (however, in contrast to WILL’s assertions, these questions are actually designated as “not required” for Wisconsin voters on the National Mail Voter Registration Form’s online state portal). The plaintiff asserts that WEC’s “failure to comply with statutory requirements around the creation and use of voter registration forms in Wisconsin hinders uniformity and predictability around the administration of elections and increases the risk of error.” Additionally, WILL claims that WEC has no authority to “ignore the lawful commands of the Legislature.” The plaintiff requests that the court declare the form illegal and order WEC to withdraw its approval of the form for use in future voter registration activity throughout Wisconsin.
On Sept. 5, the court declared the form illegal and ordered WEC to withdraw its approval of the form.
Case Documents (trial court)
Case Documents (wi court of appeals)