Right-wing law firm complains about Wisconsin election data management

Chief Inspector Megan Williamson processes absentee ballots at the Hawthorne Library on Madison's East Side. (Henry Redman | Wisconsin Examiner)
The Wisconsin Institute for Law and Liberty, a right-wing law firm, complained in a letter to the U.S. Department of Justice last week that the Wisconsin Elections Commission is improperly allowing erroneous data entries to remain in the state voter registration database.
The Elections Commission says WILL is overstating its claims, misunderstanding how the voter database is used and wrong about the requirements of federal law. Meanwhile election administration experts say that WILL is stoking the fears of Wisconsin election conspiracy theorists, which is dangerous because of the Trump administration’s history of election meddling, increasing willingness to prosecute perceived enemies and growing warnings that it will interfere in next year’s midterms.
In its letter to the DOJ, WILL complains that the state voter database includes “thousands of active, registered voters in Wisconsin whose voter registration information does not match the information in their DOT records. And WEC appears to be doing nothing about it.” The letter states that this problem has only worsened in recent years.
State law requires that whenever someone registers to vote, either online or in person with their local municipal clerk, the information they provide is double checked against data kept by the state Department of Transportation — the person’s name, date of birth, address, driver’s license number or Social Security number.
When someone registers online, this double check happens automatically. When someone registers on paper, the data is entered manually by the clerk and checked against the DOT information.
The problem is that human error can creep into data entries, so there are entries in which someone with the full name “Robert” registers to vote under “Bob,” or the characters in a 14-digit driver’s license number are transposed or the clerk makes a typo.
When these mistakes are made, clerks can rectify them on their own, or reache back out to the voter to clarify. The double-checking process is required under a federal law, the Help America Vote Act (HAVA).
“Approximately 5% of the people who registered to vote between January 1 and November 3, 2020, were at least initially non-matches with either DMV or Social Security databases,” a FAQ page on the elections commission website states. “That does not mean these voters are not real Wisconsin citizens. When there is a non-match, a registered voter is never ‘removed’ from the statewide voter database. Neither Wisconsin nor federal law require a match, and Wisconsin law does not permit clerks or the WEC to remove a voter from the list for not matching.”
WEC notes that the HAVA check requirements on the state were litigated in 2008 and that the law does not require Wisconsin’s election authorities to declare people as ineligible voters. But WILL states the agency has been ignoring the problem.
“Critically, WEC has not taken sufficient steps to remedy this situation. In fact, the issue has gotten worse,” the letter states. “WILL understands that this data does not indicate the cause of the discrepancy. And while some of these errors might be minor, the large and growing number of mismatches in the system underscores the need for a comprehensive audit of Wisconsin’s voter registration list, which WEC refuses to perform in violation of its obligations under HAVA. Accordingly, we respectfully request that the U.S. Department of Justice takes this information into account as it investigates this issue and takes all necessary steps to remedy this significant problem.”
Emilee Miklas, a spokesperson for WEC, disputes the WILL analysis.
“The primary objective of the HAVA check process is to identify errors and rectify discrepancies,” she said in an email. “The presence of non-matches discovered in a previous analysis does not necessarily indicate a persistence of errors in the system a year later.”
In a statement, WILL Deputy Counsel Lucas Vebber said the commission FAQ is “not a sufficient explanation” for the data errors.
“Given the thousands of mismatches that are in the current voter registration list, it appears that whatever WEC does, if anything, is woefully insufficient,” Vebber said. “But to determine if WEC is complying with HAVA it is necessary for WEC to describe the complete process in its response.”
Jeff Mandell, general counsel at the progressive voting rights focused firm Law Forward, says the letter is the latest example of WILL repeatedly casting doubt on the voter rolls. He pointed to a 2018 lawsuit in which WILL sued to force WEC to kick thousands of people off the voter registration list. WILL ultimately lost that lawsuit at the state Supreme Court, which was controlled by a conservative majority at the time.
“This is just more fearmongering. WILL has been trying to purge the voter rolls for years,” Mandell says, adding that it’s part of the Republican party’s recent efforts to stir up unfounded concern about non-citizens casting ballots. “They have been upset about the voter rolls and insisting without evidence the voter rolls are wrong. Now they’re jumping onto the latest piece of this and skepticism about proof of citizenship. There is still no evidence, no one has been able to show any incidence of non-citizen voting. If the rolls were as error-filled as WILL’s latest suggestions insist, that wouldn’t be true.”
After the rise of election conspiracy theories in the wake of the 2020 election, WILL distanced itself from the most fevered Republican theories. The firm released a report on the 2020 presidential election, affirming that it was won by Joe Biden while pointing to a number of adjustments and rule changes that could be made to improve Wisconsin’s election administration.
“WILL seems to want it both ways, claiming to not be conspiracy mongers and that they can prove that by saying Donald Trump lost the 2020 election and yet still play footsie with conspiracy mongers,” Mandell says. “They do that by filing nonsense lawsuits over and over and over … and this is another example.”
Jay Heck, executive director of Common Cause Wisconsin, says that the only effect of going to DOJ with these complaints is raising the likelihood that the results of the 2026 midterms will be questioned — by Trump or his supporters.
“All they’re doing is providing a little ammo to the Trumpers and the people that are going to question the outcome of the 2026 election,” Heck says. “And so they’re just planting more seeds of doubt in people’s minds, at least the people that would be doubting it anyway.”
Heck also points out that an easy solution to WILL’s complaint would be the establishment of automatic voter registration in Wisconsin, which would automatically register someone to vote when they obtain a driver’s license or state ID from the DOT and cut out WEC’s role as the middleman. But, he says, WILL and Republicans do not support that.
Despite the DOJ’s potential threat to interfere in election administration, Vebber said in his statement the firm went to the DOJ because it is the agency responsible for enforcing HAVA.
“The U.S. Department of Justice has the express authority to enforce each state’s compliance with HAVA,” Vebber said. “WILL is concerned that WEC is violating HAVA. As a result, the correct agency to complain to is USDOJ. As stated above, in our letter to the U.S Department of Justice we suggested [eight] specific follow-up questions on this issue. WEC does not need to wait for the USDOJ to answer these questions. In the interests of transparency, we would ask WEC to voluntarily answer them.”
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