Voters at the Wilmar Neighborhood Center on Madison's East Side cast their ballots. (Henry Redman | Wisconsin Examiner)

The Wisconsin Elections Commission on Thursday denied a demand from the U.S. Department of Justice for the state’s full voter registration list, including personally identifiable information such as dates of birth, driver’s licenses and Social Security numbers. 

At a special meeting Thursday afternoon and in a letter sent in response to the DOJ demand, WEC stated that Wisconsin law explicitly prevents the commission from sharing the personal information of voters. 

“The U.S. DOJ is simply asking the commission to do something the commission is explicitly forbidden by Wisconsin law to do,” commissioner Don Millis said. 

This is the second time this year the DOJ has requested Wisconsin’s voter database. Both times, the department has been informed that Wisconsin state law requires that the commission charge a fee to obtain the list. 

Since the summer, the DOJ has requested the voter databases of several states — raising concerns over why the department is seeking massive amounts of voter data, especially as President Donald Trump has remained fixated on conspiracy theories that his 2020 election loss was rigged. 

In its demand for the data, sent Dec. 2 as a “confidential memorandum of understanding” the department said it was seeking the data to check if Wisconsin is properly complying with the National Voter Registration Act and the Help America Vote Act.

VRLData Sharing Agreement DOJ-WI

“The Justice Department is requesting your state’s [Voter Registration List] to test, analyze, and assess states’ VRLs for proper list maintenance and compliance with federal law,” the memo states. 

However the WEC response questions the authority with which DOJ is asserting its right to the records. For one, Wisconsin is exempt from the NVRA because it offers same-day voter registration at polling places. Also, WEC wrote in its response letter that HAVA does not grant the DOJ access to confidential voter data. 

Compliance with HAVA and the thoroughness of states’ compliance with voter list maintenance requirements have become regular talking points among Republicans who say they’re concerned that there are thousands of people who have active voter registrations when they should be ineligible to vote because they’ve moved, died or otherwise are unable to cast a ballot. 

The sources of those complaints include the Wisconsin Institute for Law & Liberty, a right-wing law firm that in October sent a letter to the DOJ asking for the department to assess Wisconsin’s compliance with HAVA. 

WEC has said repeatedly that the commission and Wisconsin’s municipal election clerks are properly maintaining the voter rolls. They’ve also noted that the concerns are often overstated because even if a voter is ineligible and their file is deactivated in the database, their name will still appear in the system.

WEC Letter – Resp to 12.2.25 DOJ Correspondence

“The joint effort between state and local election officials enhances the integrity of the system by ensuring responsibilities are distributed across thousands of officials in every city, village, and town, rather than concentrated among a small handful of state employees in the Capitol,” the WEC response letter states. “The vast majority of list maintenance work consists of routine updates, and the processes also serve to identify attempts at wrongdoing. Each year, Wisconsin election officials at all levels of government identify and refer to criminal prosecution: felons attempting to vote, double voters, non-citizens, and others trying to circumvent election law.” 

In the WEC decision to deny DOJ’s request as well as to release the DOJ memo and the response letter, Republican commissioner Bob Spindell was the lone vote against. Spindell pointed to a provision of state law that allows WEC to share restricted information in the voter database with law enforcement agencies. Spindell has often used his role on the commission to indulge conspiracy theories and cast doubt on the security of the election system. 

“This is a highly, highly controversial issue throughout the country at this point in time, and my point of view is that this information can be released,” Spindell said. “I believe that through the HAVA Act, the federal government has the appropriate ability to see if we’re doing everything that’s correct and OK. I’ve talked forever about we need to have, in the state of Wisconsin, an independent audit, or whatever, of the registration list to satisfy the many individuals and groups and so forth that question it. And all HAVA is doing here, the federal government is asking for a chance to take a look at us.” 

But commissioner Mark Thomsen said there is no way that a provision meant to help law enforcement find information about suspects in criminal investigations could be interpreted to mean WEC can give the personal information of every Wisconsin voter to the federal government. 

“Our rights as commissioners are limited by the Fourth Amendment, by state law itself,” Thomsen said. “Mr. Spindel is just flat out wrong that this one provision that he relies on would allow us to legally give Wisconsin citizens’ private information off to someone for some unknown reason. It’s not just a person that’s suspected of a crime, it’s everybody, and Wisconsin has never stood for the proposition that any government is entitled to all this data anytime someone asked. So I think Bob, you’re just making up the law there.”

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State Rep. Lee Snodgrass (D-Appleton) listens as Rep. Lindee Rae Brill (R-Sheboygan Falls) testifies about her bill to ban the use of absentee ballot drop boxes. (Henry Redman | Wisconsin Examiner)

At a public hearing of the Wisconsin Assembly Committee on Campaigns and Elections Tuesday, legislators engaged in an occasionally tense debate over proposed changes to the state election system. 

In attendance at the hearing were some of Wisconsin’s most prominent election deniers, including former state Rep. Janel Brandtjen and Peter Bernegger, a self-styled elections investigator who has been convicted of mail fraud Bernegger stood in the back of the hearing room with a group of companions, muttering and complaining about assertions by the election clerks and legislators who testified. 

The committee heard testimony on bills that would prohibit the use of absentee ballot drop boxes, change the system for how “indefinitely confined voters” cast ballots, add a provision to state law that makes it a felony if election workers don’t allow election observers to exercise their rights and change the system for how state agencies manage voter registration data. 

The most heated part of the hearing came during the discussion of AB 560, authored by Rep. Lindee Rae Brill (R-Sheboygan Falls) and Sen. Andre Jacque (R-New Franken), which outlaws drop boxes. The use of drop boxes has been a politically charged issue since 2020, when right-wing groups started to allege they’re susceptible to fraud and “ballot harvesting” by outfits known as “ballot mills” that allegedly collect illegal ballots and stuff them into drop boxes in order to sway election results. There is no evidence such harvesting happens, though in Wisconsin it is now illegal for anyone other than a voter to return that voter’s absentee ballot. 

Since 2020, the drop box issue has been litigated in the court system more than once. In 2022, the then-conservative-controlled Wisconsin Supreme Court banned drop boxes. In 2024 the new liberal majority on the Court reversed that decision and drop boxes were allowed in last year’s presidential election. Municipal clerks are able to decide whether or not to use the boxes and the Wisconsin Elections Commission has issued guidance for best practices in securing them, but there are no laws on the books guiding how drop boxes should be managed. 

Brill cited incidents in Portland, Oregon and Vancouver, Canada in which absentee ballot drop boxes were set on fire, saying those events show the need for the boxes to have security that the state of Wisconsin and its municipalities can’t afford to provide.

Democrats on the committee asked why isolated anecdotes on the west coast have anything to do with the administration of drop boxes in Wisconsin and argued that the reason many Wisconsinites still have doubts about the security of the state’s elections is because Republicans keep pushing the belief that something is amiss. 

“I would argue that the No. 1 reason that people may have a lack of confidence in the security of our elections is the discourse that conservative members of the Republican Party continue to put out there about fact versus fiction when it comes to actual election security and fraud,” Rep. Lee Snodgrass (D-Appleton) said. 

“I think it’s no secret that the people who are talking about elections being stolen or somehow insecure are people who are grabbing on to conspiracy theories that are not based in fact about actual incidences of election fraud in this country,” Snodgrass continued, citing a 2022 Associated Press survey of election officials about the security of drop boxes. 

“I don’t know that I consider that a valid source, Associated Press,” Brill replied. “I don’t always see everything from the Associated Press being absolutely valid, but that might be where you and I find truth in different spots. This might be where we’re finding facts in different locations.”

The criticism of Brill’s bill didn’t just come from the committee’s Democrats. Rep. Scott Krug (R-Nekoosa), who has often worked to broker compromise on election issues, questioned Brill’s choice to put forward the bill despite the near certainty that it will be vetoed by Democratic Gov. Tony Evers. 

Krug said if Republicans move forward with the bill and it passes both chambers only to be vetoed in early 2026 and then the state is left in the same position — drop boxes are allowed at the discretion of local election clerks without any rules or regulations guiding their use, security or procedures. 

“[This bill is] not going to change the Supreme Court’s opinion on drop boxes. It’s not going to change the governor’s opinion on drop boxes,” Krug said. “We still have a problem in our communities, and that’s what I’m trying to get to is, politically, where we are dealing with realities. We know that if this bill leaves this committee, goes to the floor, gets voted on, goes to the Senate, gets through committee, gets voted on in the Senate, goes to the governor’s desk, he vetoes it — then where are we with drop boxes?”

Brill said more than once that she doesn’t think Republicans in the Legislature should be trying to write election-related bills that can be signed into law by Evers. 

“I don’t believe that doing election integrity that the governor is going to sign is what Republicans should be doing,” she said. “I think election integrity is something that is a very divided issue, and I think we’re on the right side of this issue. So if the governor was going to say he was going to sign, I mean, I am a believer in God and follower of Jesus Christ, so do I believe that there’s a chance that he would change his mind and sign this into law? Sure, but I’m taking this head-on, because our Republican president believes this is the direction we should be heading.”

A number of election clerks also testified on the bill, questioning the assertion that drop boxes are less secure than U.S. Postal Service mailboxes and insisting that allegations of ballot harvesting are false. 

Indefinitely confined voters 

Since the 1970s, Wisconsin law has allowed voters to identify themselves as indefinitely confined, meaning they’re unable to leave the house to vote so their local election clerk automatically sends them an absentee ballot for each election. 

When the state instituted its voter ID law in 2011, indefinitely confined voters were exempted from its requirements. In 2020, the use of indefinitely confined status increased due to the COVID-19 pandemic, raising concerns among Republicans that the program is susceptible to fraud. 

AB 599 would end the indefinitely confined program by Jan. 1, 2029 and replace it with a program that allows voters with disabilities or illnesses to request that absentee ballots be automatically sent to them and provide proof of identification. That request would be valid until the ID’s expiration, at which time the voter will need to start the process again with their new ID. 

The bill’s Republican authors, Krug and Rep. Cindy Duchow (R-Town of Delafield), said the proposal was “not a rollback” but a “recalibration” of the system. But Democrats and advocates for people with disabilities argued the state has barriers that can make it difficult for people with disabilities to obtain a state-issued ID, mostly due to challenges with DMV hours and transportation access.

Election clerks testified that the bill pushes a major burden of added work onto the local clerks. 

Election observers

AB 426, authored by Rep. Paul Tittl, would penalize any election official who infringes on an election observer’s rights to be within three and eight feet of all aspects of the voting process with up to 90 days imprisonment in county jail and a fine of up to $1,000. 

Snodgrass pointed to a recently enacted administrative rule that guides the conduct of election observers and gives  election officials authority to manage observer conduct. She said the state should wait to see how the rules work before further tweaking the law. 

Voter data 

The committee also heard testimony on AB 595, authored by Krug, which would change how the state elections commission works with other agencies to share data such as a voter’s name and state ID number. Republicans have spent years complaining that the state voter registration list is full of errors. Democrats and election administration experts have said aggressive attempts to delete data from the statewide system would result in the disenfranchisement of Wisconsin voters. 

The bill would require the Department of Transportation and WEC to enter into a data-sharing agreement to match information in the possession of both agencies. 

Under current law, whenever a voter is no longer eligible to vote, for any reason, their file is changed to ineligible on the voter registration list but not removed. This prevents people from being removed in error and allows people to retain their voter registration file if they’re convicted of a felony and then can vote again after serving their sentence. 

Krug’s bill would remove people from the list once they’re declared ineligible. If someone is then eligible to vote again, they’d have to re-register. 

The bill would also require the Legislative Audit Bureau to conduct an audit every other year of the official voter list to search for registered voters who aren’t U.S. citizens. While Republicans have of fraud by non-citizen who illegally cast ballots, there is little proof it happens at a significant rate.

Krug said that a lot of election skeptics’ complaints have simmered for years without the ability to provide definitive answers about their validity because the data can’t be compiled, so his bill is trying to solve that. 

“Is it a widespread problem? No. Does it happen? Yes,” Krug said. “So that’s what I’m trying to figure out, is, what is that in between? What does it look like? … This is not a gotcha. I just want to be able to say, ‘OK, agency gave me data, I can show you that this isn’t a major problem,’ and then I can come up with solutions.”

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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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