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Disenfranchised Madison voters sound off on city, lawsuit

An illustration shows people against purple, pink and white backgrounds, including someone holding a pen at a table, a person holding a piece of paper by an election drop box, a person with a cart of bags, and two people at voting booths.
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Months before becoming one of the nearly 200 Madison voters in 2024 whose absentee ballots were never counted, Nathan Haimowitz did what he thought he was supposed to do.

As a journalist living in Spain and out of the habit of voting, the 26-year-old former poll worker said he wanted the 2024 presidential election to “be the thing that would spur me to vote more consistently.” To make sure everything was in order, he emailed Madison officials to confirm they had received his absentee ballot application. They told him they had, so he filled out his ballot, sent it in and assumed his vote would be counted.

It wasn’t. 

The mistake that disenfranchised Haimowitz and nearly 200 other voters set off a chain of consequences: The longtime city clerk resigned, state and local officials launched investigations, a lawsuit was filed, and the city began overhauling its voting procedures.

Haimowitz hasn’t cast a ballot since.

“It was definitely a deterrence,” he said. “I didn’t know why my vote hadn’t been counted.”

Early signs suggest the error is already reshaping how many of the disenfranchised voters engage with elections — pushing some away from absentee voting and, in some cases, out of the electorate altogether. Interviews with affected voters also reveal a broader disconnect: Many say they are dissatisfied both with how the city handled the mistake and with the high-profile lawsuit filed in its wake to seek damages for the disenfranchised voters. The city, they say, has not been appropriately responsive, and the lawsuit does not reflect their values. 

Until now, the public conversation has largely reflected the perspectives of the eight voters who joined the lawsuit as named plaintiffs. But others Votebeat spoke with described a different perspective — one that questions whether financial compensation is the right remedy at all.

A person wearing a patterned sweater stands in front of a green hedge.
Nathan Haimowitz (Courtesy of Nathan Haimowitz)

Mark Ediger, a recently retired chemistry professor at UW-Madison, for example, said he found the lawsuit “pretty bewildering,” adding that as a Madison taxpayer, it would be people like him footing the bill. 

The 193 voters range from dozens of students who are only in Madison for a few years to some of their professors and other longtime city residents. Their responses to the error are just as varied. 

Some, like Haimowitz, stopped voting entirely. Others, like Ediger, say the incident was a one-off mistake that hasn’t impacted their voting behavior. Notably, Ediger is the only voter among the disenfranchised group who has voted absentee in both of the two elections following the error, according to election data obtained by Votebeat.

“The incident has not diminished my trust in elections,” Ediger told Votebeat, adding that he’s satisfied the city has appropriately addressed its cause. “I don’t see how this should change my voting behavior moving forward.”

But other voters said their experience will change how they vote in future elections. “I’m definitely going to prioritize in-person voting,” Joanne Fairbotham, one of the disenfranchised voters, told Votebeat.

“There’s growing evidence that when someone tries to vote and they are prevented from doing so for one reason or another, it makes them less likely to vote in the future, and it can change their behavior,” said Kevin Morris, a senior research fellow and voting policy scholar with the Brennan Center’s Democracy Program. “You can lose a lot of trust very easily, and it can be very difficult to build that trust.”

All of the disenfranchised voters cast absentee ballots in the 2024 presidential election. But, among the 22 who cast ballots in the February 2025 primary for state superintendent of public instruction and city council, nearly all did so in person. Two months later, two-thirds of the 132 who voted in the Wisconsin Supreme Court race did so at the polls, a share similar to how the same group voted in previous April elections. 

Disenfranchised voters question city follow-up 

Shortly after learning that her ballot hadn’t been counted, Fairbotham — a 35-year-old medical coder who lives in Madison — wrote to City Clerk Maribeth Witzel-Behl, saying the error was “beyond devastating as an American who prides herself in voting in every election.”

“This is how people lose faith in their government that their rights will be protected,” she said in the letter, calling on Witzel-Behl to resign. 

Fairbotham said she never received a response from Witzel-Behl, who has since resigned — or anyone else employed by the city. 

“Not hearing a peep,” she said, is the most frustrating part. Fairbotham’s vote in the 2024 presidential election was the first time she cast an absentee ballot since the peak of the pandemic in 2020. She has only cast in-person votes since and said the incident still makes her angry.

Madison City Attorney Mike Haas disputed the characterization that the city didn’t communicate the seriousness of the error, pointing to a city and state investigation and a public apology from the mayor.

Still, some voters said the city’s outreach fell short after such a significant error. Haimowitz, for example, didn’t hear from the city when most of the voters did — a separate oversight by city officials meant overseas voters did not receive the same notice as those living locally. Until speaking with Votebeat, Haimowitz said, he didn’t know whether the mistake that kept his ballot from being counted was his or the city’s, nor what steps officials had taken to prevent it from happening again.

Election administration experts say direct, proactive communication can be critical in rebuilding trust. After a mistake like the one in Madison, jurisdictions should reach out to affected voters, review what went wrong and clearly explain how it will be prevented in the future, said Jennifer Morrell, CEO of The Elections Group and a former Colorado election administrator.

The city has completed the first two steps, Morrell said, but it did not fully follow through on the third.

After sending an initial notice telling voters they could reach out with questions, the city held no further public hearings, said Haas, a longtime election lawyer and former administrator of the Wisconsin Elections Commission. Few of the disenfranchised voters followed up, he added.

Some disenfranchised voters find lawsuit bewildering

The divide among disenfranchised voters extends to the lawsuit filed in the aftermath of the error.

In March 2025, the liberal group Law Forward filed a claim seeking $34 million from the city and Dane County over the error, later turning it into a lawsuit. In February, a circuit court judge ruled that the city could be held liable for monetary damages.

A small group of affected voters has joined the case, arguing it’s one of the only ways to hold the city accountable for failing to count their ballots.

But others see it differently. “In an era where the reliability of elections is being challenged by some groups in completely spurious ways, it seems to me that this lawsuit just adds to that noise,” Ediger said.

Lawsuits seeking monetary damages for disenfranchisement are now rare, but were more common in the late 1800s and 1900s, when Black voters were intentionally and repeatedly disenfranchised by election workers. Then, the fines forced the government to think twice, said Ediger. But there’s no similar pattern of errors or intentionality here in Madison, he added, which makes him doubt the lawsuit’s purpose. 

Haimowitz said he also opposed the lawsuit, despite how much it has shaken his confidence.

“I’m not sure that the city should pay such a heavy price for this,” Haimowitz said, adding that at a time when some Republicans are peddling “Stop the Steal” narratives and casting doubt on election integrity, especially in battleground states like Wisconsin, the Law Forward letter unnerved him.

“That kind of money could be debilitating to a city elections board that is already under immense scrutiny and pressure to get it all right,” he said.

Law Forward staff attorney Scott Thompson pushed back on comparisons between the case and post-2020 lawsuits filed by Republicans, including one that sought to throw out over 200,000 absentee ballots in Wisconsin.

“That cavalier attitude towards votes that we saw in 2020 is simply unacceptable, and not compatible with democracy,” he said. “And so what do we do with that? Well, I can tell you what we will not do: We will not stand idly by if hundreds of people in a community lose the right to vote because their ballot simply wasn’t counted.”

He said that lawsuits often make people uneasy, but that their perspective may change when a fundamental right is taken away. He declined to directly comment on some of the disenfranchised voters’ issues with the case.

For some disenfranchised voters, financial damages are part of accountability. Precious Ayodabo, a named plaintiff, wrote in a Cap Times column that her disenfranchised absentee vote “is worth enough” to warrant compensation.

“It’s worth enough that I waited for hours in line to cast it. It’s worth enough that politicians spend millions of dollars to receive it. It’s worth enough that people have put their lives on the line and died to protect it,” she wrote.

Thompson declined to make Ayodabo and the other plaintiffs available for interviews. Of the 193 voters, eight are plaintiffs in the case, he said.

Others who support the lawsuit say it’s less about personal payment and more about forcing systemic change. Fairbotham said she’s grateful the case is pushing the city to take the error seriously, particularly after the Wisconsin Elections Commission found the city violated state law.

Thompson said the lawsuit isn’t about making sure the government knows “every single jot and tittle” of absentee voting procedure, but to ensure election officials count every vote, which he defined as “the absolute most basic obligation.”

Still, some election experts warn the case could have unintended consequences. Morrell said the lawsuit could become one of many elements that dissuade election officials from staying in administrative roles.

“If we’re setting an unrealistic expectation that any mistake made by an election administrator opens you up to a lawsuit, that feels like an impossible situation to be in,” she said. “Election administrators take this so seriously and do everything they can to ensure mistakes don’t happen,” she added, “but they do.”

For Haimowitz — a voter who has helped others register to vote and served as a poll worker — the question isn’t just whether the city fixes the problem. It’s whether he can move past having his ballot go uncounted.

“It was something that made me think it’s clearly not that easy to vote,” he said.

Alexander Shur is a reporter for Votebeat based in Wisconsin. Contact Shur at ashur@votebeat.org.

Votebeat is a nonprofit news organization reporting on voting access and election administration across the U.S. Sign up for Votebeat’s free national newsletter here.

Disenfranchised Madison voters sound off on city, lawsuit is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.

Elections commission chair warns against betting on Wisconsin elections

Wisconsin Elections Commission Chair Ann Jacobs determines the results of the 2020 presidential election and recounts. (Screenshot | WisEye)

Wisconsin Elections Commission Chair Ann Jacobs is warning voters that it’s against state law to wager on an election if you are casting a ballot in that race. 

Jacobs’ comments, made last week on X, come as prediction market sites such as Kalshi and Polymarket have continued to grow in popularity. 

“I know it’s all the rage to bet on everything, but you cannot bet on an election in Wisconsin,” Jacobs wrote. “If you do, your ballot can be challenged & thrown out … So go vote and save your $ for playing Euchre with your uncle!” 

Wisconsin’s election laws include a provision that states nobody “shall be allowed to vote in any election in which the person has made or become interested, directly or indirectly, in any bet or wager depending upon the result of the election.” 

Currently on Kalshi, tens of thousands of dollars in bets have been placed on the result, turnout and margin of victory of next week’s state Supreme Court election. Even more money has been wagered on the state’s upcoming race for governor — including $85,000 on the Democratic primary race. 

The ethics of participating in prediction markets have come under scrutiny as their popularity has grown, particularly the opportunity for placing bets that are akin to insider trading. More than $500 million in bets were placed on the prospect of the U.S. going to war with Iran shortly before major announcements about U.S. military actions in the country, NBC News reported

The law against betting on elections has been on the books in some form since 1849. Other states, including Arizona and Texas, also have laws against wagering on elections. 

Jacobs told Wisconsin Public Radio that the state isn’t going to go looking for offenders of the election betting law, however if someone brags online about a big win, that could open them up to scrutiny and the potential cancellation of their vote. 

“No, the state is not going out and issuing search warrants to betting platforms to cross reference against voters,” Jacobs told WPR. “I think the most likely way this would come up would be exactly how you think, which is somebody posted on social media saying, ‘Hey, I made this big bet,’ and then someone who doesn’t like them reports it to the authorities.”

Jacobs told the Wisconsin Examiner a voter’s ballot could be voided because of betting through the state’s existing ballot challenge processes, which allow anyone to object to the counting of an absentee ballot. She compared it to challenges that are received for people who post selfies with their ballots.

“Who would do such a thing? people who hate you,” Jacobs said. “It’s almost always the opposing candidate. Is that a lot of work? Yes. Is it sort of silly? Yes. If you think you’re going to get a big amount of money, then don’t vote.”

The emergence of the prediction markets was also an impetus for the state Legislature quickly passing a bill to legalize online sports betting in Wisconsin. That bill is currently awaiting the signature of Gov. Tony Evers.

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WEC recommends charges against 13 involved in failed Vos recall effort

A Recall Vos sign in rural Racine County in March 2024. (Wisconsin Examiner photo)

The Wisconsin Elections Commission has recommended that the Racine County District Attorney file charges against 13 people for unlawful irregularities in the petitions collected during a failed attempt to recall Wisconsin Assembly Speaker Robin Vos in 2024. 

In a letter sent on Friday, WEC said that it was recommending charges against two people who collected signatures on behalf of the recall effort who had listed addresses that aren’t their residences on paperwork they submitted for  the signature drive. WEC recommended charges against another 11 people for turning in petition paperwork that listed signatures from people who later said they did not sign to support the recall. 

However WEC did not recommend charges against recall effort organizer Matthew Snorek. The letter states that in a complaint to WEC, Vos made “vague allegations” against Snorek, but they weren’t enough to confirm that he had broken a state law. 

The recall effort at the center of the allegations was the second failed recall drive against Vos in 2024. A faction of the Wisconsin Republican party, particularly around Vos’ Racine County district, has become especially engaged in conspiracy theories about the 2020 presidential election. The recall drives were started because of what organizers charged was Vos’  failure to adequately investigate claims that the 2020 election was stolen from President Donald Trump. 

This is also not the first time that conservatives have run afoul of the rules while opposing Vos. The state ethics commission alleged that during the 2022 primary elections, a political action committee connected to Trump, the Langlade County Republican Party and then-state Rep. Janel Brandtjen worked to illegally funnel $40,000 to the campaign of Vos’ primary challenger. 

Vos announced last month that he will not seek reelection this year, ending his time as the state’s longest serving Assembly Speaker. For the past eight years under Wisconsin’s divided government, he has been the most powerful Republican in the state. 

In a statement, Vos called the recommended charges “just another example of how these recall attempts were a complete waste of time and money when we hold regularly scheduled elections every two years.”

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Madison appeals ruling allowing lawsuits in 2024 ballot-counting case

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The city of Madison on Monday appealed a ruling that allows it to be sued for monetary damages for disenfranchising nearly 200 voters in the 2024 election, arguing the decision would unrealistically require “error-free elections” and expose municipalities across the state to liability for mistakes. 

The appeal comes after Dane County Circuit Court Judge David Conway’s Feb. 9 ruling that Madison could face potential financial liability for disenfranchising 193 voters whose absentee ballots were unintentionally left uncounted. Notably, the city did not specifically contest the judge’s rejection in that ruling of its earlier argument that absentee voting is merely a “privilege” under state law — a claim that would have shielded it from damages.

Instead, the appeal centers on who has the authority to enforce election laws and whether voters can sue for negligence. The city argues that such complaints must go first to the Wisconsin Elections Commission and asks higher courts to revisit a landmark 1866 case that allowed damages against election officials who deprive citizens of the right to vote.

“It is not difficult to imagine how the circuit court’s ruling may be perceived as an opportunity by partisan actors to influence the election,” attorneys for the city, former Clerk Maribeth Witzel-Behl and Deputy Clerk Jim Verbick wrote in the filing. 

A permanent path to sue for damages over accidental election errors without going first through the commission could “chill the willingness of individuals to volunteer to assist with elections, and the willingness of voters to participate in the political process,” they wrote.

Madison asks court to revisit landmark voting case

Much of Madison’s appeal asks the court to revisit a key finding in the landmark 1866 case that secured the extension of the franchise to Black Wisconsinites, Gillespie v. Palmer. In that case, the court held that state law allows plaintiffs to sue election officials for damages if they “negligently deprive citizens of the right to vote.” 

The case arose after Ezekiel Gillespie, a Black man, was turned away from the polls in 1865. While voters had ratified a measure extending the franchise to Black residents 16 years earlier, it went largely unenforced, as state officials still disputed whether the change was valid. Gillespie sued, and courts ultimately ruled in his favor, concluding in 1866 that Black Wisconsinites had been wrongfully disenfranchised for 17 years.

Although Gillespie was intentionally barred from voting, the court’s ruling established negligence — not just intentional misconduct — as a basis for disenfranchised voters to seek damages. The Dane County Circuit Court relied on that broader standard in allowing the Madison lawsuit to proceed. 

Madison officials in their latest appeal argue the lower court misapplied the precedent. In their view, Gillespie was about protecting the right to cast a ballot  — a right that they say isn’t disputed in this case. No election official in Madison denied that the 193 Madison voters had a right to vote, they wrote. Rather, they contend, the voters’ ballots were unintentionally left uncounted after being cast.

If Gillespie is extended under these circumstances, the defendants argue, Wisconsin would be the first state to allow “any voter whose ballot is accidentally uncounted a right to sue for monetary damages,” a premise that they say requires immediate review by higher courts given the impending 2026 midterms.

They also contend the 1866 ruling predates Wisconsin’s modern election system, and relying on “such an archaic interpretation of Constitutional rights in Wisconsin is grossly in error and requires intervention before the case proceeds further.”

Madison’s filing “seeks to erode the protections” guaranteed in Gillespie, said Scott Thompson, staff attorney for Law Forward, which filed the case. “This argument follows the city’s failed attempt to throw out this case by arguing that the right to vote does not protect absentee voters from disenfranchisement. The right to vote has value, and the voters the city of Madison disenfranchised look forward to having their day in court.”

Bryna Godar, a staff attorney at the University of Wisconsin Law School’s State Democracy Research Initiative, clarified that a court wouldn’t need to overturn the historic Black voting rights case entirely to rule that it doesn’t apply in the lawsuit against Madison.

“You could potentially read that case in a more narrow way, as applying only to intentional deprivation of the right to vote, as opposed to negligence and deprivation,” she said, adding that it’s likely that only a higher court could reinterpret Gillespie in such a way.

Law Forward’s response to Madison’s appeal is due on March 9. Then the Madison-based District 4 Court of Appeals is expected to determine whether the appeal may move forward. 

Alexander Shur is a reporter for Votebeat based in Wisconsin. Contact Shur at ashur@votebeat.org.

This coverage is made possible through Votebeat, a nonpartisan news organization covering local election administration and voting access. Sign up for Votebeat Wisconsin’s free newsletter here.

Madison appeals ruling allowing lawsuits in 2024 ballot-counting case is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.

Dane County judge denies Madison motion to dismiss missing absentee ballot lawsuit

An absentee ballot drop box with updated signage in Madison following the Wisconsin Supreme Court's decision to allow the use of ballot drop boxes. (Wisconsin Examiner photo)

A Dane County judge on Monday denied a motion from the city of Madison to dismiss a lawsuit against the city over its loss of nearly 200 absentee ballots during the 2024 election. 

Since misplacing and failing to count the ballots, Madison has been subjected to penalties from the Wisconsin Elections Commission and has hired a new city clerk. The lawsuit against the city was brought by a group of the voters whose ballots were not counted. The voters are represented by the voting rights focused firm Law Forward. 

Madison’s defense against the lawsuit has sparked criticism from voting advocates across the state for diminishing the importance of the right to vote. The city had argued it could not be sued for losing the ballots because absentee voting is a “privilege” and not a constitutional right. A legislative policy statement adopted in 1985 states that “voting is a constitutional right,” but that “voting by absentee ballot is a privilege exercised wholly outside the traditional safeguards of the polling place.”

The lawsuit comes as Wisconsin election officials and Democrats have been defending absentee voting rights from Republican attacks for years. The argument by Madison officials drew criticism from a number of Democrats, including Gov. Tony Evers.

Dane County Judge David Conway wrote in his order denying Madison’s motion to dismiss that it wouldn’t make sense if the constitutional right to vote did not extend to absentee voting.

“Just because the absentee voting process is a privilege does not mean that those who legally utilize it do not exercise their constitutional right to vote,” he wrote. “Of course they do. Once a voter casts a valid absentee ballot that complies with the Legislature’s rules for utilizing the absentee process, the voter has exercised the same constitutional right to vote as someone who casts a valid in-person ballot at a polling place. And that right to vote would be a hollow protection if it did not also include the right to have one’s vote counted.”

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Wisconsin Elections Commission challenges Madison’s argument on absentee voting

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The Wisconsin Elections Commission, filing its first ever friend-of-the-court brief, challenged Madison’s controversial legal argument that it should not be financially liable for 193 uncounted ballots in the 2024 presidential election because of a state law that calls absentee voting a privilege, not a right. 

The argument presented by city officials misunderstands what “privilege” means in the context of absentee voting and “enjoys no support in the constitution or case law,” the commission wrote in its filing Tuesday, echoing a similar rebuke by Gov. Tony Evers last month. 

“Once an elector has complied with the statutory process, whether absentee or in-person, she has a constitutional right to have her vote counted,” the commission said.

That both the commission and the governor felt it was necessary to intervene in the case should underscore “both the wrongness and the dangerousness of such a claim,” commission Chair Ann Jacobs, a Democrat, told Votebeat.

The dispute over the city’s legal defense stems from a lawsuit filed in September by the liberal election law firm Law Forward in Dane County Circuit Court against the city of Madison and the clerk’s office, along with former clerk Maribeth Witzel-Behl and Deputy Clerk Jim Verbick in their personal capacities. It seeks monetary damages on behalf of the voters whose absentee ballots were never counted in the 2024 presidential election, alleging that their constitutional rights were violated.

Attorneys for Witzel-Behl — and later the city — argued that by choosing to vote absentee, the disenfranchised voters “exercised a privilege,” citing a 1985 state law that describes absentee voting as a privilege exercised outside the safeguards of the polling place. 

Law Forward called the argument a “shocking proposition,” and Evers filed his own friend-of-the-court brief last month, warning that the city’s position could lead to “absurd results.” 

Some legal experts said the argument could run afoul of the federal Constitution.

Matthew W. O’Neill, an attorney representing Witzel-Behl, declined to comment.

No statute can override the constitutional right to vote, the commission stated, adding that the Wisconsin Supreme Court decided in 2024 that state law the defendants invoked does not allow for a “skeptical view” of absentee voting.

The argument has also drawn negative reactions from a range of political voices. 

On Wednesday, six Wisconsin voting groups — Wisconsin Democracy Campaign, League of Women Voters of Wisconsin, Common Cause Wisconsin, ACLU of Wisconsin, All in Wisconsin Fund, and All Voting is Local — released a scathing statement saying they were “deeply alarmed” by the city’s argument.

“We call on the City of Madison to immediately abandon this dangerous legal argument, take responsibility for disenfranchising voters, and work toward a remedy that respects voters’ constitutional rights,” the statement said.

Meanwhile, Rick Esenberg, the founder of the conservative group Wisconsin Institute for Law & Liberty — which cited the same 1985 law in its 2021 effort to ban ballot drop boxes — said on social media that Madison’s legal argument was likely going too far. 

“Madison is correct in noting that absentee voting is a privilege and not a right in the sense that the legislature has no obligation to permit it at all,” Esenberg said. “BUT if it does and people choose to cast their ballot in the way specified by law, it doesn’t seem crazy to say that Madison has a constitutional obligation to count their legally cast vote.”

Alexander Shur is a reporter for Votebeat based in Wisconsin. Contact Alexander at ashur@votebeat.org.

Votebeat is a nonprofit news organization reporting on voting access and election administration across the U.S. Sign up for Votebeat Wisconsin’s free newsletter here.

Wisconsin Elections Commission challenges Madison’s argument on absentee voting is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.

No, Mr. President. Wisconsin’s voter roll figures aren’t a sign of ‘fraud waiting to happen’

Arms of two people handling ballots on a table
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A misleading claim that Wisconsin has more registered voters than people eligible to vote is gaining traction on social media, including in posts shared this week by President Donald Trump. 

It’s just the latest in a long-running series of claims that misinterpret basic data about voter rolls to create alarm about the risk of voter fraud.

The posts circulating this week cite a video asserting that Wisconsin’s voter rolls contain more than 7 million names — far more than the state’s voting age population — and are overlaid with text reading, “This Is Not a Glitch — This Is Election Fraud Waiting To Happen.”

The video features Peter Bernegger, an entrepreneur who has been convicted of mail fraud and bank fraud. Bernegger has repeatedly promoted false theories about the 2020 election in Wisconsin legislative hearings and repeatedly filed unsuccessful lawsuits against election officials in search of proof for his claims. 

But his claim conflates two datasets in Wisconsin’s voter registration system: the Wisconsin voter list and active registered voters. 

A person in a blue shirt stands with one hand placed over their chest, facing to the side, while another person and a camera are visible blurred in the background.
Peter Bernegger is seen on Feb. 9, 2022, at the Capitol in Madison, Wis. (Mark Hoffman / Milwaukee Journal Sentinel)

As of July 2025, the state had about 8.3 million names on its list — in line with the number Bernegger cites. But of them, only 3.7 million were active registered voters. The remaining roughly 4.6 million are inactive voters. Inactive records include people who previously registered to vote but later moved out of state, died, lost eligibility because of a felony conviction, or were ruled incompetent to vote by a court. Those individuals haven’t been removed from the voter list, but because of their inactive status, they cannot vote unless they re-register, which requires proof of residency and a photo ID.

Bernegger claims in his video that the list of voters generally grows every day, going down only once every four years, when voters who haven’t cast a ballot in four years are sent postcards asking whether they want to remain registered and then removed from the active list if they don’t respond.

Part of that claim is true: Wisconsin never deletes voter records, so the total database of active and inactive registrations only grows. But the active voter roll, which includes only voters currently eligible to cast a ballot, can shrink

By email, Bernegger disputed Votebeat’s characterization of his claims but provided no further proof for them.

The confusion stems from a common misunderstanding about Wisconsin’s voter system, Wisconsin Elections Commission Chair Ann Jacobs, a Democrat, told Votebeat. The pollbooks used to check voters’ eligibility on Election Day contain only active voters, while the broader voter database also retains inactive records. 

The inactive records also detail why a voter was deactivated. Wisconsin state law allows for several reasons for a voter’s registration status to be changed from eligible to ineligible, but there’s no state law calling for the destruction of voter registration records, not even for a voter who has died.

And Jacobs said there’s a good reason for that: Keeping these inactive records indefinitely helps prevent fraud: If somebody tries to register using the identity of a dead voter, for example, clerks can flag that application because the prior record — including the reason it was deactivated — is still on file. 

“It’s actually pro-list-hygiene to have access to that information immediately,” she said.

Interstate databases also play a role in maintaining accurate voter rolls. One such organization, the Electronic Registration Information Center, has helped states including Wisconsin identify hundreds of thousands of voters each year who have moved across state lines and tens of thousands of voters who died. But the system has gaps. Some Republican-led states have left the program, leaving just 25 states and Washington, D.C., participating.

Experts say voter fraud is extremely rare, but Republicans have long argued that dirty voter rolls could enable fraud and reduce confidence. 

Similar misleading claims about voter rolls have circulated in other states, including Michigan, amplified by right-wing figures such as Elon Musk.

Democrats and many election officials typically support regular voter roll maintenance but warn that aggressive cleanup efforts may risk disenfranchising lawful, active voters

Wisconsin’s own data shows how infrequently fraud occurs. In its latest report, which covers five elections, the WEC identified just 18 potential instances of fraud. One relates to a voter seeking to vote in two states. Most involved voting after a felony conviction or double-voting by casting an absentee and in-person vote in the same election.

Correction: This story was updated to reflect the number of names on the state’s voter list was 8.3 million.

Alexander Shur is a reporter for Votebeat based in Wisconsin. Contact Shur at ashur@votebeat.org.

This coverage is made possible through Votebeat, a nonpartisan news organization covering local election administration and voting access. Sign up for Votebeat Wisconsin’s free newsletter here.

No, Mr. President. Wisconsin’s voter roll figures aren’t a sign of ‘fraud waiting to happen’ is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.

Wisconsin Elections Commission refuses to send Justice Department unredacted voter list

People stand at blue voting booths in a large indoor space as a person sits at a table in the background near signs reading "VOTE."
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The Wisconsin Elections Commission on Thursday declined to send the state’s unredacted voter rolls to the federal government, joining more than a dozen states pushing back against disclosing sensitive voter information.

The commission’s move comes as the U.S. Department of Justice has asked all 50 states for their voter files — massive lists containing significant personal information on every voter in the country — claiming they are central to its mission of enforcing election law. 

“The U.S. DOJ is simply asking the commission to do something that the commission is explicitly forbidden by Wisconsin law to do,” said Don Millis, a Republican appointee on the Wisconsin Elections Commission. “There’s a clear consensus that personally identifiable information is to be protected.”

While pieces of these lists are public, election officials typically redact voters’ Social Security numbers, driver’s license information and dates of birth before issuing them in response to records requests. The DOJ, in many cases, has asked for information not traditionally made public. That was also the case in Wisconsin: The DOJ requested voters’ partial Social Security numbers, license numbers and dates of birth. 

The Wisconsin Elections Commission — which is made up of three Democrats and three Republicans — ultimately voted in closed session to send the DOJ a letter declining the request for unredacted voter information. Republican commissioner Bob Spindell appeared to be the only member in favor of cooperating with the federal government and said Wisconsin will likely face a lawsuit as a result of the commission’s choice. 

The letter, signed by every commissioner except Spindell, says state law “explicitly prohibits” sending the unredacted voter list.

Officials in both Democratic and Republican states have pushed back on disclosing their voter rolls in response to these requests. On a podcast with conservative talk radio host Joe Pags, Assistant U.S. Attorney General Harmeet Dhillon said these states were refusing to cooperate because they were embarrassed that their voter rolls were not sufficiently cleared of inactive or unlawful registrants. 

Rather, many states, like Colorado, have said the federal government isn’t entitled to unredacted voter information that could put voters at risk. The DOJ, they say, has not provided sufficient explanation for how the data will be used.

In early December, after receiving a memorandum of understanding similar to the one sent to Wisconsin, Colorado Secretary of State Jena Griswold told the DOJ to “take a hike,” adding that she “will not help Donald Trump undermine our elections.” The DOJ sued Griswold just over a week later.

All 50 states were asked to turn over their voting rolls, Dhillon said on the podcast: Four states have voluntarily cooperated, 12 are in negotiations, and 14 have been sued by the DOJ over their refusal.

Wisconsin election officials have repeatedly said that federal officials can obtain the publicly available, and therefore redacted, voter roll the same way anybody else can: by purchasing it online for $12,500.

Alexander Shur is a reporter for Votebeat based in Wisconsin. Contact Shur at ashur@votebeat.org.

Votebeat is a nonprofit news organization reporting on voting access and election administration across the U.S. Sign up for Votebeat Wisconsin’s free newsletter here.

Wisconsin Elections Commission refuses to send Justice Department unredacted voter list is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.

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