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Background: Voters in the state”s presidential primary election register their votes at UW-Madison’s Memorial Union in Madison, Wis., April 2, 2024. (AP Photo/John Hart, Wisconsin State Journal, File). Inset: Waukesha County Circuit Judge Michael Maxwell (Judge Jack Pitzo).
Wisconsin residents must have their voter registration status reviewed before the next statewide election in February, a county judge ordered.
Waukesha County Circuit Judge Michael Maxwell’s ruling requires the Wisconsin Elections Commission (WEC) to “evaluate the current voter rolls” and see whether any non-U.S. citizens are registered. He also has directed the state’s regulatory agency for election laws to make sure all new registrants are lawful citizens.
In order to do this, election officials should match information contained in state Department of Transportation files or find matches by “other lawfully available means.” But how officials can verify those who do not have a driver’s license was not outlined.
Maxwell maintained that the WEC was “violating state and federal statutes by maintaining an election system that potentially allows individuals on to the voter rolls who may not be lawfully entitled to cast a vote in Wisconsin.”
The decision — which was prompted by an August 2024 lawsuit from a state resident — elicited swift responses.
U.S. Rep. Tom Tiffany, a Republican running for governor of Wisconsin, called the ruling “A BIG win for election integrity and what I’ve fought for in Congress.”
The Wisconsin Department of Justice, however, on behalf of the WEC, asked for an immediate stay of Maxwell’s order, suggesting such a review process would take time.
Wisconsin Attorney General Josh Kaul, a Democrat, said Maxwell’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,” per ABC News. Kaul was also considering a run for governor but just this week announced he would seek reelection as the state’s attorney general instead.
Maxwell reportedly scheduled a hearing on the request for a hold for Oct. 31, arguing an immediate stay would violate due process.
The conflict over voter registration in one of the country’s most hotly contested “swing” states illustrates the national divide over how elections should be conducted. Republicans, including President Donald Trump, have argued for stricter requirements for voters, while Democrats have insisted that certain suggestions or implementations — such as requiring proof of citizenship when registering to vote — will disenfranchise voters who do not have easy access to such documents.
Voter fraud has not been proven to be a significant problem in Wisconsin or elsewhere across the country. In The Badger State, the WEC — which is a bipartisan agency — has only reported four alleged cases of citizenship-related election fraud since the agency was created in 2015, per the Milwaukee Journal Sentinel.
Wisconsin will have a primary election on Feb. 17, 2026.