Wisconsin Judge Rules State Election Officials Can't Use Federal Voter Registration Form

Thursday, September 7th, 2023 -- 12:01 PM

(Jessie Opoien, Milwaukee Journal Sentinel) Wisconsin election officials cannot use a federal voter registration form accepted in most states, a Waukesha County judge has ruled.

According to Jessie Opoien with the Milwaukee Journal Sentinel, the conservative Wisconsin Institute for Law & Liberty sued the Wisconsin Elections Commission on behalf of Waukesha resident Richard Braun last September, asking Waukesha County Circuit Judge Michael Maxwell to bar the state from using the National Mail Voter Registration Form.

WILL attorneys argued the form, which is provided by the U.S. Election Assistance Commission, does not contain information required by state law and additionally collects information not authorized by state law.

They also argued WEC never properly authorized the form's use through the state's rule-making procedures. The elections commission argued that the form's use had been approved by one of the state's prior elections agencies. However, the commission was unable to provide evidence of that approval.

Maxwell's order found that WEC has "failed in (its) most basic duty" of prescribing voter registrations acceptable for use in Wisconsin by allowing voters to use the national form. The judge did not rule directly on whether the contents of the national form comply with Wisconsin law.

"Having determined that the National Form was never lawfully prescribed by WEC, the Court need not determine whether the National Form complies with (the state's voting laws)," Maxwell wrote.

Wisconsinites can register to vote online, in person at their municipal clerk's office or at their polling place on Election Day.

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