MADISON – The MacIver Institute for Public Policy condemns the Wisconsin Elections Commission’s (WEC) decision last week at its Dec. 11 special meeting to reject a U.S. Department of Justice (DOJ) request for full voter registration data needed to help identify and remove non-citizens from Wisconsin’s voter rolls. In a 5-1 vote, the bipartisan commission refused to sign a proposed Memorandum of Understanding (MOU) that would have allowed the sharing of sensitive voter information, citing state confidentiality laws as overriding federal authority.
“The WEC’s refusal to cooperate with the federal government on this critical election integrity matter is deeply troubling,” said MacIver Institute CEO Annette Olson. “Wisconsin voters spoke clearly when they overwhelmingly approved the ‘U.S. Citizens Only’ constitutional amendment. The commission should be working tirelessly to ensure only eligible citizens are voting, not erecting barriers to federal efforts aimed at the same goal.”
President Trump’s March 25, 2025, Executive Order on Preserving and Protecting the Integrity of American Elections directs federal agencies to enforce prohibitions on non-citizen voting and assist states in maintaining accurate voter rolls. The DOJ’s Dec. 2 request sought unredacted data including names, dates of birth, addresses, driver’s license numbers, and partial Social Security numbers to cross-reference against federal records for citizenship verification.
During the meeting, Republican Commissioner Bob Spindell cast the lone dissenting vote, arguing that Wisconsin Statutes § 6.36(1)(bm) explicitly permits sharing restricted voter data with law enforcement agencies for law enforcement purposes. Spindell maintained that the DOJ qualifies as such an agency and that identifying potential non-citizen registrations constitutes a valid law enforcement purpose.
The majority, however, rejected this interpretation, asserting that the statute is intended only for targeted investigations, not wholesale data transfers. Commissioners noted that a redacted public voter list remains available for purchase for $12,500 and offered that as an alternative, while concluding no federal law including the Help America Vote Act preempts Wisconsin’s confidentiality protections in this context.
This decision comes against the backdrop of strong voter and judicial mandates for cleaner rolls:
- Voter-Approved Constitutional Amendment: In November 2024, Wisconsin voters passed a constitutional amendment by approximately 70% declaring that “only a United States citizen age 18 or older” may vote in Wisconsin elections, reinforcing that non-citizen voting is prohibited.
- Cerny v. Wisconsin Elections Commission: An Oct. 3, 2025, Waukesha County Circuit Court ruling (Case No. 24-CV-1353) ordered the WEC to verify citizenship for new registrants using available state records and to audit existing rolls for non-citizens. Despite WEC statements downplaying non-citizen registration as minimal, Attorney General Josh Kaul immediately appealed the decision (Case No. 2025AP002318), delaying implementation.
- In a national poll conducted, 91% of voters want regular maintenance of voter rolls that includes removal of dead, moved, and non-citizen names per RMG Research conducted Jan 17-21-2025. This includes huge majorities of republican, democrat and independent voters polled.
“Wisconsin voters demanded election integrity with their 70% vote in 2024, and a circuit court affirmed the WEC’s duty to act,” added Olson. “Yet bureaucratic resistance at both the commission and the Attorney General’s office continues to block meaningful progress. Cooperation with legitimate federal requests should not be controversial.”
Democrats have blocked every effort to ensure our voter rolls are accurate. Governor Evers vetoed Senate Bill 98 (2023) on Dec. 6, 2023, blocking a Republican-backed measure that would have required the Wisconsin Elections Commission to cross-reference voter registration data with Department of Transportation records to verify citizenship status and identify potentially ineligible non-citizen registrants. The bill also mandated marking non-citizen driver’s licenses and ID cards with “Not Valid for Voting Purposes.”
The MacIver Institute calls on the WEC to reconsider its position, on Governor Tony Evers and the Legislature to provide clear guidance or statutory clarification if needed, and on federal authorities to continue pressing for the tools necessary to safeguard Wisconsin elections.
For more information on election integrity issues in Wisconsin, visit MacIverInstitute.com.
