The News: On behalf of Americans for Citizen Voting (ACV), the Wisconsin Institute for Law & Liberty (WILL) filed a lawsuit seeking an emergency order blocking Wisconsin’s new law restricting who can circulate nomination papers. The law was recently signed by Governor Tony Evers. Based on earlier cases striking down nearly identical laws, Act 126 violates the First Amendment rights of candidates and their supporters to gather signatures on nomination papers.
Act 126 restricts who can circulate nomination papers, making it harder for candidates to qualify for the ballot during the current nomination period, which is open now and runs through June 1, 2026. If allowed to stand, the law sets a precedent for broader regulation of political speech, campaign activity, and grassroots advocacy.
The New Law: Wisconsin Act 126, signed by Governor Evers on March 21, 2026, imposes strict residency requirements on individuals circulating nomination papers for Wisconsin elections. This law makes a fundamental function of a political campaign (petition circulating) subject to a new residency requirement, violating the rights of candidates and any individual wanting to participate in the political process.
The Quote: WILL Vice President and Deputy Counsel, Daniel Lennington, said, “Principles matter far more than politics. Lawmakers shouldn’t abuse constitutional rights in search of short-term political results. This law is clearly unconstitutional: the First Amendment doesn’t stop at the state line.”
The Clients: WILL represents Americans for Citizen Voting (ACV), a group dedicated to ensuring only citizens vote in elections. ACV was supportive of a recent constitutional amendment that passed in Wisconsin to ban non-citizen participation in our elections.
Our Argument: Act 126 substantially burdens core political speech and associational rights protected by the First Amendment by shrinking the pool of available circulators and preventing candidates from associating with out-of-state supporters. Binding precedent in Krislov v. Rednour, 226 F.3d 851 (7th Cir. 2000) requires invalidation of the law. A previous Wisconsin law included similar restrictions and was struck down based on Krislov. See Frami v. Ponto, 255 F. Supp. 2d 962 (W.D. Wis. 2003).
WILL’s Nationally Recognized Work to Protect Wisconsin Elections: WILL has received national recognition for assessing the 2020 Presidential Election, and that comprehensive report is often used as the basis for reforming election laws and making them more secure. WILL also received national recognition for a report on Voter ID and is currently fighting for more transparency to audit Wisconsin’s voting rolls.
Read More:
- Complaint, April 2026
- Memo in Support, April 2026
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