ZIGNEGO ET AL V. WISCONSIN ELECTION COMMISSION ET AL

Case Name: Zignego et al v. Wisconsin Election Commission et al

Type of Case: Declaratory Judgment; Good Government

Court: Ozaukee County Circuit Court, Wisconsin Court of Appeals, Wisconsin Supreme Court

Case Number: 19-CV-449, 19-AP-2397, 20-AP-112

Filed On: November 13, 2019

Current Status: The Wisconsin Supreme Court issued a 5-2 decision on April 9, 2021 that the Wisconsin Elections Commission (WEC) does not have a duty to remove voters from the rolls who have been flagged as having moved from their voting address.

Background: Wisconsin must maintain accurate and up-to-date voter registrations precisely because our state has made it easy to vote and easy to register. Ensuring that voters are voting from the proper residence is critical because:

  • The state has an obvious interest in only counting the ballots of eligible voters.
  • It enfranchises voters by reducing the likelihood of lines and confusion at the polls.
  • It allows election administrators with the ability to better plan for election day.

To this end, Wisconsin law has established procedures to ensure and maintain accurate voter rolls. Wisconsin participates with 28 other states in the Electronic Registration Information Center (ERIC). ERIC flags “movers” – individuals who report an official government transaction from an address different than their voter registration address – to state election agencies.

The Wisconsin Election Commission first reviews the information on “movers” for accuracy and reliability. State law then provides specific direction to WEC on how to handle “movers” flagged by ERIC.

  • WEC is to send a notice to the mover at the address of their voter registration.
  • A voter has 30 days to affirm whether they still live at the address.
  • If the voter affirms they live at the address – by returning the postcard or completing a brief form online – nothing happens.
  • If the voter takes no action for 30 days, WEC is to change the voter’s registration status from eligible to ineligible.

But on June 11, 2019 the Wisconsin Election Commission decided, contrary to state law, that changes in eligibility for a voter flagged as a “mover” by ERIC will not occur for 12 to 24 months.

The Lawsuit: WILL sued the Wisconsin Elections Commission, on behalf of three Wisconsin voters, because the state agency made a decision in 2019 to leave old and outdated voter registrations on the voter rolls for 12 to 24 months. At a hearing on December 13, 2019 Ozaukee County Circuit Court Judge, Paul Malloy, ordered the Wisconsin Elections Commission to immediately comply with state law – cleaning up the voter rolls and removing registrations from outdated addresses.

After a petition to bypass to the Supreme Court resulted in a 3-3 tie (Justice Kelly recused), the Court of Appeals issued a stay on Judge Malloy’s decision on January 14, 2020 and overturned and remanded the decision on February 28.

The Wisconsin Supreme Court agreed to hear the case in June 2020 and WILL President and General Counsel, Rick Esenberg, participated in oral arguments in September 2020.

Current Status: The Wisconsin Supreme Court issued a 5-2 decision on April 9, 2021 that the Wisconsin Elections Commission (WEC) does not have a duty to remove voters from the rolls who have been flagged as having moved from their voting address.

 

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