The Wisconsin Supreme Court has rejected a conservative activist's attempt to access guardianship records for potential ineligible voters. While the court did not rule on the case's merits, it cited procedural errors by a lower appeals court. The decision, which could be revisited, highlights the ongoing debate about balancing voter integrity with individual privacy rights.
The Wisconsin Supreme Court on Friday rejected an attempt by a conservative activist to obtain guardianship records in an effort to find ineligible voters, but the case could return. The court did not rule on the merits of the case, instead saying in its 5-2 decision that a lower appeals court did not follow proper procedure when it issued a ruling saying the records should be released.
The case tested the line between protecting personal privacy rights and ensuring that ineligible people can’t vote. \Former travel agent Ron Heuer and a group he leads, the Wisconsin Voter Alliance, allege that the number of ineligible voters doesn’t match the count on Wisconsin’s voter registration list. Heuer asked the state Supreme Court to rule that counties must release records filed when a judge determines that someone isn’t competent to vote so that those names can be compared to the voter registration list. \ The justices said the District II appeals court, based in Waukesha, was wrong to overturn a Walworth County Circuit Court ruling denying access to the records. In a nearly identical lawsuit, the District IV appeals court, based in Madison, had denied access to the records saying they were not subject to disclosure under the state public records law. Justice Janet Protasiewicz, writing for the majority, said that the District II appeals court could have sent the case to the Supreme Court, explaining why the other appeals court ruling was incorrect. If it follows the proper procedure for doing that, the case could end up right back before the Supreme Court again. In the meantime, the Supreme Court sent the case back to the appeals court for further action. All four liberal justices were joined by conservative Justice Brian Hagedorn in the majority. He said the different branches of the appeals court must be unified in their actions. Chief Justice Annette Ziegler and Justice Rebecca Bradley, both conservatives, dissented, saying the court “leaves unresolved issues of great importance to voters, election officials, and people from whom courts have removed the right to vote due to incompetency.” \The case was one of several targeting the 2020 election. The case was an attempt by those who questioned the outcome of the 2020 presidential race to cast doubt on the integrity of elections in the presidential swing state. Heuer and the WVA filed lawsuits in 13 Wisconsin counties in 2022 seeking guardianship records. The District II appeals court in 2023 overturned a circuit court ruling dismissing the case and found that the records are public. It ordered Walworth County to release them with birthdates and case numbers redacted. Heuer and the WVA have pushed conspiracy theories about the 2020 election in a failed attempt to overturn President Joe Biden’s win in Wisconsin. Heuer was hired as an investigator in the discredited 2020 election probe led by former Wisconsin Supreme Court Justice Michael Gableman that found no evidence of fraud or abuse that would have changed the election results. Trump won Wisconsin in 2024 after losing in 2020. Biden defeated Donald Trump by nearly 21,000 votes in Wisconsin in 2020, a result that has withstood independent and partisan audits and reviews, as well as lawsuits and the recounts Trump requested. Trump won Wisconsin in 2024 by about 29,000 votes.
Wisconsin Supreme Court Ineligible Voters Voter Registration Ron Heuer Wisconsin Voter Alliance 2020 Election Election Integrity Privacy Rights
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