AMERICANS FOR CITIZEN VOTING v. WEC

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.

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 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.