Braun v. Wisconsin Elections Commission

December 21, 2022

Case Name: Braun v. WEC

Type of Case: Constitutional, elections

Court: Waukesha County Circuit Court

Filed On: September 15, 2022

Current Status: Filed in Waukesha County Circuit Court on September 15, 2022

WILL SUES WEC OVER ILLEGAL USE OF VOTER REGISTRATION FORM

November 15, 2022 | A registered Wisconsin voter and taxpayer sues the Wisconsin Elections Commission (WEC) in regards to the illegal use of the National Mail Voter Registration Form (“the Form”). 

The Lawsuit: WILL sent a letter back in July 2022, warning WEC of the Form’s illegal use in the state. Because the history of WEC’s approval of the voter registration form was unclear, WILL requested additional information relating to the process by which that approval occurred. To date, WEC has not identified when or by whom the Form was approved for use in Wisconsin.

The lawsuit alleges that WEC failed to comply with statutory requirements relating to required voter registration form content and violated rulemaking requirements by approving the Form without following the appropriate process.  The suit argues that use of the Form hinders uniformity and predictability around the administration of elections, and increases the risk of error.

BackgroundWEC’s Election Manual states that the Form is approved for voter registration in Wisconsin. While most states accept the Form, made available by the United States Election Assistance Commission, Wisconsin is not required to allow the form to be used in this State; and, the Form does not request information required by state law—such as information relating to residency and criminal record, among others. Additionally, because the Form requests information- relating to race and political party- not authorized by state statute, WEC must engage in rulemaking before approving these additional items. Unfortunately, WEC has both approved the legally insufficient Form and allowed the additional items without engaging in rulemaking.

CASE DOCUMENTS

Anthony Lococo

Anthony Lococo

Deputy Counsel

alococo@will-law.org

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