In a significant decision, the Wisconsin Supreme Court has put an end to a prolonged legal battle by denying a conservative activist’s request to access guardianship records in a bid to identify ineligible voters in the state. This ruling marks a pivotal moment in the ongoing debate between voter privacy and election integrity.
The case, initiated by former travel executive Ron Heuer and his group, the Wisconsin Voter Alliance (WVA), has been making its way through the courts for several years. The primary aim was to challenge the legitimacy of President Joe Biden’s 2020 victory over Donald Trump in Wisconsin.
A Conservative Activist’s Legal Challenge
The lawsuit, filed in 2022 by Heuer and the WVA, questioned discrepancies between the number of ineligible voters and the official voter registration list. Although the lawsuit did not specify the number of potentially affected voters, it sought to have counties release records that judges use to determine voter incompetency.
Heuer’s attorney, Erick Kaardal, proposed that sensitive information on the records could be redacted to protect privacy while still allowing for public scrutiny. However, Sam Hall, the attorney for Walworth County, countered that access to complete records, including names and addresses, would be necessary to verify ineligible voters.
Hall commended the court’s decision, emphasizing its role in safeguarding the privacy and dignity of vulnerable individuals. Kaardal did not immediately respond to requests for comment.
In Wisconsin, a guardianship order can revoke an individual’s voting rights if a court deems them incapable of understanding the election process.
Liberal Justices Deny the Request
The Wisconsin Supreme Court, in a 5-2 decision, ruled against making the guardianship records public. This decision was supported by the court’s liberal majority and conservative Justice Brian Hagedorn, who maintained that the records were not public documents.
Earlier, two state appeals courts had issued conflicting rulings on the matter. While a Madison-based appeals court opposed the release of the records, another in Waukesha had ruled in favor of making them public, albeit with certain information redacted.
Justice Janet Protasiewicz, writing for the majority, stated that the state law clearly indicates the records are not public and rejected the Alliance’s right to access them. Conservative justices Annette Ziegler and Rebecca Bradley dissented, arguing that the forms indicating voter ineligibility should fall under open records law.
Part of a Larger Pattern of Election Disputes
This case is among several efforts aimed at challenging the 2020 presidential election outcome in Wisconsin. Heuer and the WVA previously filed lawsuits in 13 counties to obtain similar records.
Despite their persistence, Heuer and the WVA’s attempts to cast doubt on Biden’s victory in Wisconsin have not succeeded. Heuer also participated in a controversial investigation led by former Wisconsin Supreme Court Justice Michael Gableman, which found no evidence of election fraud significant enough to alter the results.
Election Outcomes and Beyond
In the 2020 election, Biden defeated Trump in Wisconsin by nearly 21,000 votes, a result that held up against various audits and reviews. In a shift, Trump won the state in 2024 by approximately 29,000 votes. Currently, there are no active legal challenges to the 2024 election results.
