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2d ago

Wisconsin Judge Keeps Voter-Roll Citizenship Check in Place as State Seeks Stay

State officials are seeking a stay, warning the directive would force a months-long overhaul of online voter registration.

A voter signs in before filling out a ballot in a presidential election Tuesday, Nov. 5, 2024, in Milwaukee, Wis. Angela Major/WPR
A voter enters a polling location Tuesday, Nov. 5, 2024, in New Berlin, Wis. Angela Major/WPR
In a motion filed on behalf of Wisconsin state agencies and officials, the state Department of Justice says a Waukesha County judge’s ruling creates new citizenship verification requirements for voters that can’t be met before the February deadline. It’s seeking a stay pending appeal.
A voter casts a ballot in the 2024 presidential election.

Overview

  • Waukesha County Judge Michael Maxwell ordered the Wisconsin Elections Commission to cross-reference all registered voters with Wisconsin Department of Transportation citizenship data before the Feb. 18, 2026 spring primary.
  • The judge paused his earlier bar on processing new registrations without proof of citizenship, leaving only the review of existing rolls in effect for now.
  • The Wisconsin Department of Justice moved for an immediate stay pending appeal, arguing the order is vague and exceeds statutory duties.
  • State filings say implementing verification would take months, risk disabling the electronic registration system, and affect roughly 200 online registrations per day.
  • A hearing on the stay request is set for Oct. 31, and officials note documented instances of noncitizen voting in Wisconsin have been exceedingly rare in recent years.