The Trump administration U.S. Justice Department has no authority at all to demand Wisconsin voter records that it has sought in federal court, the Wisconsin Justice Department said in federal court papers filed Thursday.
In addition, Attorney General Josh Kaul and assistant AG Charlotte Gibson wrote, the federal government has shown no evidence to justify assertions that a flood of ineligible voters could receive absentee ballots to vote in the coming August primary election and November general election.
Representing officials with the Wisconsin Elections Commission, the Wisconsin DOJ filed a five-page response Thursday with the 7th Circuit U.S. Court of Appeals, opposing the U.S. DOJ demand for Wisconsin’s unredacted voter list.
U.S. District Judge James Peterson dismissed the Trump administration’s lawsuit seeking the list May 21. The U.S. DOJ appealed the dismissal more than three weeks later with the 7 th Circuit on June 12, and the appeals court directed Wisconsin to file its response by Thursday.
In his dismissal ruling, Peterson declared that the unredacted voter list the DOJ has demanded isn’t a record the federal justice department can demand under the Civil Rights Act of 1960. The list contains voters’ personal information including birthdays, Social Security numbers and driver’s license details.
The Trump administration filing asked for “an expedited appeal” in order “to investigate Wisconsin’s compliance with federal law regarding voter registration under the National Voter Registration Act (NVRA) and the Help America Vote Act (HAVA).”
Wisconsin’s reply Thursday said Congress hasn’t granted the U.S. DOJ the power to “regulate Wisconsin’s voter list” under either the NVRA or HAVA. The feds have no regulatory authority under those two laws, the Wisconsin reply states.
Moreover, where Wisconsin is concerned, “US DOJ has even less to say: Wisconsin is exempt from NVRA’s list maintenance provisions because Wisconsin has offered same-day voter registration since 1994,” the Wisconsin response states.
In its appeal, the U.S. DOJ declared that among the hundreds of thousands of absentee ballots that will be sent to voters for the Nov. 3 elections, “many of those ballots” would go “potentially … to ineligible voters, fraudulent registrants, or other individuals who should not have been registered. Wisconsin voters need to know that their election is secure and that non-citizens, deceased individuals, former residents, non-residents, and voters with multiple records are not registered to vote in that election.”
Wisconsin dismissed that claim as unsubstantiated.
“US DOJ has presented no evidence that Wisconsin is rife with ineligible voters. Its motion asserts that ‘potentially’ ineligible people may vote.” Such “an unsupported, potential harm” doesn’t justify an emergency action such as the feds are seeking, the Wisconsin response declared.
The response said that with only a few months before the election, the U.S. Supreme Court has warned against “modifying election procedures this close to elections” to avoid voter confusion and to avoid discouraging voters from going to the polls.
Groups intervening in the cases responded as well on Thursday.
Law Forward, the Wisconsin democracy-focused nonprofit law firm, said in its response that the U.S. DOJ failed to show “good cause” for its demand.
“And despite the Appellant’s fact-free innuendo,” the U.S. DOJ “does not allege — let alone provide any actual proof of — any supposed ‘ineligible voters remaining on [Wisconsin’s] voter rolls,’” stated Law Forward’s response, representing the nonpartisan voting rights group Common Cause.
A response for the Wisconsin Alliance for Retired Americans and Forward Latino argued that the U.S. “DOJ’s lackadaisical pace in this litigation belies any need to expedite” the case. The groups are represented by Elias Law Group in Washington, D.C., an election- and voting rights-focused firm that works with progressive organizations.
The U.S. DOJ has made “baseless insinuations that upcoming elections will not be ‘secure’ if it does not get unprecedented access to personal voter information,” the response stated. “That unsubstantiated allegation is absurd.”
The federal lawsuit against Wisconsin “is one of 31 similar lawsuits commenced by [U.S.] DOJ as part of its unprecedented campaign to amass personally identifying information about every registered voter in the country,” the interveners’ response stated. “All eight federal courts to address DOJ’s claims to date have dismissed them,” with the dismissals now under appeal.
