Wisconsin Supreme Court refuses to release voter records sought by conservative activist

MADISON, Wis. — The Wisconsin Supreme Court on Friday rejected an attempt by a conservative activist to obtain guardianship records in an effort to find ineligible voters, but the case could return.

The court did not rule on the merits of the case, instead saying in its 5-2 decision that a lower appeals court did not follow proper procedure when it issued a ruling saying the records should be released.

Here's what to know:

Conservative activist brought the case

The case tested the line between protecting personal privacy rights and ensuring that ineligible people can't vote.

Former travel agent Ron Heuer and a group he leads, the Wisconsin Voter Alliance, allege that the number of ineligible voters doesn't match the count on Wisconsin's voter registration list. Heuer asked the state Supreme Court to rule that counties must release records filed when a judge determines that someone isn't competent to vote so that those names can be compared to the voter registration list.

Justices lean on technicality to reject the case

The justices said the District II appeals court, based in Waukesha, was wrong to overturn a Walworth County Circuit Court ruling denying access to the records. In a nearly identical lawsuit, the District IV appeals court, based in Madison, had denied access to the records saying they were not subject to disclosure under the state public records law.

Justice Janet Protasiewicz, writing for the majority, said that the District II appeals court could have sent the case to the Supreme Court, explaining why the other appeals court ruling was incorrect.

If it follows the proper procedure for doing that, the case could end up right back before the Supreme Court again. In the meantime, the Supreme Court sent the case back to the appeals court for further action.

All four liberal justices were joined by conservative Justice Brian Hagedorn in the majority. He said the different branches of the appeals court must be unified in their actions.

Chief Justice Annette Ziegler and Justice Rebecca Bradley, both conservatives, dissented, saying the court ''leaves unresolved issues of great importance to voters, election officials, and people from whom courts have removed the right to vote due to incompetency."

Sam Hall, the attorney for Walworth County, praised the ruling.

''We all agree that election integrity is fundamental and our citizens must have confidence in our elective process, while also respecting the dignity of those individuals subject to guardianship orders,'' he said.

A court has the power to remove the right to vote from a person under a guardianship order if the person is determined to be unable to understand ''the objective of the election process.''

The attorney for Heuer did not immediately return an email seeking comment.

Case was one of several targeting 2020 election

The case was an attempt by those who questioned the outcome of the 2020 presidential race to cast doubt on the integrity of elections in the presidential swing state. Heuer and the WVA filed lawsuits in 13 Wisconsin counties in 2022 seeking guardianship records.

The District II appeals court in 2023 overturned a circuit court ruling dismissing the case and found that the records are public. It ordered Walworth County to release them with birthdates and case numbers redacted.

Heuer and the WVA have pushed conspiracy theories about the 2020 election in a failed attempt to overturn President Joe Biden's win in Wisconsin. Heuer was hired as an investigator in the discredited 2020 election probe led by former Wisconsin Supreme Court Justice Michael Gableman that found no evidence of fraud or abuse that would have changed the election results.

The WVA also filed two unsuccessful lawsuits that sought to overturn Biden's win in Wisconsin.

Trump won Wisconsin in 2024 after losing in 2020

Biden defeated Donald Trump by nearly 21,000 votes in Wisconsin in 2020, a result that has withstood independent and partisan audits and reviews, as well as lawsuits and the recounts Trump requested. Trump won Wisconsin in 2024 by about 29,000 votes.

There are no pending lawsuits challenging the results of the 2024 election or calls to investigate the outcome.