MacIver Comments on Trump Administration Suit Against WEC

MADISON – The John K. MacIver Institute for Public Policy released the following statement on the Trump Administration’s lawsuit against the Wisconsin Elections Commission for failing to turn over voter rolls to ensure they do not contain ineligible individuals.

“The lawsuit we all saw coming and anticipated, came to Wisconsin today,” MacIver CEO Annette Olson said. “The MacIver Institute has been working with the Election Integrity Network on election reforms to restore voter confidence in the outcomes of elections. Ensuring that voter rolls are properly maintained and in good clean condition should be the goal of WEC.

“We encourage WEC once again to comply with the DOJ request and stop the financial and emotional drain of the lawsuit on American citizens.”

Background

Last November, Wisconsin voters overwhelmingly affirmed their belief that only American citizens should have the right to vote by adding an amendment to the state constitution. Voters want confidence in the outcomes of elections.

President Trump's March 25, 2025, Executive Order on Preserving and Protecting the Integrity of American Elections directs federal agencies to enforce prohibitions on non-citizen voting and assist states in maintaining accurate voter rolls.

To comply with the EO, on Dec. 2, 2025, the U.S. DOJ sought unredacted data from the WEC, including names, dates of birth, addresses, driver's license numbers, and partial Social Security numbers to cross-reference federal records for citizenship verification.

WEC’s response? Request denied.

During a special called meeting last week, Republican Commissioner Bob Spindell cast the lone dissenting vote, arguing that Wisconsin Statutes § 6.36(1)(bm) explicitly permits sharing restricted voter data with law enforcement agencies for law enforcement purposes. Spindell maintained that the DOJ qualifies as such an agency and that identifying potential non-citizen registrations constitutes a valid law enforcement purpose.

The majority, however, rejected this interpretation, asserting that the statute is intended only for targeted investigations, not wholesale data transfers. The US DOJ disagrees, so they sued Wisconsin.

WEC’s decision comes against the backdrop of strong voter and judicial mandates for cleaner rolls:

Voter-Approved Constitutional Amendment: In November 2024, Wisconsin voters passed a constitutional amendment by approximately 70% declaring that "only a United States citizen age 18 or older" may vote in Wisconsin elections, reinforcing that non-citizen voting is prohibited.
Cerny v. Wisconsin Elections Commission: An Oct. 3, 2025, Waukesha County Circuit Court ruling (Case No. 24-CV-1353) ordered the WEC to verify citizenship for new registrants using available state records and to audit existing rolls for non-citizens. Despite WEC statements downplaying non-citizen registration as minimal, Attorney General Josh Kaul immediately appealed the decision (Case No. 2025AP002318), delaying implementation.
In a national poll conducted, 91% of voters want regular maintenance of voter rolls that includes removal of dead, moved, and non-citizen names per RMG Research conducted Jan 17-21-2025. This includes huge majorities of republican, democrat and independent voters polled.

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This press release may be reprinted in part or in whole with proper attribution to The MacIver Institute, its CEO Annette Olson and Election Integrity Network and Chairman Cleta Mitchell. Interviews and any other media inquiries may be arranged by contacting The MacIver Institute is a non-partisan think tank advancing free-market principles, limited government, and individual liberty in Wisconsin through research, education, and advocacy. Election Integrity Network is a non-partisan, non-profit organization uniting state and national organizations to promote transparent, secure elections and empowering citizens to defend the integrity of the voting process.