Wisconsin Judge Rules on Voter Citizenship Verification

A judge in Wisconsin has mandated that elections officials must verify the U.S. citizenship of all registered voters and new registrants by February 2026. The state’s Justice Department is seeking a stay on this order, citing that it would necessitate major changes to the voter registration system and potentially infringe on voting rights.

The Wisconsin Department of Justice represents the Wisconsin Elections Commission (WEC), which includes legal defense, compliance advice, and litigation handling for the Commission.

Concerns were raised by two Milwaukee voters through a lawsuit addressing the conduct of elections ahead of the upcoming 2024 presidential election. While state law stipulates that voters must be U.S. citizens, officials are not currently required to verify evidence of citizenship.

In a recent ruling, Waukesha County Circuit Judge Michael Maxwell ordered the WEC to assess the state’s voter rolls ahead of the spring primary election on February 18, 2026, to check for illegal registrations and ensure that all new voters are confirmed citizens.

Wisconsin boasts around 3.6 million registered voters. The ruling will require the WEC to compare registration information with data from the state Department of Transportation and other databases. However, it remains unclear how the commission will verify citizenship for those without driver’s licenses.

Judge Maxwell stated that the WEC is “violating state and federal law by maintaining an election system that may include individuals on the voter rolls who aren’t legally entitled to vote in Wisconsin.”

He also noted that the state has neglected its fundamental responsibility to ensure only legal voters are on the rolls.

Republican Commissioner Don Millis expressed support for the citizenship checks but acknowledged concerns regarding the commission’s ability to meet the February deadline.

Millis remarked, “To me, it’s more than just a badge of honor. It is inconceivable to argue that the commission has no obligation to remove noncitizens from the voter rolls.”

In response, the Wisconsin Department of Justice has requested an immediate halt to the order, with Democratic Attorney General Josh Kaul—who may run for governor—claiming the ruling necessitates extensive changes to the registration system.

Kaul pointed out that “significant changes” would require months of development and testing before implementation, noting that extra time would be needed for voters to gather necessary documents like a U.S. passport.

At the Justice Department’s request, part of the ruling will be suspended, allowing new voter registrations to continue without proof of citizenship. Nonetheless, the ruling directing WEC to cross-check voter rolls with the Department of Transportation records still stands.

A hearing regarding the state’s full stay request is set for October 31, 2025.