MADISON, Wis. — On Friday, the Wisconsin Supreme Court decided against a conservative activist’s effort to access guardianship records intended to identify ineligible voters, although the case may still be revisited in the future. The justices chose not to evaluate the case’s core issues, instead declaring in a 5-2 ruling that a lower appeals court failed to adhere to appropriate procedures when it ordered the release of these records.
A conservative activist named Ron Heuer, along with his organization, the Wisconsin Voter Alliance (WVA), has claimed that the number of ineligible voters does not correspond with the state’s voter registration figures. Heuer requested that the state Supreme Court mandate local counties to disclose records related to court rulings that determine a person’s competence to vote, allowing for the comparison of these names with the registered voter list.
In their ruling, the justices criticized the District II appeals court in Waukesha for overstepping by overturning a denial from the Walworth County Circuit Court related to these records. In a similar case, the District IV appeals court in Madison had previously denied access to such records, asserting that they fell outside the purview of public records law. Justice Janet Protasiewicz, representing the majority, stated that the District II court should have referred the case to the Supreme Court to clarify the error in the other court’s ruling. Should the appeals court follow the correct procedures, it’s possible that the case could again reach the Supreme Court. Meanwhile, the matter will return to the appeals court for additional consideration.
All four justices identified with the liberal wing aligned with conservative Justice Brian Hagedorn in this decision. Hagedorn emphasized the necessity for consistency across the various branches of the appeals court. However, the two conservative justices, Chief Justice Annette Ziegler and Justice Rebecca Bradley, expressed their disagreement, claiming that the ruling left critical questions unresolved that pertain to voters, election officials, and individuals deemed incompetent by the courts.
Walworth County’s attorney, Sam Hall, commended the ruling, affirming the value of election integrity and the necessity for citizens to trust the electoral process, while maintaining respect for the dignity of individuals under guardianship orders. Courts possess the authority to revoke an individual’s voting rights if they are deemed unable to comprehend “the objective of the election process.” Heuer’s attorney did not respond to requests for comments following the decision.
This case was one of numerous legal actions that emerged from those questioning the results of the 2020 presidential election, seeking to undermine confidence in the electoral process within a pivotal state. Heuer and the WVA had initiated lawsuits in 13 Wisconsin counties in 2022 aimed at obtaining guardianship records. The District II appeals court had previously cast aside a circuit court ruling that had dismissed the bid and ruled that the records should be considered public, requiring Walworth County to release them with certain personal information redacted.
Heuer and his organization have propagated various conspiracy theories surrounding the 2020 election, attempting unsuccessfully to contest President Joe Biden’s victory. Heuer was also involved as an investigator in a discredited election probe led by former Wisconsin Supreme Court Justice Michael Gableman, which uncovered no evidence of fraud that could have altered the outcome of the election. Additionally, the WVA filed two other lawsuits to contest Biden’s win, both of which failed.
In the 2020 election, Biden managed to defeat Donald Trump by a narrow margin of nearly 21,000 votes in Wisconsin, a result that has proven resilient against various audits, reviews, lawsuits, and recounts requested by Trump. In a turn of events, Trump successfully won Wisconsin in the following 2024 election by about 29,000 votes. At this stage, there are no active lawsuits challenging the outcomes of the 2024 election in Wisconsin, nor are there any calls to investigate the results.
