MADISON, Wis. — The Trump administration has raised concerns over the Wisconsin Elections Commission, alleging it lacks a state-based complaint mechanism for voters to address grievances against the commission itself. This alleged deficiency is viewed by the administration as a breach of federal law, prompting threats to withdraw all federal funding. However, confusion arises as the commission’s Democratic chairwoman counters that no federal funds are in place to be withdrawn.
Ann Jacobs, the commission’s chairwoman, expressed contention towards accusations from the Department of Justice’s letter received a day earlier. She described the premise of the accusations—that the commission should self-evaluate complaints made against it—as impractical. “If someone files a complaint against us, are we expected to conduct a hearing to validate if we erred?” Jacobs questioned, highlighting the dysfunctionality of such a proposal.
This action marks another instance in a series of recent challenges by the Trump administration targeting election authorities in key battleground states. Just a week prior, North Carolina’s election board found itself under scrutiny from the Justice Department, faced with accusations of contravening federal law due to insufficient voter registration identifiers.
The latest communication from the Justice Department’s Civil Rights Division argues that Wisconsin has not adhered to the Help America Vote Act. Specifically, it claims there is a lack of a procedural avenue within the state to address allegations against the state elections commission regarding potential breaches of the 2002 federal statute. Justice Department attorneys asserted that complainants subjected to potential Help America Vote Act violations by the commission are left without any recourse or the ability to appeal, leaving grievances unresolved.
John Smalley, a spokesperson for the Wisconsin Elections Commission, noted that the letter is under review, and currently, the commission has no official comment. Nevertheless, Jacobs insists that the commission cannot be expected to adjudicate complaints against itself, a stance that was validated by a 2022 decision from the Wisconsin Supreme Court during a period when it was managed by conservatives.
Jacobs pondered the Justice Department’s expectations, reasoning, “It seems they are challenging our adherence to state law. It’s unclear what action they are expecting from us.”
The letter from the federal administration ominously references the state’s receipt of over $77 million from the U.S. Election Assistance Commission, indicating the potential halting of future financial support. However, Jacobs notes that these funds were allocated in past years, and currently, Wisconsin receives no such funding from the commission, nor is there any forthcoming, implying no financial leverage to exert a cut.
Yet, the warning could put at risk state-level financial allocations. The Republican leaders of the state Legislature’s budget committee have decided to postpone a planned Thursday vote concerning the state funding appropriations for the Wisconsin Elections Commission slated for the next biennium. “We believe it’s prudent to pause,” articulated Sen. Howard Marklein, co-chair of the committee, emphasizing the necessity to evaluate the implications on the commission and potential budgetary impacts.