Wisconsin Elections Commission refuses to send Justice Department unredacted voter list

This article was originally published by Votebeat, a nonprofit news organization covering local election administration and voting access.

The Wisconsin Elections Commission on Thursday declined to send the state’s unredacted voter rolls to the federal government, joining more than a dozen states pushing back against disclosing sensitive voter information.

The commission’s move comes as the U.S. Department of Justice has asked all 50 states for their voter files — massive lists containing significant personal information on every voter in the country — claiming they are central to its mission of enforcing election law.

“The U.S. DOJ is simply asking the commission to do something that the commission is explicitly forbidden by Wisconsin law to do,” said Don Millis, a Republican appointee on the Wisconsin Elections Commission. “There’s a clear consensus that personally identifiable information is to be protected.”

While pieces of these lists are public, election officials typically redact voters’ Social Security numbers, driver’s license information, and dates of birth before issuing them in response to records requests. The DOJ, in many cases, has asked for information not traditionally made public. That was also the case in Wisconsin: The DOJ requested voters’ partial Social Security numbers, license numbers, and dates of birth.

The Wisconsin Elections Commission — which is made up of three Democrats and three Republicans — ultimately voted in closed session to send the DOJ a letter declining the request for unredacted voter information. Republican commissioner Bob Spindell appeared to be the only member in favor of cooperating with the federal government and said Wisconsin will likely face a lawsuit as a result of the commission’s choice.

The letter, signed by every commissioner except Spindell, says state law “explicitly prohibits” sending the unredacted voter list.

Officials in both Democratic and Republican states have pushed back on disclosing their voter rolls in response to these requests. On a podcast with conservative talk radio host Joe Pags, Assistant U.S. Attorney General Harmeet Dhillon said these states were refusing to cooperate because they were embarrassed that their voter rolls were not sufficiently cleared of inactive or unlawful registrants.

Rather, many states, like Colorado, have said the federal government isn’t entitled to unredacted voter information that could put voters at risk. The DOJ, they say, has not provided sufficient explanation for how the data will be used.

In early December, after receiving a memorandum of understanding similar to the one sent to Wisconsin, Colorado Secretary of State Jena Griswold told the DOJ to “take a hike,” adding that she “will not help Donald Trump undermine our elections.” The DOJ sued Griswold just over a week later.

All 50 states were asked to turn over their voting rolls, Dhillon said on the podcast: Four states have voluntarily cooperated, 12 are in negotiations, and 14 have been sued by the DOJ over their refusal.

Wisconsin election officials have repeatedly said that federal officials can obtain the publicly available, and therefore redacted, voter roll the same way anybody else can: by purchasing it available online for $12,500.

Alexander Shur is a reporter for Votebeat based in Wisconsin. Contact Alexander at [email protected].

Votebeat is a nonprofit news organization covering local election integrity and voting access. Sign up for their newsletters here.