Wisconsin Supreme Court Blocks Access to Guardianship Voting Records

The Wisconsin Supreme Court ruled 5-2 on Tuesday that guardianship records, specifically Notice of Voting Eligibility forms, are not public documents. The decision in Wisconsin Voter Alliance v. Kristina Secord overturns a previous appeals court ruling and rejects a 2022 lawsuit filed by Ron Heuer and the Wisconsin Voter Alliance. Heuer had sought records from 13 counties to cross-reference them with voter registration lists to identify ineligible voters, an effort linked to challenges against Joe Biden's 2020 election victory.

Justice Janet Protasiewicz wrote for the majority, which included four liberal and one conservative justice, that state law prohibits the release of these records to protect seniors and individuals with disabilities from exploitation and discrimination. Protasiewicz stated the ruling is based on the legislature's intent to protect the privacy of those in guardianship proceedings.

Justices Annette Ziegler and Rebecca Bradley dissented. Ziegler argued the majority used an overbroad definition of records, asserting that a finding of incompetency is distinct from a finding that a person has lost the right to vote. In response to the ruling, the Wisconsin Freedom of Information Council expressed disappointment that access to public information was curtailed, while attorney Sam Hall of Walworth County praised the decision for protecting the dignity of vulnerable individuals.