Wisconsin Supreme Court considers public access to voter eligibility documents
MADISON, Wis. (CBS 58) — The Wisconsin Supreme Court heard oral arguments Tuesday in a case that could determine whether certain voter eligibility documents are considered public records. The group Wisconsin Voter Alliance argues they should be.
The documents at the center of the case are known as GN-3180 forms, which are submitted to a court to determine whether someone is competent enough to vote. The Wisconsin Voter Alliance is seeking access to those forms to ensure individuals that are ineligible are not casting ballots.
According to court documents, the case dates back to 2022, when the Wisconsin Voter Alliance submitted a public records request to Walworth County. The group asked for records of people who had been deemed incompetent and not able to vote. The Walworth County clerk denied the request, but the group argues the information should be public.
“The whole point is to ensure the laws are followed and ensures that the privacy of these guardianships records are maintained, while the public record, that is who has the right to vote, is known,” Erick G. Kaardal, representing the Wisconsin Voter Alliance, said.
The Wisconsin Voter Alliance sought access to the names of people deemed ineligible to vote so they could cross-reference them with voting records to ensure they were not voting in the 2020 election. Attorneys representing the Walworth County clerk argued the information is sensitive.
“The confidentiality provisions in state statute don’t exist just to protect paper, they exist to protect information about individuals,” Samuel C. Hall Jr., representing Walworth County Clerk Kristina Secord, said. “In this case, it’s intended to protect private and personal information of the most vulnerable people in our community.”
During rebuttal, Disability Rights Wisconsin agreed with Walworth County, saying making the documents public could negatively affect people with disabilities.
“We agree that public access to records is broad, however the Legislature here has carved out a specific exception. Under public records law, statutory exceptions are recognized as a limitation to public records disclosures,” Taylor A. Gilbertson, representing Disability Rights Wisconsin, said.
“We want a copy of the communication out to the Wisconsin Election Commission, not a copy of the court file,” Kaardal said.
The court allotted 24 minutes for each side to argue, along with five minutes for rebuttal. A decision is expected at a later date.