Wisconsin Citizen Voters Score a Major Win for Election Integrity in Showdown with Wisconsin Election Commission

MADISON – In a major win for election integrity and the protection of lawful votes, the Waukesha County Circuit Court has ruled in favor of petitioners Ardis Cerny and Annette Kuglitsch in their case against the Wisconsin Elections Commission (WEC) and the Wisconsin Department of Transportation (DOT). The decision, issued on October 3, 2025, by Judge Michael P. Maxwell, mandates that WEC verify U.S. citizenship for all new voter registrations and develop a plan to review existing voter rolls for potential non-citizens, ensuring that only eligible U.S. citizens participate in Wisconsin elections.

The ruling in Cerny v. Wisconsin Elections Commission (Case No. 24-CV-1353) addresses longstanding concerns about the integrity of Wisconsin’s voter registration process. Petitioners argued that WEC and DOT have a clear legal duty under state and federal law, including the Help America Vote Act (HAVA), to match and verify citizenship data to prevent non-citizens from appearing on voter rolls. The court agreed, rejecting WEC’s motion to dismiss and granting the petitioners’ requests for a writ of mandamus and temporary injunction.

Key elements of the court’s order include:

• Mandatory Citizenship Verification: WEC and local election officials are enjoined from accepting any voter registration—electronic or paper—without proof of U.S. citizenship, in addition to other existing requirements.
• Review of Current Voter Rolls: The parties must collaborate on a process to evaluate Wisconsin’s voter rolls, using DOT records or other lawful means, to identify and address any non-citizens. This review must be substantially completed before the next statewide election.
• Status Hearing: A follow-up hearing via Zoom is scheduled in 60 days to monitor progress and address remaining issues.

The case is being handled by attorneys Mike Dean and Kevin Scott of Waukesha County. Both Mike and Kevin have been tireless advocates for fair and honest elections and this decision is a tremendous credit to them.

“Mike and I appreciate the Judge’s courage in taking a stand for the law and the constitution of our state. We believe this is a decision that all citizens of the state can get behind as fair and accurate elections are favored by a vast majority of the state,” Attorney Kevin Scott said.

“This decision is a resounding affirmation of the principle that only legal votes should count in our elections,” said Annette Olson, CEO of The MacIver Institute and leader of Wisconsin’s Election Integrity Network (EIN) Coalition. “For too long, Wisconsin’s system has relied on self-affirmation without verification, risking the dilution of lawful votes by ineligible individuals. This ruling upholds the recent Wisconsin Constitution Amendment passed by 70% of Wisconsin voters last November, protecting the sacred right to vote for only U.S. citizens. We’re grateful the court recognized the irreparable harm at stake.”

The court emphasized that Wisconsin law requires “legal votes” cast by “legally qualified electors,” citing statutes such as Wis. Stat. § 6.02 and HAVA provisions that demand data matching for accuracy. Judge Maxwell criticized WEC’s position that it has no duty to prevent or remove non-citizens from voter rolls, calling it contrary to both state and federal mandates. The decision draws on U.S. Supreme Court precedents like Baker v. Carr and Gray v. Sanders, which protect against vote dilution, and recent Wisconsin cases such as Clarke v. Wisconsin Elections Commission.

“This ruling is a triumph for every Wisconsin voter whose voice deserves protection from dilution by unlawful ballots,” said Sharon Bemis, President of the Election Integrity Network (EIN). “It vindicates our relentless push for transparency and accountability, proving that courts will uphold the people’s will when agencies like WEC fall short.”

The ruling comes amid heightened national discussions on election security emphasizing that only U.S. citizens may vote. Advocates for election integrity hail the decision as a model for other states, ensuring compliance with laws designed to maintain accurate and secure voter lists.

“Voters have spoken loudly: Only U.S. citizens vote in Wisconsin,” said Cleta Mitchell, founder and chair of Election Integrity Network (EIN). “This court order ensures WEC finally acts on that mandate, closing loopholes that undermine trust. It’s a blueprint for states nationwide facing similar resistance.”

In typical form, Josh Kaul, Attorney General for Governor Tony Evers’ State Justice Department, rushed to seek a stay on the order and are intentionally failing to honor the will of Wisconsin voters who supported the Only US Citizens Vote Constitutional Amendment by trying to stop this key ruling.

For more information on the case or to access the full decision, visit the Waukesha County Circuit Court records case number 2024CV001353.

This press release may be reprinted in part or in whole with proper attribution to The MacIver Institute, its CEO Annette Olson and Election Integrity Network and Chairman Cleta Mitchell. Interviews and any other media inquiries may be arranged by contacting The MacIver Institute is a non-partisan think tank advancing free-market principles, limited government, and individual liberty in Wisconsin through research, education, and advocacy. Election Integrity Network is a non-partisan, non-profit organization uniting state and national organizations to promote transparent, secure elections and empowering citizens to defend the integrity of the voting process.

NOTE: This press release was submitted to Urban Milwaukee and was not written by an Urban Milwaukee writer. While it is believed to be reliable, Urban Milwaukee does not guarantee its accuracy or completeness.