April 1st is Election Day in Wisconsin
President Donald Trump’s sudden, overbroad and sweeping executive order issued yesterday, just one week before Wisconsin’s nationally important and closely watched State Supreme Court election on April 1st is likely unconstitutional and destined to be rejected by federal and state courts and the U.S. Congress in part or completely.
It also does not and should not have any effect whatsoever on Wisconsin’s fast-approaching state election that will elect a new state supreme court justice, the State Superintendent of Public Instruction and local judges and public officials at all levels all over the state.
Why? Because Wisconsin elections are governed by state law, not federal executive orders and particularly those of questionable legal authority and constitutionality.
The Wisconsin Supreme Court election and all others on this Spring ballot are state elections and since none are federal, Trump’s federal demands and pronouncements do not and cannot affect how this state election is conducted. Coming as it does just 7 days before the nationally pivotal state election, Trump’s objective then must be to try to sow completely unjustifiable doubt and mistrust in a state election process that is by any measure one of the very best and most scrupulously honest and error-free in the nation, for his own selfish partisan advantage.
According to the current Chair and longtime Wisconsin Elections Commissioner and election law expert Ann Jacobs, almost every component of Trump’s Tuesday Executive Order has no relation or effect on Wisconsin election law or on Wisconsin voters. The Executive Order focuses on the National Voting Rights Act (NRVA) and attempts to require proof of citizenship for those persons using the NRVA to register to vote. Wisconsin is one of six states exempt from the NRVA and is prohibited by a state court ruling from using the NRVA form referenced in the Trump order. No voters in Wisconsin register to vote using that form because they are prohibited by Wisconsin law from doing so!
Demanding proof of citizenship is wrong and an unnecessary policy since federal law already prevents noncitizens from voting. The attempts to implement proof of citizenship mandates in some states have been challenged and struck down by courts because these measures prevent eligible citizens from exercising their right to vote by placing unreasonable and costly barriers to their access to the ballot box.
Finally, Trump’s order demands using a paper ballot or a paper ballot trail to back up optical scan voting – which Wisconsin has had in effect since 2005. There is a paper record of every vote cast in the state.
Wisconsin voters should treat Trump’s executive order like so many of the others he has issued since taking office on January 20th – with a great deal of skepticism and with the understanding that his order has no effect whatsoever on our state election which is under the jurisdiction of state law. Like the infusion of millions of dollars of out of state money from the richest person in the world and Trump’s close cohort Elon Musk, this vast Executive Order overreach is a cynical attempt to interfere, confuse and undermine the voters participating in Wisconsin’s April 1st state election.
Wisconsin voters should carry on as before and vote on or before April 1st. Just ignore the noise and chaos emanating from the White House concerning our elections. Be confident when casting your ballot in this Wisconsin Spring Election.
Jay Heck, Executive Director, Common Cause Wisconsin
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152 Johnson St, Suite 212
Madison, WI 53703
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