Voters Sue Election Commission Over Alleged Duty Default

A lawsuit filed in mid August accuses the Wisconsin Elections Commission and the Wisconsin Department of Transportation of defaulting on their duties to protect the rights of voters throughout the state from illegally cast ballots.

On behalf of herself and other lawful Wisconsin voters, Pewaukee resident Ardis Cerny is suing the Wisconsin Elections Commission, the Wisconsin Department of Transportation, and the officials who direct those agencies. Wisconsin law requires every person who registers to vote to certify that he or she is a U.S. citizen. Wisconsin law also requires every person who applies for a driver’s license or identification card to submit “valid documentary proof that the individual is a citizen or national of the United States or an alien lawfully admitted,” and requires the Transportation Department’s Division of Motor Vehicles (DMV) to store that information. 

The federal Help America Vote Act (HAVA) requires Wisconsin and other states to each create a statewide computerized voter list. HAVA also requires the chief officials of the election commission and transportation department in each state to match information in their databases “to verify the accuracy of the information provided on applications for voter registration.” The Wisconsin law enacted to comply with HAVA also requires those officials to match information in their databases to “verify the accuracy of the information provided for the purpose of voter registration.” (LEARN MORE: How To Protect Your Local Elections Today)

Both state law and a federal court decision confirm that citizenship is information included in the voter database. 

Cerny alleges that the Commission and Transportation Department are violating their duty to match information necessary to verify the accuracy of citizenship information submitted by voter registration applicants and is requesting the court to order them to do so immediately. 

More Details Emerge

Cerny alleges that over the last 10 years, the DMV rejected .48 percent of 11,018 applications for voter ID cards because of false citizenship certifications. In the same 10-year period, 3,194,786 new registered voters were added to the state voter list. If the same .48 percent of voter registration applicants also submitted false citizenship certifications, the number of non-citizens illegally registered to vote in Wisconsin would exceed 15,000.  For Perspective, the last two Presidential elections in Wisconsin were decided by 20,682 and 22,748 votes.  

But the percentage of voter registration applicants who falsely certify citizenship is likely far higher because ID card applicants know that the DMV will verify citizenship, but voter registration applicants know that the Commission will not.

Cerny alleges that Wisconsin law requires driver’s licenses and ID cards to show both birth and expiration dates, and that local election officials can easily identify non-citizens who present them at the polls because a non-citizen’s license or ID card expires when his or her legal status terminates, which is almost always different than the birth date.

But there are reports that the Commission has even instructed local elections officials not to look at those calendar dates or question prospective voters if the dates are different. Cerny does not allege that she knows whether or how many non-citizens are included in Wisconsin’s s voter database. (LEARN MORE: Interview Suggests New Evidence On Voter Machine Issues In 2020)

And that is the problem. By failing to match information in their databases, the Commission and Transportation Department make it impossible to know how many non-citizens are in the voter database and deprive Wisconsin and the nation of transparency and confidence in the integrity of the state’s elections.

National Problem?

Since the start of the Biden-Harris administration, an estimated 10 to 22 million illegal immigrants have violated U.S. law by entering the U.S. illegally. But the Commission and Transportation Department are still not verifying citizenship or rejecting applications of any of those illegal immigrants in Wisconsin who again violate U.S. law by registering to vote.

Wisconsin has a ballot initiative amending the state constitution to ensure that only citizens are legally able to vote. Ironically, the Commission and Department’s failure to verify citizenship removes disincentive and consequences for those illegally registering to vote to defeat the very amendment that would prevent them from doing so. (LEARN MORE: State Finds County Violated Election Law In 2022)

And this isn’t just a problem for Wisconsin. It doesn’t appear that our current administration is concerned about the obvious threat to our democracy. 

Just before the assassination attempt against former President Donald Trump in July, the House passed the Safeguard American Voter Eligibility Act (SAVE), designed to ensure that only U.S. citizens are registered to vote. If passed, the SAVE Act would have required states to verify citizenship for upcoming elections, review existing federal-election voter files, and remove any noncitizens. 

It is difficult to imagine a greater threat to democracy than allowing non-citizens to decide razor-thin U.S. elections, but the Democrat-run Senate and the Biden-Harris White House have vowed to stop the SAVE Act designed to prevent that silent coup from happening.

Don’t Let Our Elections Be Hijacked In November

Did you know that you, your family, and friends can send letters directly to your elected officials today? We can tell your leaders what you want from their time in office, and what you expect from our federal government. Letter-writing campaigns, or even just a single letter, can be enough to sway policy and prompt investigations.

Tell your lawmakers how important the SAVE Act is to you today because all of us deserve to live in an America that puts Americans first. Sign up for millionvoices.org today (text MV to 80550) and share this article with your friends and family so they can stay informed and become citizen lobbyists in the pursuit of faith and freedom across our great nation.