Overview
A recent report from the Wisconsin Institute for Law and Liberty (WILL) highlights a loophole in the state’s voter ID laws, allowing over 144,000 individuals to vote without providing identification by claiming “indefinitely confined” status. This classification, originally intended to aid the elderly and disabled, saw a dramatic rise during the 2020 election and continues to be a point of concern for election integrity advocates. Despite efforts to address the issue, many voters remain on the list who no longer qualify.
Why It Matters
This loophole undermines voter ID laws and poses a threat to election security, potentially allowing for voter fraud and diminishing confidence in Wisconsin’s electoral process.
Who It Impacts
The issue predominantly affects Wisconsin voters, particularly in areas like Milwaukee and Madison, where the highest numbers of indefinitely confined voters reside.
The Wisconsin Institute for Law and Liberty (WILL) has raised alarms over a significant loophole in the state’s voter ID law, revealing that more than 144,000 voters have been able to cast absentee ballots without showing identification. This loophole centers around a provision allowing individuals to declare themselves “indefinitely confined,” a designation intended to assist those who are elderly or disabled and unable to vote in person. However, the report suggests that this category has been overused, particularly during the 2020 election.
In the latest findings, indefinitely confined voter numbers remain high, despite the easing of COVID-19 restrictions. WILL researcher Will Flanders noted that as of July 2024, the number of indefinitely confined voters remains 116% higher than in 2016, although it has decreased somewhat from the unprecedented levels of the 2020 election. Flanders explained that state law mandates voters be removed from the indefinitely confined list if they vote in person or fail to vote in an election. However, he argued that many voters who fall under these criteria are still listed as indefinitely confined.
Specifically, the report identified nearly 30,000 voters who should have been removed from the list under state guidelines, including individuals who did not vote in the April election or have not voted since 2020, as well as those who voted in person but have not been removed from the indefinitely confined rolls. The areas with the most indefinitely confined voters are primarily Democratic strongholds such as Milwaukee and Madison, but the report also noted substantial numbers in politically divided regions like Green Bay and Kenosha.
The indefinite confinement rule was designed as a safeguard for those who cannot physically attend polling places due to age or disability. However, during the 2020 election, local election officials in Milwaukee and Madison controversially advised that any voter could claim this status due to the pandemic. This guidance was later overturned by the Wisconsin Supreme Court, but by then, tens of thousands had taken advantage of the exemption.
WILL has argued for stricter oversight of this provision to ensure that only those who genuinely qualify remain on the list. The organization has reached out to 15 municipalities across Wisconsin to inquire about their compliance with state law in maintaining accurate voter rolls. Flanders emphasized the importance of preserving the integrity of the state’s elections and restoring public confidence, which he described as being at dangerously low levels in Wisconsin and across the country.
Election security remains a focal issue, particularly with Wisconsin poised to play a pivotal role in the upcoming 2024 presidential election. Polls show a tight race between former President Donald Trump and Vice President Kamala Harris, and any concerns over voter fraud or manipulation could impact the election’s outcome in this crucial battleground state.
While the loophole in Wisconsin’s voter ID laws has been widely criticized, efforts to tighten the system have faced resistance, particularly from the state’s governor, who has not taken action to address the issue since the 2020 election. Election officials and local clerks are now tasked with resolving the problem as much as possible before voters head to the polls in 2024.
Ensuring the integrity of the electoral process is paramount, especially as public confidence continues to wane. The indefinite confinement loophole, though originally created to aid vulnerable voters, has grown beyond its intended purpose. Moving forward, it’s essential that election officials ensure compliance with the law to prevent any exploitation of the system, safeguard the value of each vote, and maintain trust in Wisconsin’s elections.
