The U.S. Department of Justice (DOJ) has formally accused the Wisconsin Elections Commission of violating federal election law by failing to provide a state-based complaint process for voters to challenge the commission itself. This alleged omission, according to the DOJ, contravenes the Help America Vote Act (HAVA) of 2002, which mandates that states establish a clear procedure for voters to file complaints regarding potential violations of federal election laws.
In a letter sent to the commission, the DOJ’s Civil Rights Division asserted that the absence of a mechanism to address grievances against the commission leaves complainants without a proper appeals process. The department warned that this deficiency could jeopardize future federal funding for Wisconsin’s election activities.
Commission Chairwoman Ann Jacobs responded to the DOJ’s allegations by highlighting a 2022 Wisconsin Supreme Court ruling that supports the commission’s current structure. She argued that it would be impractical and legally unsupported for the commission to adjudicate complaints against itself. Jacobs also noted that Wisconsin currently receives no active federal election funding to be cut, as previous allocations have been expended.
Despite Jacobs’ dismissal of funding threats, the DOJ’s letter has prompted the Republican-led state budget committee to delay a funding decision for the commission. Committee co-chair Sen. Howard Marklein stated that the delay is necessary to assess potential impacts of the DOJ’s findings on the commission’s operations and budget.
This development marks the second time in a week that the DOJ has targeted election leaders in battleground states. Previously, the department accused North Carolina’s election board of violating federal law by failing to ensure voter registration records of some applicants contained identifying numbers.
The Wisconsin Elections Commission, established in 2016 to administer and enforce election laws in the state, has been under scrutiny since the 2020 presidential election. The commission’s guidance during the election, particularly regarding absentee ballot drop boxes, has been a point of contention among state Republicans. Despite multiple reviews finding no widespread fraud, calls for changes to the commission’s structure and operations have persisted.
The DOJ’s recent action underscores ongoing tensions between federal authorities and state election bodies over compliance with federal election laws. As the 2026 midterm elections approach, the outcome of this dispute could have significant implications for election administration in Wisconsin and potentially influence similar debates in other states.
