Landmark Only U.S. Citizen Vote Victory in Wisconsin
Written by Annette Olson, Chair of the Wisconsin State coalition and Chief Executive Officer for the John K. MacIver Institute for Public Policy and MacIver Impact, Inc.
On October 3, 2025, Waukesha County Circuit Court Judge Michael P. Maxwell issued a landmark ruling in Cerny v. Wisconsin Elections Commission, granting a writ of mandamus compelling the Wisconsin Elections Commission (WEC) to verify U.S. citizenship for every new voter registration using Department of Transportation records, or any other lawful means, while prohibiting any registration without such confirmation. The decision also required WEC to collaborate on auditing the state's nearly four million existing voter rolls to identify and remove non-citizens, with the process ordered to be substantially completed before the next statewide election.
However, rather than comply with Judge Maxwell’s Order, WEC and Attorney General Josh Kaul immediately appealed on inappropriate grounds. They did so despite the fact that WEC provided affidavit testimony explicitly stating that they would be able to do everything ordered by Judge Maxwell! The appeal was clearly a partisan decision by Attorney General Kaul and the only purpose it can have is to ensure that out voter rolls remain bloated and full of non-citizens.
In light of the appeal, which would have been decided by Wisconsin’s District IV Court of Appeals—the most liberal division located in Madison — and likely would have resulted in the case being held up in the appellate courts through next year’s elections, attorneys Mike Dean and Kevin Scott (an active partner in the WI EIN Coalition) asked the Judge to vacate his order temporarily so that they could conduct discovery into the underlying facts about how our voter rolls are maintained by WEC, and whether or not there are non-citizens voting in our state. Judge Maxwell granted their motion and has ordered the parties to produce a discovery plan.
The ruling is a major victory for election integrity because it brings common-sense interpretation to long-ignored state and federal laws mandating accurate voter lists, prevents potential vote dilution by ineligible non-citizens, restores public trust in the electoral process, and ensures that only qualified U.S. citizens participate in Wisconsin elections—protecting the fundamental principle of "one citizen, one vote."
Cerny v. WEC: Immediate and Ongoing Effects
Both Mike Dean and Kevin Scott handled this case pro bono. They have been tireless advocates for fair and honest elections and this decision, and the light the case is bringing to the issues we have with our voter rolls in Wisconsin, is a tremendous credit to them.
For more information on the case or to access the full decision, visit the Waukesha County Circuit Court records case number 2024CV001353.
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.