The Wisconsin Supreme Court is scheduled to hear oral arguments Tuesday in a case brought by a conservative group that could determine whether sensitive information about people judged mentally incapable of voting is a public record.
It’s the second time justices will hear arguments in this case, which previously had been caught up in conflicting opinions issued by two of the state’s appeals court districts. It also became an attack point used by liberal Appeals Court Judge Chris Taylor in the most recent Wisconsin Supreme Court election, which she won by 20 points. Her opponent, Appeals Court Judge Maria Lazar, wrote an opinion supportive of the conservative group’s position, which was unusual because it contradicted another appeals court ruling in a separate case on the same issue.
The key question before justices on Tuesday is whether the information in Notices of Voting Eligibility should be publicly accessible. Courts send those forms to election officials after a judge in a guardianship case determines someone is not competent to cast a ballot. State law says “the fact that an individual has been found incompetent … is accessible to any person who demonstrates to the custodian of the records a need for that information.”.
The Wisconsin Voter Alliance is a conservative group led by Ron Heuer, who worked on the state’s partisan review of the 2020 presidential election results conducted by former Justice Michael Gableman. The alliance filed lawsuits in 13 counties arguing that access to the information about voters who have been judged incompetent would show inconsistencies with the state’s voter rolls. Gableman’s investigation ended ignominiously, and he’s now facing a three-year suspension of his law license for his unprofessional conduct.
Heuer said he “never expected” the high court to take the case back on appeal.
“We are well within our bounds here to have access to that data,” he said.
In 2023, a review conducted by the Dane County clerk at the request of Wisconsin Watch found 95 individuals who previously cast ballots despite a court declaring them unable to do so, though administrative error and people moving to different municipalities explained many of those cases, rather than any kind of intentional voter fraud. Election officials and state lawmakers previously identified a need for a legally binding process to track adjudicated incompetent voters, though no bill has passed to fix the holes in the system.
The Wisconsin Elections Commission also conducted a review of adjudicated incompetent voters, which was completed in 2023, and communicated with local register in probate offices to make sure records were accurate ahead of the 2024 elections, said spokesperson Emilee Miklas.
Miklas declined to comment on the Wisconsin Voter Alliance case, but noted the commission has previously asked for legislative changes to better track those voters.
Republicans this session proposed a bill that would have required circuit courts to notify the Wisconsin Elections Commission by email about a determination of voter incompetency and then the commission would have had three business days to update that person’s voter status and notify a local clerk. The bill passed the Assembly in November, but died after it did not receive a hearing in the Senate. Gov. Tony Evers vetoed a bill with similar language and other provisions during the 2023 legislative session because other elements in the bill could cause ballots with minor errors to be discarded.
Disability advocates remain concerned that the details on Notices of Voting Eligibility forms, if made public, can put already vulnerable populations at risk of exploitations or scams. The forms sought by the WVA can include a person’s name, address and date of birth.
“We already know more about them from the fact that they’ve been found incompetent than you know about the average person you pass on the street,” said Polly Shoemaker, an attorney with the Wisconsin Guardianship Support Center. “So there’s that, and then there’s the fact that it’s these folks who can be very easily taken advantage of.”
How we got here
The high court last held oral arguments in September 2024 following conflicting opinions issued in separate but similar cases in the Madison-based 4th District Court of Appeals and the Waukesha-based 2nd District.
Justices in January 2025 only reached an opinion on the 2nd District’s decision, which was released after the 4th District’s ruling was published as precedent. The high court did not rule last year on whether the Notices of Voting Eligibility are accessible as public records.
The 4th District in November 2023 affirmed a Juneau County decision that the sensitive information about those voters is not open for public disclosure. A judicial committee on Dec. 21, 2023, published the 4th District’s opinion as precedent.
Then, on Dec. 27, 2023, the 2nd District ruled that the WVA had a right to the records, overturning a Walworth County court’s decision and clashing with the precedent set in the 4th District case. Lazar and Appeals Court Judge Shelley Grogan made up the majority with liberal Judge Lisa Neubauer dissenting.
The 2nd District revised the appeals decision in March 2025 after the state Supreme Court’s opinion, and the WVA petitioned for justices to hear the case again.
But the 2nd District opinion, written by Lazar, became a point of attack in the 2026 Wisconsin Supreme Court race. In the only debate ahead of the election, Taylor used the case to support her claim that Lazar “brought an extreme right-wing agenda to the bench.”
“She has refused to follow precedent,” Taylor said. “She ruled to release personal, private voting information to a right-wing group that tried to overturn our election. Thank goodness she was reversed by the state Supreme Court.”
In addition to the Wisconsin Voter Alliance case, the high court is also hearing oral arguments on Tuesday in another case on whether a child who was injured during birth has the right to pursue legal action against a doctor.
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