The Wisconsin Supreme Court issued a decision on Tuesday, rejecting a request from a conservative activist group to access court guardianship records. The plaintiffs, led by former travel executive Ron Heuer and the Wisconsin Voter Alliance, had sought the records to identify individuals they claimed were ineligible to vote in the presidential battleground state. The legal effort, which began in 2022, was part of a broader series of challenges brought by conservatives following President Joe Biden’s 2020 victory over Donald Trump in Wisconsin.
Under Wisconsin law, courts grant guardianship orders to individuals determined unable to make life decisions, and judges have the authority to remove the right to vote if a person cannot understand the election process. Heuer and his attorney, Erick Kaardal, argued that these records should be made public—with sensitive data redacted—to allow for cross-referencing against voter registration lists. However, Walworth County’s attorney, Sam Hall, successfully argued that such access would inherently compromise the privacy and dignity of vulnerable individuals, as names and addresses would be necessary for any meaningful comparison.
The court’s 5-2 ruling saw the liberal majority joined by conservative Justice Brian Hagedorn to overturn a 2023 decision by a Waukesha-based appeals court that had previously ordered the release of records with birth dates and case numbers redacted. Writing for the majority, Justice Janet Protasiewicz stated that state law is clear that these records are not public and that the Alliance has no right to access them. Conversely, conservative Justices Annette Ziegler and Rebecca Bradley dissented, arguing that the court utilized an overly broad definition of incompetency records, contending that forms indicating a person is ineligible to vote should be subject to open records laws.
The Wisconsin Freedom of Information Council noted that while it is generally disappointing when public access is curtailed, the court’s ruling was narrowly tailored and likely to have a limited impact. This case follows a history of litigation by Heuer and the Wisconsin Voter Alliance, who previously filed lawsuits in 13 Wisconsin counties and participated in a discredited 2020 election probe led by former Justice Michael Gableman, which uncovered no evidence of widespread fraud. While Biden defeated Trump by nearly 21,000 votes in 2020—a result upheld by multiple audits and recounts—Trump secured a victory in the 2024 election by approximately 29,000 votes. Currently, there are no active legal challenges or investigations regarding the 2024 election results in the state.
The entrance to the Wisconsin Supreme Court chambers is seen in the state Capitol in Madison, Wis., March 14, 2024. (AP Photo/Todd Richmond, File)
The court took the case after two lower state appeals courts issued divergent rulings. One appeals court, based in Madison, denied access to the records while another appeals court, based in Waukesha, said in 2023 that the records should be made public.
