140,000 Wisconsinites Will Be Allowed To Vote ID-Free in 2024 Due to Legal "Loophole"

 September 10, 2024

A recent investigation by the Wisconsin Institute for Law & Liberty (WILL) has spotlighted a potent loophole in Wisconsin's voting regulations that allows certain voters identified as "indefinitely confined" to bypass standard ID requirements. This exemption could impact over 140,000 voters.

Breitbart reported that a surge in the use of the "Indefinitely Confined" voting status since 2016 has raised alarms about potential vulnerabilities in the electoral process.

The "Indefinitely Confined" status in Wisconsin allows voters who are unable or unwilling to visit polling stations due to age, illness, or disability to vote without presenting an ID.

This status, while intended to assist those genuinely in need, has seen a dramatic swell in numbers from approximately 66,000 in 2016 to 265,979 by the 2020 elections.

The sharp increase in usage notably occurred during the 2020 presidential election, where the spread of COVID-19 prompted many to reassess their voting methods.

Some local officials in predominantly Democratic areas were purportedly encouraging voters to register under this status, prompting the Wisconsin Supreme Court to issue a rebuke regarding the interpretation of the rule.

Wisconsin's Voting Loophole Could Influence Elections

The potential impact of this loophole is significant. For context, during the 2020 elections, the margin of victory was approximately 20,000 votes—a margin small enough that any exploitation of this voting clause could potentially affect outcomes. Joe Biden won Wisconsin, marking a critical shift from the 2016 results where Trump carried the state.

Wisconsin law mandates that voters must present ID at the polls to vote, though not for voter registration itself.

This unique situation creates a scenario where voters can legally bypass ID verification if they qualify under the "Indefinitely Confined" status, sparking intense debate and scrutiny among political and public circles.

Continued use of this exemption presently stands at about 144,347 voters, illustrating a maintained interest and reliance on this voting method as the presidential race approaches, highlighted by a tight race between Donald Trump and Vice President Kamala Harris.

WILL's report includes concerns regarding the diligence of local authorities in maintaining accurate voter rolls. Allegations suggest that not all counties are consistently enforcing the rule that should remove voters from the indefinitely confined list if they fail to renew their voting status after not returning an absentee ballot within a specified period.

The conversation is further stirred by comments from WILL's Research Director, Will Flanders, who said, “Confidence in our elections continues to be dangerously low in Wisconsin and across the country. Voter ID is a popular and well-executed way to keep our elections secure and free of fraud. While the Governor refused to fix this loophole in the years since 2020, efforts must be made by local election clerks to resolve it as much as possible.”

Proposed Solutions to Tighten Voting Security

Kyle Koenen, WILL Policy Director, adds another layer to the dialogue by reflecting on the original intent of the indefinitely confined status.

“The indefinitely confined status was designed to provide those who are elderly, sick, or physically unable to get to the polls with an opportunity to vote. Although designed with good intentions, as our report shows, the system has a few key flaws that should be resolved,” Koenen stated.

The implications of these findings are considerable as they touch on broader national debates about voting integrity and the balance between accessibility and security. The increasing polarisation in the political landscape only amplifies these concerns as the nation watches closely how Wisconsin addresses these issues.

As the electoral process continues to evolve, especially under the pressures of recent global health challenges, the scrutiny of Wisconsin's voting policies could signal a critical reevaluation of how voters’ rights and election security are managed in other states as well.

In conclusion, the dramatic rise of voters registered as "indefinitely confined" and subsequent legal debates highlight a widening divide between voter accessibility and electoral integrity. The need for a secure voting process that both upholds democratic values and minimizes the potential for abuse remains a pressing concern for Wisconsin and beyond. Efforts to refine and enforce the legislation that governs these exceptions are critical as the nation proceeds toward another major electoral event. This balance of accessibility and integrity continues to shape the landscape of U.S. elections in profound ways.

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