Wisconsin Elections Commission Blocks Clerks from SAVE Program Immigration Checks

The Wisconsin Elections Commission voted unanimously to bar roughly 1,800 municipal clerks from using the federal Systematic Alien Verification for Entitlements database to check voters’ citizenship. The commission said Wisconsin law prevents clerks from sharing voter information through the SAVE program.

The vote gives clerks state-level guidance against running those checks. It does not reverse the U.S. Supreme Court’s order allowing the federal database to operate.

The court’s September 25, 2026, order stayed a lower-court injunction against a modified version of the system. It did not direct Wisconsin or any other state to use it.

The dispute is over what state officials may do with voter records. The commission says state law sets that limit, regardless of the federal court order.

The Supreme Court lifted a federal barrier but did not order Wisconsin to run checks

In Dep’t of Homeland Security v. League of Women Voters, No. 26A308 (U.S. Sept. 25, 2026) (per curiam), the Supreme Court stayed a federal district court order that had blocked use of an expanded database. The justices did not require state and local officials to begin citizenship checks.

The order describes a process in which an agency submits a person’s first and last name, date of birth, or full or partial Social Security number. The information passes to the Social Security Administration, which searches its records and sends results to the Department of Homeland Security.

Those results can include the person’s full name, date of birth, full Social Security number and citizenship status. The database can confirm citizenship or ask the agency to submit more information.

An inconclusive search triggers a further step. The agency must contact the person and request proof of citizenship to register or remain registered. The modified system also allows state and local agencies to search multiple people at once.

Law Forward said the Supreme Court’s stay did not require any official to use the system. It lifted the federal court’s prohibition on officials choosing to use it where governing law permits.

State voter-data rules are the commission’s stated reason for the ban

The commission’s guidance followed a September 30, 2026, request from Law Forward, which represents Reverend Greg Lewis, executive director of Souls to the Polls. The group asked for an advisory opinion confirming that Wisconsin law does not permit using the federal records for voter citizenship checks.

The request also asked the commission to give formal guidance to local clerks. It invoked the commission’s authority under Wis. Stat. § 5.05(6a).

Earlier in October, chair Don Millis told legislative leaders they would need to change state law before clerks or commission staff could check voters’ citizenship or change registrations based on suspected noncitizenship. He said lawmakers would need to authorize data sharing and assign responsibilities among jurisdictions.

The statutory dispute includes an exception. The law restricts disclosure of voter-registration information, but Wisconsin State Sen. André Jacque argued that it allows transfers to law enforcement agencies or use for law-enforcement purposes. Jacque said the commission was opposing efforts to address voter-roll accuracy and called the interpretation “deeply frustrating.”

The Justice Department warned states as Millis described clerks’ role

On July 7, 2026, the U.S. Department of Justice sent a letter to election officials in all 50 states. Assistant Attorney General Harmeet Dhillon, who leads the department’s civil rights division, warned that election officers who knowingly retained noncitizens on voter lists or helped them cast ballots could face criminal liability.

Dhillon also said intentional efforts to dilute citizens’ votes could violate federal law against conspiracies to injure people exercising constitutional rights. The department urged state officials to discuss steps for maintaining voter lists.

Millis replied on July 9 to William Mohrman, senior counsel in the department’s Civil Rights Division. He said Wisconsin’s constitution limits voting in state elections to U.S. citizens and that the commission was committed to enforcing federal and state election laws.

He also described the division of election administration. Clerks run elections in nearly 1,900 municipalities, while the commission has authority to remove active voters only in limited circumstances. Millis said the commission would help clerks identify possible ineligible voters so local officials could determine whether removal was warranted.

SB595 would create a state audit, while a lawsuit asks for required checks

Pending bill SB595 would establish a state-run citizenship audit in each odd-numbered year. The state auditor would compare the official registration list with information the commission receives under ss. 5.056, 5.057, and 5.058.

The Legislative Audit Bureau would check identified registrants using the federal database, then notify the commission and relevant municipal clerks. A registrant identified as a noncitizen would receive notice by mail or email and have 30 days after receipt to provide proof of citizenship.

The bill lists a birth certificate, naturalization certificate or U.S. passport as proof. A registrant who did not respond would be removed from the list, with the removal documented.

The audit report would be due no later than June 30 of the odd-numbered year. It would count people incorrectly identified as noncitizens as well as those correctly identified and removed. SB595 also calls for information to go to the person’s county district attorney. It would allow certain registration forms changed to ineligible status to be destroyed four years later, unless the person became eligible and registered again during that period.

A separate case raises the question of whether state law requires checks. In Cerny v. WEC, No. 24CV1353, pending in Waukesha County Circuit Court, the plaintiffs seek a writ of mandamus, arguing that the commission must verify citizenship information on voter-registration applications.

Court papers identify the federal database as one possible method. Souls to the Polls filed an amicus curiae brief supporting the commission’s position on February 18, 2026.

Spindell backed the guidance but urged federal cooperation

Republican commissioner Robert Spindell voted for the guidance but criticized two other Republicans on the commission for opposing cooperation with the federal Justice and Homeland Security departments. He pointed to the August Democratic gubernatorial primary, decided by fewer than 4,000 votes, and said even a small share of noncitizen voters could affect a close contest.

“I believe we should take this problem seriously, as only if 1% or 2% of Wisconsin noncitizen voters could swing a state election or even a close national election, which is possible”

Spindell’s suggestion that noncitizen voting could be widespread was not supported with evidence in the material presented. No noncitizen voting was reported in that primary, and such voting is exceedingly rare. Clerks’ reports of voting irregularities in recent years have mostly involved people casting two ballots or felons still serving their sentences.

Sen. Mike Lee, a Utah Republican, criticized the decision in an October 17, 2026, post on X. He wrote, “Wisconsin Elections Commission to election workers: ‘We hereby prohibit you from taking steps to make sure you're not facilitating election fraud.’ That sounds like Wisconsin really wants to facilitate election fraud”.

JoCasta Zamarripa, the Democratic candidate for Wisconsin secretary of state, said the day before the commission vote that her “number one priority” was legislation granting driver’s licenses to undocumented immigrants. In Wisconsin, an eligible voter with a valid driver’s license can register online. Republican opponent Jay Schroeder has framed his candidacy around election-integrity efforts.

At a candidate forum, Democratic gubernatorial nominee David Crowley raised his hand when asked whether he supported giving driver’s licenses to noncitizens. He also signaled agreement with barring law enforcement from asking about immigration status, and said, “I'm not an ally. I'm an accomplice,” when asked about his position on illegal immigration. The gubernatorial race pits Crowley against Republican Tom Tiffany.

This article provides general information and is not legal advice. Consult a qualified immigration attorney about your specific case.