The Wisconsin Supreme Court ruled on July 7, 2026, that the Wisconsin Voter Alliance (WVA) cannot access Notice of Voting Eligibility (NVE) forms. This decision affects the Alliance's ability to identify individuals deemed incompetent to vote due to guardianship proceedings. The ruling emphasizes the importance of privacy for individuals involved in such proceedings, highlighting the tension between public records access and personal confidentiality.
The case, Wisconsin Voter Alliance v. Kristina Secord, originated when the WVA made a public records request to Kristina Secord, the register in probate for Walworth County. The Alliance sought access to completed NVE forms, which are used to inform election officials about individuals found incompetent to vote. The circuit court initially denied the request, and the court of appeals upheld this decision, leading the case to the Wisconsin Supreme Court.
The WVA argued that the NVE forms should be publicly accessible under Wisconsin's public records law, which generally favors open access to government documents. However, the court found that the legislature had specifically chosen to protect the privacy of individuals involved in guardianship proceedings. The majority opinion, delivered by Justice Janet C. Protasiewicz, stated, "We hold that the NVE forms at issue here are 'closed' under that statute. Thus, the Alliance does not have a right to the forms under our public records law, and the Alliance is not entitled to a writ of mandamus." This ruling affirmed the lower court's decision and reinforced the confidentiality of such records.
The background of the case involves the WVA's attempts to obtain NVE forms from various counties in Wisconsin. The forms are used to communicate findings of incompetency to local election officials and the Wisconsin Elections Commission. The WVA's goal was to identify individuals who have been deemed incompetent to vote, but the court ruled that the forms are integral to the guardianship process and therefore protected from public disclosure.
The court's ruling clarified the standard for public records requests in Wisconsin, particularly regarding the interpretation of statutory exceptions to disclosure. The majority opinion emphasized that the NVE forms are "pertinent to the finding of incompetency" and thus fall under the protections of Wisconsin Statute § 54.75, which closes court records related to incompetency findings. The court noted that the legislature intended to keep such records private to protect the individuals involved.
This decision has significant implications for public records access in Wisconsin. It underscores the balance that must be struck between the public's right to information and the privacy rights of individuals, particularly those who are vulnerable due to guardianship status. The ruling may set a precedent for future cases involving public records requests related to sensitive personal information.
Looking ahead, the WVA may consider whether to appeal the decision or pursue other legal avenues to obtain the information it seeks. However, the court's ruling appears to firmly establish the confidentiality of NVE forms under current Wisconsin law. There are no related cases pending that would directly challenge this ruling, but the implications of the decision may influence future public records requests and legislative discussions regarding privacy and transparency in government.