The Wisconsin Supreme Court on Tuesday rejected a conservative activist's request to access guardianship records in an effort aimed at identifying potentially ineligible voters in the state. The case, which has been ongoing for several years, stems from efforts by conservatives to challenge President Joe Biden’s 2020 victory in the pivotal battleground state.
Conservative activist Ron Heuer and the Wisconsin Voter Alliance (WVA), which he leads, filed the lawsuit in 2022. They alleged discrepancies between the number of ineligible voters and the registered voters listed in Wisconsin. The suit sought access to guardianship records—court documents that can remove an individual’s voting rights if they are deemed unable to understand the election process.
Under Wisconsin law, a guardianship order, granted by a court, gives legal authority over an individual judged incapable of making decisions. Such an order can include removing the right to vote if the person is found incapable of grasping the election’s objective. Heuer requested the state Supreme Court to require counties to disclose these guardianship records so names could be cross-referenced with the voter registration lists.
During oral arguments, Heuer’s attorney, Erick Kaardal, maintained that privacy concerns could be addressed through redactions of sensitive personal information, enabling transparency while protecting individuals’ identities. However, Walworth County’s attorney, Sam Hall, countered that releasing the records would inevitably reveal names and addresses, breaching the privacy of vulnerable individuals. Hall commended the court’s decision for safeguarding both privacy and dignity.
In a 5-2 ruling, the state’s liberal majority along with conservative Justice Brian Hagedorn concluded that the guardianship records are not public documents as claimed by the activist. The court’s decision reversed a 2023 ruling by a Waukesha-based appeals court which had ordered the release of the records with some information redacted. The Supreme Court emphasized that state law clearly excludes such documents from public records, writing that the Wisconsin Voter Alliance has no entitlement to access them.
Conservative justices Annette Ziegler and Rebecca Bradley dissented, arguing the court’s definition of relevant records was too broad and unworkable. They contended that forms indicating voter ineligibility should fall under open records law and be accessible to the public.
The case is one of multiple attempts following the 2020 election to challenge the legitimacy of Biden’s victory in Wisconsin. Heuer and the WVA pursued guardianship records in 13 counties in 2022, amid claims of widespread voting irregularities despite no evidence emerging from official investigations. Heuer previously served as an investigator in a controversial 2020 election review led by former Wisconsin Supreme Court Justice Michael Gableman, which concluded there was no fraud or abuse sufficient to affect the election outcome.
Biden secured Wisconsin by nearly 21,000 votes in 2020, a result affirmed by independent audits, recounts, and judicial rulings. Trump reclaimed the state in 2024 by approximately 29,000 votes. To date, no legal challenges have been filed to contest the 2024 election results or request further investigations.