Writ of Mandamus-Public Records Law

WI Court of Supreme Court

Case Name: Wisconsin Voter Alliance v. Kristina Secord

Case No 2023AP000036

Officials:

Focus: Writ of Mandamus-Public Records Law

First paragraph(s)

The Wisconsin Supreme Court held that the Wisconsin Voter Alliance (WVA) was not entitled to obtain Notice of Voting Eligibility (NVE) forms through Wisconsin’s public records law. The Court affirmed the denial of WVA’s request for a writ of mandamus compelling disclosure of completed NVE forms from the Walworth County register in probate.

NVE forms are used by courts to notify election officials when a person involved in guardianship proceedings has been found incompetent to vote or later has voting rights restored. The Court concluded that these forms are “court records pertinent to the finding of incompetency” and therefore are confidential under Wis. Stat. § 54.75, which generally closes such records to public access.

The Court explained that although Wisconsin’s public records law favors disclosure, that presumption does not override specific statutory confidentiality protections. Because § 54.75 applies, WVA had no legal right to the requested forms.

The Court also clarified the standard for public records mandamus actions. Rather than applying all traditional mandamus elements, courts should focus on whether the requester has a right to the records by examining whether the records exist, whether an exception to disclosure applies, and whether public policy favors release.

Justice Ziegler, joined by Justice R. Bradley, dissented, arguing that NVE forms are not records “pertinent to the finding of incompetency” and should be available under public records law.

Decided 07/07/26

Full Text