🚨BREAKING: US DOJ sends letter to Wisconsin Election Commission for failing to follow the law!!!
— Peter Bernegger (@PeterBernegger) June 5, 2025
---> The U.S. Department of Justice, Civil Rights Division, issued a formal letter on June 4, 2025, to the Wisconsin Elections Commission.
The letter notifies WEC that it is… pic.twitter.com/QMMTRir4hw
US DOJ sends letter to Wisconsin Election Commission for failing to follow the law!!!
---> The U.S. Department of Justice, Civil Rights Division, issued a formal letter on June 4, 2025, to the Wisconsin Elections Commission.
The letter notifies WEC that it is failing to comply with federal election law, specifically the Help America Vote Act (HAVA). This notice also went to the U.S. Election Assistance Commission.
The central issue is that Wisconsin has not established the legally required process for handling HAVA complaints.
What the Law Requires
Under Section 21112 of HAVA (also referred to as Section 402), every state that accepts federal HAVA funds must create an administrative process that lets voters file complaints about violations of the law. The law lays out clear requirements:The process must be fair and apply equally to everyone.
Anyone who believes a violation has occurred, is occurring, or is about to occur must be allowed to file a complaint.
If the person filing the complaint asks for a hearing, the state must provide one and create a record of it.
If the state finds a violation, it must offer a proper remedy.
What Wisconsin Is Doing Wrong
The DOJ states Wisconsin is not meeting these federal requirements. The state has chosen not to provide hearings on HAVA complaints filed against the Wisconsin Elections Commission.Instead, it relies on a 2022 state court opinion that said the Commission cannot investigate itself. That position effectively shuts down any chance for voters to have their complaints heard or addressed.
As a result, people who believe the Commission violated federal election law are left with no process, no legal decision, and no interpretation of the law.
The DOJ points to a federal court case where a judge warned that refusing to offer a hearing leaves complainants stranded. The case cited is Wisconsin Voter Alliance v. Millis, 720 F. Supp. 3d 703.
The DOJ is making it clear that this situation cannot continue. It warns that Wisconsin’s failure to comply may justify stopping the flow of federal HAVA funds to the state.
According to the letter, Wisconsin has already received more than 77 million dollars in federal money through HAVA. That funding is conditioned on the state following the law.
The letter also reminds the Elections Commission that the U.S. Supreme Court has recognized protecting the integrity of elections as a matter of high importance.
That point is backed by a 2021 decision in Brnovich v. Democratic National Committee, where the Court said preserving election integrity is a compelling government interest.
This letter is more than a warning. It serves as a formal record that Wisconsin is not following federal law and is at risk of penalties, including losing federal funding.
The DOJ is also signaling that it expects WEC to correct its process immediately and begin providing the hearings and remedies required under HAVA.
The letter also leaves the door open for legal or administrative action. It sets the stage for future enforcement, including possible lawsuits, investigations, or formal action by the Election Assistance Commission.
The Department of Justice is putting Wisconsin on notice. The state is out of compliance with HAVA and must fix its administrative complaint process without delay.
If it does not, it could face serious consequences, including the loss of federal money and legal action. This letter can be used as evidence in future litigation and may also be a useful tool for pushing legislative or procedural reforms in Wisconsin.
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