Wisconsin
Supreme Court refuses to release voter records sought by activist
MADISON, Wis. (AP) — The Wisconsin Supreme Court on Friday rejected an attempt by a conservative activist to obtain guardianship records in an effort to find ineligible voters, but the case could return.
The court did not rule on the merits of the case, instead saying in its 5-2 decision that a lower appeals court did not follow proper procedure when it issued a ruling saying the records should be released.
Here’s what to know:
Conservative activist brought the case
The case tested the line between protecting personal privacy rights and ensuring that ineligible people can’t vote.
Former travel agent Ron Heuer and a group he leads, the Wisconsin Voter Alliance, allege that the number of ineligible voters doesn’t match the count on Wisconsin’s voter registration list. Heuer asked the state Supreme Court to rule that counties must release records filed when a judge determines that someone isn’t competent to vote so that those names can be compared to the voter registration list.
Justices lean on technicality to reject the case
The justices said the District II appeals court, based in Waukesha, was wrong to overturn a Walworth County Circuit Court ruling denying access to the records. In a nearly identical lawsuit, the District IV appeals court, based in Madison, had denied access to the records saying they were not subject to disclosure under the state public records law.
Justice Janet Protasiewicz, writing for the majority, said that the District II appeals court could have sent the case to the Supreme Court, explaining why the other appeals court ruling was incorrect.
If it follows the proper procedure for doing that, the case could end up right back before the Supreme Court again. In the meantime, the Supreme Court sent the case back to the appeals court for further action.
All four liberal justices were joined by conservative Justice Brian Hagedorn in the majority. He said the different branches of the appeals court must be unified in their actions.
Chief Justice Annette Ziegler and Justice Rebecca Bradley, both conservatives, dissented, saying the court “leaves unresolved issues of great importance to voters, election officials, and people from whom courts have removed the right to vote due to incompetency.”
Attorneys for Heuer and Walworth County had no immediate comment on the ruling.
Case was one of several targeting 2020 election
The case was an attempt by those who questioned the outcome of the 2020 presidential race to cast doubt on the integrity of elections in the presidential swing state. Heuer and the WVA filed lawsuits in 13 Wisconsin counties in 2022 seeking guardianship records.
The District II appeals court in 2023 overturned a circuit court ruling dismissing the case and found that the records are public. It ordered Walworth County to release them with birthdates and case numbers redacted.
Heuer and the WVA have pushed conspiracy theories about the 2020 election in a failed attempt to overturn President Joe Biden’s win in Wisconsin.
Heuer was hired as an investigator in the discredited 2020 election probe led by former Wisconsin Supreme Court Justice Michael Gableman that found no evidence of fraud or abuse that would have changed the election results.
The WVA also filed two unsuccessful lawsuits that sought to overturn Biden’s win in Wisconsin.
Trump won Wisconsin in 2024 after losing in 2020
Biden defeated Donald Trump by nearly 21,000 votes in Wisconsin in 2020, a result that has withstood independent and partisan audits and reviews, as well as lawsuits and the recounts Trump requested. Trump won Wisconsin in 2024 by about 29,000 votes.
There are no pending lawsuits challenging the results of the 2024 election or calls to investigate the outcome.
Alabama
DOJ says state institutionalizes too many children with disabilities
MONTGOMERY, Ala. (AP) — Alabama children with physical disabilities are being unnecessarily institutionalized in nursing homes, the U.S. Justice Department said Thursday, warning it would file suit against the state unless changes are made to allow more of these children to live at home.
A Justice Department investigation found Alabama is violating the requirement of the Americans with Disabilities Act to administer services to individuals with disabilities in the setting most appropriate to the person’s needs.
“Many children with physical disabilities in Alabama are unnecessarily institutionalized or are at serious risk of unnecessary institutionalization,” Assistant U.S. Attorney General Kristen Clarke wrote to state officials.
Clarke announced the probe’s findings in a letter to the Alabama Department of Human Resources, the Alabama Medicaid Agency and the Alabama Department of Senior Services. It listed changes the state should make to provide more community services and threatened a federal lawsuit if action isn’t taken.
Alabama’s Gov. Kay Ivey’s office referred questions to the state agencies. The Department of Human Resources did not immediately respond to an email Thursday seeking comment.
The federal investigation found that Alabama policies effectively limit community-based services, or long-term support services, which allow children with physical disabilities to live at home.
Federal officials said the state has not adequately developed its community-based workforce. The Justice Department also said Alabama fails to support foster parents who care for, or are considering caring for, children with physical disabilities.
Alabama parents too often face a difficult choice of sending their children to nursing homes for life or quitting their jobs to become full-time caregivers, the Justice Department wrote.
“Some children who could otherwise be cared for in family homes have spent their formative years growing up in nursing homes, separated from their families and communities. Others live on the brink of such institutionalization, as their families struggle physically, financially, and emotionally to keep them at home,” Clarke wrote.
P.J. Alexander said he and his wife were one of those Alabama families. Their son Kyle was born with a complex set of medical issues, including genetic conditions and cerebral palsy.
“We were able to keep him at home, just barely,” he said.
They had considered moving to another state that provides more resources for families caring for profoundly disabled children. Kyle passed away suddenly Nov. 25 at age 10 from cardiac failure, Alexander said.
“He was such a happy boy, he’d always smile. For someone who had so many struggles,” Alexander said.
Supreme Court refuses to release voter records sought by activist
MADISON, Wis. (AP) — The Wisconsin Supreme Court on Friday rejected an attempt by a conservative activist to obtain guardianship records in an effort to find ineligible voters, but the case could return.
The court did not rule on the merits of the case, instead saying in its 5-2 decision that a lower appeals court did not follow proper procedure when it issued a ruling saying the records should be released.
Here’s what to know:
Conservative activist brought the case
The case tested the line between protecting personal privacy rights and ensuring that ineligible people can’t vote.
Former travel agent Ron Heuer and a group he leads, the Wisconsin Voter Alliance, allege that the number of ineligible voters doesn’t match the count on Wisconsin’s voter registration list. Heuer asked the state Supreme Court to rule that counties must release records filed when a judge determines that someone isn’t competent to vote so that those names can be compared to the voter registration list.
Justices lean on technicality to reject the case
The justices said the District II appeals court, based in Waukesha, was wrong to overturn a Walworth County Circuit Court ruling denying access to the records. In a nearly identical lawsuit, the District IV appeals court, based in Madison, had denied access to the records saying they were not subject to disclosure under the state public records law.
Justice Janet Protasiewicz, writing for the majority, said that the District II appeals court could have sent the case to the Supreme Court, explaining why the other appeals court ruling was incorrect.
If it follows the proper procedure for doing that, the case could end up right back before the Supreme Court again. In the meantime, the Supreme Court sent the case back to the appeals court for further action.
All four liberal justices were joined by conservative Justice Brian Hagedorn in the majority. He said the different branches of the appeals court must be unified in their actions.
Chief Justice Annette Ziegler and Justice Rebecca Bradley, both conservatives, dissented, saying the court “leaves unresolved issues of great importance to voters, election officials, and people from whom courts have removed the right to vote due to incompetency.”
Attorneys for Heuer and Walworth County had no immediate comment on the ruling.
Case was one of several targeting 2020 election
The case was an attempt by those who questioned the outcome of the 2020 presidential race to cast doubt on the integrity of elections in the presidential swing state. Heuer and the WVA filed lawsuits in 13 Wisconsin counties in 2022 seeking guardianship records.
The District II appeals court in 2023 overturned a circuit court ruling dismissing the case and found that the records are public. It ordered Walworth County to release them with birthdates and case numbers redacted.
Heuer and the WVA have pushed conspiracy theories about the 2020 election in a failed attempt to overturn President Joe Biden’s win in Wisconsin.
Heuer was hired as an investigator in the discredited 2020 election probe led by former Wisconsin Supreme Court Justice Michael Gableman that found no evidence of fraud or abuse that would have changed the election results.
The WVA also filed two unsuccessful lawsuits that sought to overturn Biden’s win in Wisconsin.
Trump won Wisconsin in 2024 after losing in 2020
Biden defeated Donald Trump by nearly 21,000 votes in Wisconsin in 2020, a result that has withstood independent and partisan audits and reviews, as well as lawsuits and the recounts Trump requested. Trump won Wisconsin in 2024 by about 29,000 votes.
There are no pending lawsuits challenging the results of the 2024 election or calls to investigate the outcome.
Alabama
DOJ says state institutionalizes too many children with disabilities
MONTGOMERY, Ala. (AP) — Alabama children with physical disabilities are being unnecessarily institutionalized in nursing homes, the U.S. Justice Department said Thursday, warning it would file suit against the state unless changes are made to allow more of these children to live at home.
A Justice Department investigation found Alabama is violating the requirement of the Americans with Disabilities Act to administer services to individuals with disabilities in the setting most appropriate to the person’s needs.
“Many children with physical disabilities in Alabama are unnecessarily institutionalized or are at serious risk of unnecessary institutionalization,” Assistant U.S. Attorney General Kristen Clarke wrote to state officials.
Clarke announced the probe’s findings in a letter to the Alabama Department of Human Resources, the Alabama Medicaid Agency and the Alabama Department of Senior Services. It listed changes the state should make to provide more community services and threatened a federal lawsuit if action isn’t taken.
Alabama’s Gov. Kay Ivey’s office referred questions to the state agencies. The Department of Human Resources did not immediately respond to an email Thursday seeking comment.
The federal investigation found that Alabama policies effectively limit community-based services, or long-term support services, which allow children with physical disabilities to live at home.
Federal officials said the state has not adequately developed its community-based workforce. The Justice Department also said Alabama fails to support foster parents who care for, or are considering caring for, children with physical disabilities.
Alabama parents too often face a difficult choice of sending their children to nursing homes for life or quitting their jobs to become full-time caregivers, the Justice Department wrote.
“Some children who could otherwise be cared for in family homes have spent their formative years growing up in nursing homes, separated from their families and communities. Others live on the brink of such institutionalization, as their families struggle physically, financially, and emotionally to keep them at home,” Clarke wrote.
P.J. Alexander said he and his wife were one of those Alabama families. Their son Kyle was born with a complex set of medical issues, including genetic conditions and cerebral palsy.
“We were able to keep him at home, just barely,” he said.
They had considered moving to another state that provides more resources for families caring for profoundly disabled children. Kyle passed away suddenly Nov. 25 at age 10 from cardiac failure, Alexander said.
“He was such a happy boy, he’d always smile. For someone who had so many struggles,” Alexander said.
