Here and Now
Don Millis on The Citizenship Status of Voters in Wisconsin
Clip: Season 2400 Episode 2414 | 5m 27sVideo has Closed Captions
Don Millis on a court order to verify citizenship of Wisconsin voters by a 2026 election.
Wisconsin Elections Commission member Don Millis, a Republican appointee and former chair, discusses a circuit court order for the state to verify citizenship of voters by the February 2026 election.
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Here and Now is a local public television program presented by PBS Wisconsin
Here and Now
Don Millis on The Citizenship Status of Voters in Wisconsin
Clip: Season 2400 Episode 2414 | 5m 27sVideo has Closed Captions
Wisconsin Elections Commission member Don Millis, a Republican appointee and former chair, discusses a circuit court order for the state to verify citizenship of voters by the February 2026 election.
Problems playing video? | Closed Captioning Feedback
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>> Senator Tammy Baldwin, thanks very much.
>> Thank you for having me.
>> There could be a scramble ahead of 2026 elections in Wisconsin after a Waukesha County Circuit Court ruling that directs the Wisconsin Elections Commission to verify whether people registered to vote are U.S.
citizens.
Republican appointed Commissioner Don Millis is here with reaction.
And thanks very much for being here.
>> My pleasure.
>> So the judge's ruling requires election officials to verify citizenship by matching voter registrations to state Dot files, with a spring primary coming up in February.
How reasonable is that timeline?
>> Well, I think it's going to be a challenge if that's the way the order sticks.
We know that there's going to be another hearing on October 31st, and it's always possible that there could be modifications.
Certainly, the commission does have a role in making sure that people who are on the list are eligible to vote.
And, you know, we work with local clerks, 1850 local clerks to make sure that happens.
So we will see what the order ends up being and we will do our best to comply.
At least that's how I think we should be acting.
>> So you do think it's reasonable to prevent non-citizens from being on the voter rolls or to remove them?
a role in doing that.
A year ago, there was a concern about a couple of Department of Transportation types of licenses that were handed or provided to visa holders and green card holders.
There was a concern that those identification cards would be used for registration and and or voting.
And so we issued a directive to all the clerks in the state to be on the lookout for those to see if someone presents that indicate that that's a great likelihood that that person is not a citizen, not impossible.
They could be a citizen.
And we provided instructions on how to deal with that.
So we've taken that on that task before, and I think we'll take it on again.
It just depends on the degree and how widespread we're required to act.
>> As to that issue of non-citizens holding ID's, state IDs that otherwise could be used as part of the voter ID law to to vote.
Your commission told us when we did some reporting on this that there were only three non-citizens that have been referred for prosecution since 2019, in that way, is this a solution in search of a problem, then?
>> Well, I don't doubt that the issue of non-citizens voting is a very minor one.
It doesn't happen very often, but part of our role is to make sure that there's confidence in the elections.
I know I've told you in the past that, you know, despite the fact that we have some of the best technology available, and we can assure that our elections are fair and the results are valid.
But there are these things come up.
And part of our role is to instill confidence.
We have in the past, like last year when we sent that circular out, we were concerned that there was a perception that those widespread use of those IDs, regardless of whether there was widespread use.
It was important that we instill confidence.
Back in 2022, there were a couple of examples of improper requests for absentee ballots.
Now those were handled properly.
Those ballots were never issued.
But because the public perception we acted and we took steps to make sure that that if that happened on a widespread basis, there would be a way of making sure that those ballots wouldn't be issued or that people, if they were issued, there'd be a way of remedying that.
Again, just because something in fact doesn't happen on a widespread basis doesn't mean that it's not important for us to address the perception, to instill public confidence in the validity of our elections.
>> As you mentioned, the Wisconsin Department of Justice has appealed this Waukesha County Circuit Court ruling.
And while that's under consideration, the Waukesha judge put on hold his ruling that local clerks cannot register new voters without proof of citizenship.
But how would citizenship be proved right?
>> Well, that I didn't have a huge problem with much of the decision.
That was one one aspect of the decision.
I don't think it's a good look to tell people you can't register, especially if we have an opportunity to later verify.
I think that it is it is a challenge because some of our identifications that we that are provided to citizens are also provided to non-citizens.
So that is a challenge.
I think it is more incumbent on the authorities, the Department of Transportation, the Elections Commission, working with local clerks to try to identify people who might not be citizens or not citizens and take remedial action.
>> But when when you register to vote, you have to check a box.
Saying that you are a citizen under penalty of law.
Is that not good enough?
>> Then I think that for 99.99% of the registrants, that is good enough.
But there is again a perception that this could happen.
And again, we shouldn't take it lightly that that doesn't happen.
You know, we have we have examples of double voting.
We make referrals to district attorneys because things like that do happen.
It's not widespread, instill confidence and take action appropriately.
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