Movers List Litigation Update

On February 28, the Wisconsin Court of Appeals issued its final decision in the case known as Timothy Zignego et al vs. Wisconsin Election Commission et al.  Consistent with its preliminary decision in January, the Court of Appeals reversed the order of the Ozaukee County Circuit Court that the Elections Commission deactivate voter registrations of individuals who did not respond to the 2019 ERIC Movers mailing.  

As a result of the Court of Appeals decision, there is no change in the WEC’s approach to individuals who were sent the 2019 Movers mailing.  Until further notice, the Commission is implementing the process it approved in June 2019 for handling the ERIC Movers.  No voters on the ERIC Movers List will be deactivated as a result of the October 2019 mailing.  As always, voters who have moved must update their registration at their new address and voters who have not moved may continue to vote without having to reregister, even if they were sent the 2019 Movers mailing.

The plan approved by the Commission in June 2019 means that voters on the ERIC Movers List who have not contacted WEC or their municipal clerk to request continuation will be listed on the poll book with a watermark by their names.  The watermark will say “Have you moved?” and will cue election inspectors to ask those voters about their status using a script.  Voters who state that they have not moved will be asked to sign the poll book to affirm their address and continue their registration.  Voters who state that they have moved will be directed to reregister to vote at their new address, as required by law. 

A memorandum explaining the detailed ERIC Movers List procedures is available in the Clerk Communications section of the website: https://elections.wi.gov/node/6581.  WEC staff conducted a webinar about Movers List procedures, which is available here: https://elections.wi.gov/node/6569.  Staff has also developed additional training resources, including a script for election inspectors so they will know how to handle Movers List issues on Election Day:  https://elections.wi.gov/node/6676.  If you have questions regarding this communication, please contact the Help Desk at 608-261-2028 or @email