A conservative legal group has raised concerns over a potential “loophole” in Wisconsin’s voter identification laws that allows thousands of voters to cast ballots without providing identification.
The Wisconsin Institute for Law and Liberty (WILL) released a report on Monday highlighting that 144,347 individuals in Wisconsin are classified as “indefinitely confined,” which enables them to vote absentee without showing an ID. According to the report, the number of voters using this status spiked significantly during the 2020 election, allowing tens of thousands to vote without presenting identification.
“Wisconsin has a strong voter ID requirement in place, but there is one loophole that is ripe for exploitation. In Wisconsin, voters can claim they are ‘Indefinitely Confined,’ a status that allows a voter to continually receive an absentee ballot without ever showing an ID,” said Will Flanders, a researcher at WILL, in the report.
Flanders noted that while the number of voters classified as “indefinitely confined” has decreased since 2020, it remains 116% higher than in 2016 as of July 2024. He emphasized that thousands of voters should be removed from this list according to state law.
“Per state law, clerks are to remove voters if they vote in-person or do not vote in any election. Those voters must sign and return a form to retain that status,” the report explained.
Flanders identified specific groups who should have received a notice of potential removal from the “indefinitely confined” list, including 24,800 individuals who did not vote in the April election, 2,788 who have not voted at all since 2020, and 2,595 who voted in person in April.
The report also noted that the highest numbers of indefinitely confined voters are found in the Democratic strongholds of Milwaukee and Madison, followed by more politically divided areas such as Green Bay and Kenosha.
The “indefinitely confined” voter status was originally intended to assist those who are elderly or disabled and unable to go to the polls. Voters can claim this status by indicating they meet the criteria.
“Under this statute, voters decide for themselves whether they meet the requirements and can receive an absentee ballot in perpetuity if they continue to vote in every election,” the report stated. “Most critically, voters can receive ballots in this way without providing a photo ID. In Wisconsin, you only need to show a photo ID when you vote—not when you register.”
During the 2020 election, election officials in Madison and Milwaukee suggested that all voters could claim indefinitely confined status due to COVID-19. However, the Wisconsin Supreme Court later ruled against this guidance after the election.
WILL has advocated for tighter guidelines regarding indefinitely confined status and has sent letters to 15 communities across Wisconsin to check if they are complying with state laws concerning voter roll maintenance.
“Confidence in our elections continues to be dangerously low in Wisconsin and across the country,” Flanders told The Daily Wire. “Voter ID is a popular and well-executed way to keep our elections secure and free of fraud. While the Governor refused to fix this loophole in the years since 2020, efforts must be made by local election clerks to resolve it as much as possible.”
With Wisconsin expected to play a pivotal role in the 2024 election, polls indicate a close race between former President Donald Trump and Vice President Kamala Harris.
