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DOJ Alleges WEC Breached the Help America Vote Act

DOJ Accuses Wisconsin Elections Commission of HAVA Violations

MADISON, Wis. — The Department of Justice (DOJ) has charged the Wisconsin Elections Commission (WEC) with failing to comply with the Help America Vote Act (HAVA). In a letter sent to the WEC on Wednesday, the DOJ’s Civil Rights Division highlighted a critical lapse: the absence of a state-based administrative complaint procedure for voters.

The DOJ expressed concern that the WEC has opted against providing any mechanism for individuals to file complaints regarding alleged violations of HAVA. The letter stated, “Quite surprisingly, we have learned that the Wisconsin Elections Commission has refused to provide any administrative complaint process or hearing regarding HAVA complaints against the Commission.” Instead, the state has relied on a 2022 court ruling suggesting the Commission cannot regulate its own conduct.

According to the DOJ, federal law mandates that voters have clear avenues to report voting-related infractions. The letter further urged the U.S. Election Assistance Commission to consider withholding federal funds from Wisconsin until compliance is ensured, asserting, “Compliance with all federal election laws is mandatory, and the receipt of federal funds under HAVA is conditioned on compliance with the Act.”

The allegations underscore the necessity for states to uphold voting rights and maintain the integrity of electoral processes, drawing attention to the importance of having accessible, accountable mechanisms for residents to address grievances.

As this situation unfolds, the WEC faces increasing scrutiny over its adherence to federal laws governing elections, which could have significant implications for the administration of future elections in Wisconsin. Further developments are anticipated as the DOJ calls for immediate action.

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