Legal Group Warns of Voter ID ‘Loophole’ in Election Battleground: ‘Ripe for Exploitation’

September 10, 2024

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Legal Group Warns of Voter ID ‘Loophole’ in Election Battleground: ‘Ripe for Exploitation’

A legal group is sounding the alarm after uncovering a legal “loophole” in the battleground state of Wisconsin that voters to cast ballots without showing any identification.

The Wisconsin Institute for Law and Liberty (WILL) warns that the election “loophole” is “ripe for exploitation.”

WILL issued the warning in a research report.

According to the report, 144,347 people in Wisconsin are classified as “indefinitely confined.”

This status means they could cast an absentee ballot without showing ID.

Indefinitely confined rates skyrocketed during the 2020 election.

It allowed tens of thousands of voters to cast absentee ballots.

The report, authored by WILL researcher Will Flanders, said.

“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.”

Flanders said the number of voters classified as “indefinitely confined” had come down from 2020

However, as of July 2024, the figure is still 116% higher than it was back in 2016.

Flanders added that there were still thousands of voters who should be removed from the list under state law.

“Per state law, clerks are to remove voters if they vote in person or do not vote in any election,” the report noted.

“Those voters must sign and return a form to retain that status.”

According to Flanders, voters who should have received a notice of potential removal from the “indefinitely confined” list include:

24,800 who didn’t vote in the April election
2,788 who haven’t voted at all since 2020
2,595 who voted in person in April

The areas with the highest number of voters listed as indefinitely confined are the Democrat strongholds of Milwaukee and Madison.

Indefinitely confined voter status was designed to help voters who are elderly* or disabled and unable to make it to the polls.

Voters just have to select that they fit the requirements for being indefinitely confined.

No other evidence is requeired.

“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 said.

“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 said that effectively all voters could claim indefinitely confined status because of the pandemic.

The Wisconsin Supreme Court later ruled against this guidance.

However, the ruling only came after the election.

WILL has argued that there should be tighter guidelines for receiving indefinitely confined status.

The organization sent out letters to 15 communities across the state to see if they were complying with state law about cleaning up their rolls.

In a statement about the report, Flanders said:

“Confidence in our elections continues to be dangerously low in Wisconsin and across the country.

“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.”

Wisconsin is expected to be one of the key battleground states that may determine the outcome of the 2024 election.

Polls are showing a tight race between President Donald Trump and Democrat presidential nominee Kamala Harris.