High-profile Federal Actions Have Limited Impact on Wisconsin Elections

U.S. Congress

SAVE Act (H.R. 22)

• Status: Passed the House (4/10/2025). Stalled in the Senate.
• What is the SAVE Act?
  • The SAVE (Safeguard American Voter Eligibility) Act would require individuals to provide proof of U.S. citizenship, such as a passport or birth certificate, when registering to vote in federal elections.
  • Many voters do not have such documents proving their U.S. citizenship. This includes tens of millions of women whose names have changed due to marriage.
• How would this bill impact Wisconsin’s elections?
  • This bill will have no impact on Wisconsin voters and elections unless it passes the Senate, which is very unlikely, and then is signed by the President. 
  • Some states are passing legislation similar to the SAVE Act, but there is no path for this to happen in Wisconsin during the current legislative session (2025-26).
  • As of July 2026, the House is attempting to pass elements of the SAVE and SAVE America Acts through the budget reconciliation process, but it is unclear whether this will succeed or have enough support in the Senate. 
  • More information on how the SAVE Act would impact Wisconsin voters can be found here.

SAVE America Act (S. 1383) (Originally S. 7296)

• Status: Passed the House (2/11/2026). Stalled in the Senate.
• What is the SAVE America Act?
  • Like the original SAVE Act, the SAVE America Act would require individuals to provide proof of U.S. citizenship when registering to vote in federal elections.
  • In other areas, this bill goes further than the original SAVE Act: The SAVE America Act would also add voter ID requirements for in-person and mail voting in federal elections that exceed current state requirements. 
  • This bill would also create harsh new penalties for election officials, who would face a potentially unresolvable quandary: They can either comply with strict citizenship and identification requirements, or block eligible voters who do not meet the new requirements from voting. 
  • This bill also directs states to submit their voter rolls to the Department of Homeland Security. (The U.S. Department of Justice has – so far unsuccessfully – sought voter lists from most states.)
• How would this bill impact Wisconsin’s elections?
  • This bill will have no impact on Wisconsin voters and elections unless it passes the Senate, which is very unlikely, and then is signed by the President. 
  • Some states are passing legislation similar to the  SAVE America Act, but there is no path for this to happen in Wisconsin during the current legislative session (2025-26).
  • As of July 2026, the House is attempting to pass elements of the SAVE and SAVE America Acts through the budget reconciliation process, but it is unclear whether this will succeed or have enough support in the Senate. 
  • More information on how the SAVE America Act would impact Wisconsin voters can be found here.

MEGA Act (H.R. 7300)

• Status: Introduced (1/30/2026). Has not been taken up by either Congressional chamber.
• What is the MEGA Act?
  • The MEGA (Make Elections Great Again) Act imposes an onerous proof of citizenship mandate for voter registration, similar to the previous two bills. 
  • The MEGA Act would also impose significant restrictions on mail voting in federal elections. 
  • It would require state officials to cooperate with federal law enforcement in investigations and prosecutions of alleged election irregularities. 
  • It would also establish burdensome restrictions on certain types of voting equipment currently in use in some states. 
  • Finally, voters would have fewer protections against wrongful cancellations of their registrations close to Election Day. This would leave them with insufficient time to prove their eligibility.
• How would this bill impact Wisconsin’s elections?
  • This bill will have no impact on Wisconsin voters and elections unless it passes both the House and the Senate and is signed by the President, which is very unlikely. 
  • More information on how the MEGA Act would impact Wisconsin voters can be found here.

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U.S. Supreme Court

Louisiana v. Callais (decided May 2026)

• What was the Callais decision?
  • In Louisiana v. Callais (decided in May 2026), the U.S. Supreme Court struck down Louisiana’s congressional map. The Supreme Court held that the state unconstitutionally took race into account in drawing the districts. 
  • The ruling’s re-interpretation of the Voting Rights Act makes it near-impossible for plaintiffs to successfully argue that a proposed district map illegally dilutes minority voting power. 
  • This decision opens the door for several states to draw new maps and eliminate districts drawn to enable minority communities to elect candidates of their choice. Go here for more information.
• How does the Callais decision affect Wisconsin elections?
  • The Callais decision will have a limited impact on Wisconsin compared to the greater consequences for Southern states. 

Watson v. Republican National Committee (decided June 2026)

• What was the Watson decision?
  • On June 29, 2026, the U.S. Supreme Court issued its opinion in Watson v. RNC, a challenge to Mississippi’s state law that allows election officials to count mail ballots received no later than five business days after Election Day as long as they are postmarked by Election Day. In a close 5-4 decision, the court upheld Mississippi’s law. It held that state laws that provide similar grace periods for mail ballots with Election Day postmarks do not violate existing federal law. 
  • The Supreme Court’s decision means that the current laws in 14 states plus D.C. that provide a grace period for ballots postmarked by Election Day can remain in effect for all elections unless the legislatures in those states decide otherwise. Additionally, the laws in 30 states that provide a grace period for ballots returned by military and overseas voters can also remain in effect.
  • Leaving these laws intact will prevent late changes to election administration that could cause confusion and chaos for voters and election administrators ahead of this November’s midterm elections. Go here for more information.
• How does the Watson decision affect Wisconsin elections?
  • Because current Wisconsin law requires all mailed absentee ballots to arrive at the clerk’s office by 8 p.m. on Election Day, the ruling in Watson has no effect in Wisconsin.

For more information and other U.S. Supreme Court cases involving elections, go here. 

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Presidential Executive Orders on Elections

Note: The Election Clause of the U.S. Constitution clearly gives authority and control of election administration to the states.  The Constitution repeatedly favors state control over election administration and not the federal government. There are no provisions that give the President explicit authority over elections. Only Congress can “make or alter” regulations. States are not “the agents of the federal government” when it comes to election administration. See: Article I, Section 4; Article II, Section 1. Also the 10th and 17th Amendments.

Citizenship Verification and Voter Registration (March 2025)

• What is in the executive order?
  • President Trump’s March 2025 executive order on elections seeks to impose an excessive mandate on American citizens by requiring documentary proof of citizenship for voter registration applicants who use the federal voter registration form. 
  • As noted above in the section on Congressional bills, documentary proof of citizenship laws generally require voters to show harder-to-get documents like passports or birth certificates in order to register and vote.
• What is the status of this executive order? Has it gone into effect in Wisconsin?
  • The President’s March 2025 executive order was challenged in the courts. Courts blocked many provisions of the order from going into effect because they exceed the President’s authority. There is currently no impact on Wisconsin voters and elections.
  • On June 24, 2026, a federal judge permanently blocked a provision that would have required all Americans to provide proof of citizenship when registering to vote using the federal form.
  • The judge also blocked provisions that would require federal agencies to assess an individual’s citizenship before offering assistance with voter registration, and that would require U.S. citizens living overseas and serving in the military to provide proof of citizenship in order to vote.
  • The judge determined that these provisions conflicted with federal statutes and generally exceeded the president’s constitutional authority. Go here and here for more information.

Mailed Ballots and Voter Data Sets (March 2026)

• What is in the executive order?
  • President Trump’s March 2026 executive order aims to create various federal voter lists, and directs the U.S. Postal Service to limit the delivery of mail ballots only to voters on an approved federal list.
• What is the status of this executive order? Has it gone into effect in Wisconsin?
  • The President’s March 2026 executive order is being challenged in the courts. There is currently no impact on Wisconsin voters and elections.
  • In a Massachusetts district court, a federal judge was the first in the nation to block the president’s 2026 executive order seeking to prevent the U.S. Postal Service from delivering ballots to voters who are not on approved lists. The judge’s order only applies to the 23 states that are plaintiffs in the lawsuit challenging USPS rulemaking, which includes Wisconsin.
  • Meanwhile, USPS has begun a federal rulemaking process in an attempt to implement aspects of the President’s executive order. These draft regulations have not been finalized, have not gone into effect, and are being challenged in court. You can find more information on the proposed rule and process here.
  • Additionally, a federal appeals court heard arguments in a case involving the U.S. Department of Justice’s effort to obtain Michigan’s unredacted voter registration records containing sensitive information. The Sixth Circuit Court of Appeals affirmed the dismissal of a lawsuit brought by the U.S. Department of Justice (DOJ) against Michigan seeking access to its voter rolls. This was the first appeals court to weigh in on the DOJ’s attempts.
  • Another federal appeals court recently heard arguments in a similar case regarding Oregon’s voter file. These cases are part of a broader federal effort to obtain voter data from states nationwide. Go here and see below for more information.

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U.S. Federal Agencies

U.S. DOJ Lawsuit Seeking Wisconsin Voter File: United States v. Wisconsin Elections Commission

The federal government is attempting to improperly obtain unredacted voter file data (including voters’ Social Security numbers, driver’s license numbers, and other sensitive information) from nearly every state. The U.S. DOJ has sued 30 states — including Wisconsin — and D.C. for resisting these demands. 

On May 21, 2026, U.S. District Judge James Peterson issued the decision to dismiss the federal DOJ’s request that WEC provide the federal government with the state voter lists that include confidential voter information. WEC defended their actions not to turn over the unredacted voter lists as requested because state law prevents them from doing so. 

Thirty states and D.C. have been sued by the federal DOJ for refusing to hand over their unredacted voter lists. At least 16 have released their voter list information. Wisconsin joins 20 other states whose cases have been dismissed (as of August 10, 2026). On June 5, 2026, the DOJ  appealed the judge’s dismissal of its lawsuit to the U.S. Court of Appeals for the Seventh Circuit. Learn more here.

Conflicting Rulings on the Federal Government Use of Data to Create Flawed Citizenship Database

A Washington, D.C. district court judge ruled that the Department of Homeland Security’s (DHS) reforms to the SAVE (Systematic Alien Verification for Entitlements) system violated multiple federal laws. These flawed reforms led to citizens having their registrations erroneously flagged. Some state and local election officials have been using the SAVE system to attempt to verify voters’ citizenship status.

Separately, a federal district court in Florida ordered DHS to restore Florida, Indiana, Ohio, and Iowa’s access to expanded features of the SAVE database. This includes bulk uploads and Social Security number searches, pursuant to a 2025 settlement agreement. The ruling directly conflicts with the Washington, D.C., district court decision above, which blocked DHS from implementing the same SAVE enhancements. The D.C. judge has declined to pause her decision pending appeal.

The conflicting orders leave DHS subject to competing judicial directives and create uncertainty over states’ access to the SAVE database for voter list maintenance. Additional appeals and litigation are expected, with the issue potentially reaching the U.S. Supreme Court.

Wisconsin officials are not currently using the SAVE database, nor is the state involved in the current court cases. This has little effect on how elections are conducted in Wisconsin.

President Donald Trump removes all three remaining commissioners of the Election Assistance Commission (EAC)

On July 9, 2026, President Trump removed the remaining members of the bipartisan federal Election Assistance Commission (EAC). The move leaves the agency without a quorum and therefore unable to take official action ahead of the 2026 midterm elections. The EAC is responsible for certifying election equipment, distributing Help America Vote Act (HAVA) funds,  and developing the federal voter registration form. 

Elections are run by state and local officials, as well as bipartisan teams in each community. Firing the EAC commissioners has no immediate effect on elections in any state, including Wisconsin. Nor does it give the federal government any authority over elections. More about the role of the EAC and the impact of this action is here.

Department of Justice Sends State Election Officials Emails Warning about Noncitizens Voting

In early July, the U.S. Department of Justice sent letters to election administrators in all 50 states, warning that election officials could face criminal prosecution for allowing non-citizens to vote. The letters have no immediate practical effect. Every state, including Wisconsin, already has procedures in place to prevent non-citizens from casting ballots. More about the letter and reactions to it is here.