High-Profile Federal Actions Have Limited Impact on Wisconsin Elections

We updated this resource in October 2026 to include a U.S. Supreme Court ruling blocking a proposed Postal Service mail-voting rule, a U.S. Supreme Court ruling restoring access to a federal citizenship database for voter list maintenance, and recent agency actions affecting elections.

Table of Contents

U.S. Congress

SAVE Act — H.R. 22 (The Safeguard American Voter Eligibility Act)

  • SAVE Act Status:
    • Passed the House (4/10/2025). Stalled in the Senate.
  • What is the SAVE Act?
    • This bill would require people to show proof of U.S. citizenship, such as a passport or birth certificate, to register 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 (unlikely) and the president signs it. 
    • 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).
    • The House is attempting to pass elements of the SAVE and SAVE America Acts through the budget reconciliation process. Still, it is unclear whether this will pass or have enough Senate support. 
    • More information on how the SAVE Act would impact Wisconsin voters is available here.

SAVE America Act — S. 1383 (initially H.R. 7296)

  • SAVE America Act 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 prove 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 could either enforce strict citizenship and identification requirements that block eligible voters from voting, or face those penalties. 
    • This bill also directs states to submit their voter rolls to the Department of Homeland Security. (The U.S. Department of Justice (DOJ) 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 the president signs it. 
    • 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).
    • The House is trying to pass elements of the SAVE and SAVE America Acts through the budget reconciliation process. Still, it is unclear whether this will succeed or whether the Senate will provide enough support. 
    • More information on how the SAVE America Act would impact Wisconsin voters is available here.

MEGA Act — H.R. 7300 (The Make Elections Great Again Act)

  • MEGA Act Status:
    • Introduced (1/30/2026). Neither chamber has taken it up. 
  • What is the MEGA Act?
    • The MEGA Act would impose an onerous documentary 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 investigating and prosecuting alleged election irregularities. 
    • It would also impose burdensome restrictions on certain types of voting equipment currently used 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 would have no impact on Wisconsin voters and elections unless it passes both the House and the Senate and the president signs it, which is very unlikely. 
    • More information on how the MEGA Act would impact Wisconsin voters is available here.

U.S. Supreme Court

Louisiana v. Callais (decided May 2026)

  • What was the Callais decision?
    • In Louisiana v. Callais, the U.S. Supreme Court struck down Louisiana’s congressional map. The Supreme Court held that the state unconstitutionally considered race when drawing the districts. 
    • The ruling’s reinterpretation of the Voting Rights Act makes it nearly 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 designed to help minority communities 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 allowing 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 providing similar grace periods for mail ballots postmarked by Election Day do not violate existing federal law. 
    • The Supreme Court’s decision means the current laws in 14 states and D.C. that allow a grace period for ballots postmarked by Election Day can remain in effect for all elections unless those states’ legislatures decide otherwise. 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 confuse 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 Watson ruling has no effect in Wisconsin.

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

Presidential Executive Orders on Elections

The Elections Clause of the U.S. Constitution clearly gives the states authority and control over election administration. The Constitution repeatedly favors state over federal control of election administration. No provisions give the president explicit authority over elections. Only Congress can “make or alter” regulations. States are not “the agents of the federal government” in election administration (Article I, Section 4; Article II, Section 1; and 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-obtain documents such as passports or birth certificates to register and vote. 
  • What is the status of this executive order? Has it gone into effect in Wisconsin?
    • Several lawsuits challenged the president’s March 2025 executive order. Courts blocked many provisions of the order from going into effect because they exceeded the president’s authority. The order currently has no impact on Wisconsin voters or 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 voter registration assistance, and that would require U.S. citizens living overseas or serving in the military to provide proof of citizenship 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?
  • What is the status of this executive order? Has it gone into effect in Wisconsin?
    • On September 14, 2026, the U.S. Supreme Court blocked the president’s attempt to use the U.S. Postal Service to limit mail voting ahead of the November midterms. The executive order currently has no impact on Wisconsin voters or elections.
    • While the Supreme Court’s ruling prevents the postal rules from taking effect in this year’s midterm election, lawsuits challenging the order continue to move through the courts. For more information on the USPS rule and its current status, go 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 6th Circuit Court of Appeals affirmed the dismissal of the DOJ’s lawsuit seeking to access Michigan’s voter rolls. It 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.

U.S. Federal Agencies 

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

On September 25, 2026, the U.S. Supreme Court set aside a lower-court ruling that had prevented the Department of Homeland Security (DHS) from providing states access to the SAVE (Systematic Alien Verification for Entitlements) database with enhanced features for investigating voter eligibility. Separately, a federal district court in Florida ordered DHS to restore Florida, Indiana, Ohio, and Iowa’s access to expanded SAVE database features. The 2025 settlement agreement includes bulk uploads and searches by Social Security number.

Some state and local election officials have used the SAVE system to verify voters’ citizenship status, sometimes erroneously flagging eligible voters for removal. The U.S. Supreme Court’s ruling means all states should have access to the SAVE tool leading up to November’s elections (and after).

WEC has determined that Wisconsin law does not allow Wisconsin election officials to use the SAVE database. Wisconsin officials are not currently using the SAVE system, and the state is not involved in the current court cases. This does not affect how Wisconsin conducts elections.

NEW: Department of Homeland Security Launches Voter Fraud Investigation

In early September, the U.S. Department of Homeland Security launched a voter fraud investigation in nine states, including Wisconsin. The probe is anticipated to continue through October, and DHS has threatened to withhold federal election funding from states that don’t cooperate. Wisconsin primarily funds its elections through state funds. Wisconsin election officials have said they plan to cooperate with law enforcement while complying with state laws and protecting voters’ privacy. More about the investigation and Wisconsin election officials’ responses are here.

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.

On May 21, 2026, U.S. District Judge James Peterson dismissed the federal DOJ’s lawsuit demanding that the Wisconsin Elections Commission (WEC) provide the federal government with state voter lists that include confidential voter information. WEC defended its refusal to turn over unredacted voter lists, saying state law prevents it. 

The federal DOJ has sued 30 states and D.C. for refusing to hand over their unredacted voter lists. At least 16 have released their voter list information. Wisconsin joins 26 other states whose cases have been dismissed. On June 5, 2026, the DOJ appealed the judge’s dismissal of its lawsuit to the U.S. Court of Appeals for the 7th Circuit. Learn more here.

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 certifies election equipment, distributes Help America Vote Act (HAVA) funds, and develops the federal voter registration form. 

State and local officials, along with bipartisan teams in each community, run elections. 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 Letters 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 noncitizens to vote. The letters have no immediate practical effect. Every state, including Wisconsin, already has procedures to prevent noncitizens from voting. More about the letters and reactions to them is here.