A recent analysis by the Wisconsin Institute for Law & Liberty highlights a significant vulnerability within Wisconsin’s election framework. The issue involves the possibility of over 140,000 Wisconsin residents participating in the 2024 elections without ever having to demonstrate their identity, due to their ability to classify themselves as “Indefinitely Confined.” This designation allows them to perpetually receive absentee ballots without the need for an ID presentation.
Since 2016, the use of the “Indefinitely Confined” status has experienced a remarkable increase, from about 66,000 registrants to an overwhelming 265,979 in 2020. This surge occurred during the pandemic when certain local officials in areas with a strong Democratic presence suggested leveraging this loophole to bypass the state’s voter ID laws. This maneuver was later criticized by the Supreme Court, which unanimously condemned the practice.
The 2020 elections witnessed Joe Biden securing victory over Donald Trump in Wisconsin by a narrow margin of over 20,000 votes. This represented a significant shift towards the Democrats compared to the 2016 elections, which saw Trump winning the state.
Will Flanders, the WILL Research Director, expressed concern over the diminishing trust in the electoral process both in Wisconsin and nationwide, saying, “Confidence in our elections continues to be dangerously low in Wisconsin and across the country.” He emphasized the importance of voter ID as a crucial and successful measure for ensuring election security and integrity, criticizing the Governor’s inaction to address this loophole post-2020. He advocated for local election officials to take steps toward closing this gap.
Under Wisconsin’s voter ID laws, presenting an ID is a general requirement for voting, though not for voter registration. The “Indefinitely Confined” provision currently acts as a bypass for this requirement.
Kyle Koenen, the WILL Policy Director, noted that this exemption was initially created to assist individuals who are unable to physically visit polling stations due to health or age, stating, “The indefinitely confined status was designed to provide those who are elderly, sick, or physically unable to get to the polls with an opportunity to vote.” He mentioned, however, that despite the noble intentions behind it, the provision is flawed and in need of rectification based on the findings of their report.
The state mandates the exclusion of voters from the indefinitely confined list under certain conditions. According to the report from WILL, there are protocols for removing voters who fail to return their absentee ballot. Notably, the report claims that compliance with these laws is inconsistent across counties, with the number of active users of the exemption still standing at approximately 144,347.
With the latest polls pointing to a close race between Trump and Vice President Kamala Harris in Wisconsin as the election approaches, the issue of the “Indefinitely Confined” loophole has garnered significant attention.
