Conservative groups are racing into a Waukesha County courtroom to stop a brand‑new Wisconsin law that says anyone gathering signatures for state or local candidates has to be a Wisconsin resident. They argue the rule clamps down on political speech right when candidates most need help qualifying for the ballot.
The lawsuit was filed by the Wisconsin Institute for Law & Liberty on behalf of the Americans for Citizen Voting PAC and names members of the Wisconsin Elections Commission as defendants. According to WisPolitics, the complaint in Waukesha County Circuit Court says the residency rule “unlawfully restrict(s) core political speech and association rights” and asks the judge for an emergency order blocking enforcement while petitions are being circulated.
Republican lawmakers pushed the change after two unsuccessful recall efforts targeting Assembly Speaker Robin Vos. Rep. Jim Piwowarczyk (R‑Hubertus) helped sponsor the measure, Wisconsin Public Radio reported. Backers say the residency requirement will boost accountability and keep outside operatives in check. Critics counter that it will kneecap campaigns that rely on large networks of volunteers or paid circulators, especially when those networks stretch across state lines. The political fight has now traded the Capitol for the courthouse.
A state investigation found that more than a dozen people recruited to circulate petitions turned in fake signatures or listed bogus addresses, and that many of those circulators lived out of state, according to the Milwaukee Journal Sentinel. The Elections Commission later referred 13 individuals to prosecutors over alleged false addresses and fraudulent signatures, Wisconsin Law Journal reported. Republican supporters say the new law is a direct answer to those findings. The plaintiffs say it sweeps in far more speech than any fraud problem could justify.
Known as Act 126, the measure was signed by Gov. Tony Evers in March. Plaintiffs say it now threatens to cut off campaigns from using willing out‑of‑state supporters during the current nomination period, according to WisPolitics. Lawyers for Americans for Citizen Voting have asked the court for immediate relief, pointing out that the petition circulation window opened April 15 and the filing deadline is June 1. In other words, the clock is already ticking.
Legal Stakes and Precedent
The lawsuit leans on a stack of past cases that struck down or trimmed back in‑state residency rules for petition circulators. That includes the Seventh Circuit’s decision in Krislov v. Rednour, which stressed that residency requirements can improperly limit political speech. The plaintiffs argue Act 126 is not narrowly tailored to fight fraud and say less restrictive tools, such as criminal penalties for forged signatures, could deal with bad actors without curbing legitimate political activity. The judge will have to decide whether Wisconsin’s stated interest in election integrity is strong enough, and specific enough, to justify the law’s broad reach.
A spokeswoman for the Elections Commission declined to comment to the Journal Sentinel, and an aide to Rep. Piwowarczyk did not immediately respond to requests for reaction. A judge will now decide whether to issue a temporary block on the law. If that happens, campaigns could once again bring in out‑of‑state circulators while the nomination window remains open.
