On Friday, the Wisconsin Supreme Court ruled 5-2 to block the removal of 129,000 voters from the rolls. The Justices rejected a lawsuit brought by a right-wing group.
On September 23, 2020, Black Voters Matter issued a report by the Palast Investigative Fund which proved that, despite claims of the right-wing Wisconsin Institute for Law and Liberty, that 39,722 voters they claimed had moved away from the registration addresses, had not, in fact, moved at all.
Watch the video of our original report here:
The State Elections Board, the only party allowed to defend against the purge by the Court, agreed with the finding that the purge would remove tens of thousand of legal voters and therefore refused to order the cancellation of these registrations.
President Joe Biden won Wisconsin by just 20,600 votes. Had the purge gone ahead, it is unlikely Biden could have taken the state. Tens of thousands of postcards and calls were made to those the Palast Fund identified as wrongly targeted voters, along with a mass publicity campaign, to warn these voters to re-register.
The decision hardly ends the battle to protect the voter rolls and as the Court ruled on narrow jurisdictional grounds.
Black Voters Matter Fund issued my foundation’s report, Wisconsin “Movers” Purge List Errors with a link to SaveMyVote2020.org where we list every single voter wrongly facing erasure of their voting rights.
This was not a sampling nor an estimate. Rather, four experts in what is called, “Address List Hygiene”—the same experts that confirm your address for Amazon, eBay and Home Depot—conducted a name by name review of address using 240 tested data feeds—where you get your Netfix films, your mortgage, your taxes, your credit card purchases—to locate you with absolute precision.
In addition it was all checked with the Post Office’s designated licensee, Merkle Inc., in charge of maintaining the deep historic change-of-address files.
As an economist and statistician by training, the technical term for the “movers” purge list is, “garbage.” Indeed, the State Board of Elections is resisting using a list they fear could be 15% wrong—unacceptable when the right of a citizen to vote is at stake. But our experts found the list twice as error-filled as the state’s guesstimate.
Look at the maps of Greater Milwaukee. They reveal a near-perfect match between the percentage of Black voters in a Census tract with the number of voters wrongly tagged as having moved.
Rick Esenberg brought this lawsuit on behalf of Wisconsin Institute for Law and Liberty (WILL). When I spoke to him, Esenberg admitted he had not checked his would-be voter cancellation list for accuracy. He never heard of Address List Hygiene and claims he has no idea that the list is overloaded with Black and low-income voters.
WILL is backed by the right-wing Wisconsin billionaire Bradley family foundation. That does not surprise Elections Commissioner Ann Jacobs who is blunt about their aim. “I think it’s crystal clear the intent of this suit was to remove voters in Milwaukee and Madison…on behalf of the Republican Party in an attempt to gain an advantage …particularly for the Presidential race.”
Catch Esenberg, Jacobs and the full story in our 7-minute film.
Whatever the intent, how could Esenberg’s group get it so wrong? It begins with a misuse of what is called the “ERIC” list. ERIC is the Electronic Registration Information Center of Washington.
ERIC, controlled by 30 state officials uses a limited and amateurish system for identifying those who have moved from their registration address. But that’s not a problem, as ERIC was not established to hunt voters for the purge but to find those who moved into a state or town and invite them to register.
ERIC often confuses common names like James Brown. But if the wrong James Brown gets a postcard inviting him to register, no harm done. But the Wisconsin Legislature and then-Gov. Scott Walker added a stinger: If a voter does not return the postcard, they must be removed from the voter rolls.
The card looks like “junk mail” – so less than 2% returned it. Our lead address verification expert John Lenser says, “not returning a postcard does not at all indicate someone has moved. People think it’s so-called ‘junk mail’ and toss it.” Indeed, he says, unless a card is returned “undeliverable,” that is evidence the voter has not moved.
Mark Swedlund, a recognized expert in mailings, notes from Census studies that minority, young and urban residents don’t always receive mass mailings and respond at only a fraction of the rate of white, older, suburban homeowners. In effect, the “Jim Crow” result is in the postcard return requirement.
The Palast Fund reached out to over 700 voters, and we heard the same story again and again: I never moved.
Adding to bias against low-income and young voters, these “junk mail” cards were sent to voters who moved within the cities of Milwaukee and Madison even though both federal and state law prohibits cancelling registrations of those who move within their city.
Our experts identified another 58,000 who moved within their county. Typical is student Phyo Zin Kyaw of Madison College who told us he moved just two doors down yet faces loss of his vote.
LaTosha Brown and Cliff Albright, co-founders of Black Voters Matter, who released the experts’ report, have had enough. “There is a small right-wing group which wants to undermine Black voters and young voters. They are desperate because they are losing power — so they are resorting to cheating and undermining the election by any means.”
Palast Investigative Fund attorney Jeanne Mirer submitted a copy of our findings to the Wisconsin Attorney General and the Wisconsin Board of Elections.