Wisconsin Election Commission Sued Over Security Concerns About Its Online Registration System

A voter casts her ballot in the state's primary election at a polling location in Green Bay, Wis., on April 2, 2024. Scott Olson/Getty Images

The Wisconsin Election Commission is facing a lawsuit seeking an immediate injunction to prevent any further use of MyVote, the state’s online system for voter registration and absentee ballot requests.

The plaintiffs cite serious cybersecurity vulnerabilities that they argue could compromise election integrity and put voters’ personal data at risk.

The complaint, filed on Oct. 22 in the Eastern District of Wisconsin, was brought by Dawn McCole, a voter from Oneida, and Jeanette Merten, a municipal election clerk from Oshkosh and a registered voter. They allege that vulnerabilities in MyVote endanger their personal information and, more broadly, undermine election security.

McCole and Merten said they are at risk of disenfranchisement due to possible fraudulent voter registrations or ballot requests facilitated by MyVote’s security flaws. Merten said these vulnerabilities impede her ability to perform her duties as a clerk, compromising the integrity of the election process she oversees.

Specifically, the plaintiffs allege that the portal lacks user authentication, allowing users to modify voter information or request absentee ballots without creating secure accounts. The system also requires minimal verification—only a voter’s name and birthdate—to request an absentee ballot, with McCole and Merten saying that this facilitates impersonation. Since MyVote does not require a photo ID, it further increases the potential for fraud, they allege.

The portal is also alleged to be vulnerable to virtual private network (VPN) use, which could facilitate more severe forms of fraud, such as altering voter registration details or addresses.

Finally, the system lacks advanced cybersecurity safeguards, which the plaintiffs say makes it susceptible to data breaches and unauthorized access.

The lawsuit emphasizes that while Wisconsin’s online voter registration for the Nov. 5 election closed on Oct. 16, the portal remains active for managing absentee ballot requests and other adjustments through Election Day.

To support their claims, the plaintiffs reference the indictment of Harry Wait, who allegedly used MyVote to request absentee ballots in the names of two voters without authorization. Wait’s actions demonstrate how the system can be exploited for election fraud, according to the plaintiffs.

The plaintiffs have requested an immediate injunction to shut down MyVote until adequate security measures are implemented, warning that its continued use could disenfranchise voters and compromise the upcoming election.

“As such, use of the MyVote portal should be enjoined until the system and website can be redesigned and redeveloped, or retooled, and tested for cybersecurity vulnerabilities of the kind illustrated within the Harry Wait indictment,” the plaintiffs wrote in their complaint. “The inadequate cybersecurity safeguards present within the MyVote website pose significant risks to the integrity of the electoral process and the personal data of Wisconsin voters.”

A request for comment on the allegations sent to the Wisconsin Election Commission was not immediately returned.

The lawsuit was filed one day before in-person absentee voting began in Wisconsin. As of Oct. 20, more than 590,000 absentee mail ballots had been mailed statewide, with nearly 325,000 of them already returned, according to the Wisconsin Elections Commission. Voters casting in-person absentee ballots in Wisconsin must provide a photo ID.

Litigation citing concerns of potential election fraud is far from unique to Wisconsin this election cycle. Across the country, legal challenges related to absentee voting and election security have intensified as Election Day approaches, with roughly 95 election-related lawsuits filed in the seven battleground states that will decide the 2024 election.

For instance, lawsuits have emerged in Arizona, Georgia, and Pennsylvania, over issues ranging from ballot drop boxes to signature verification processes.