In June of 2025, the Wisconsin Department of Justice’s Office of Open Government published an updated version of the Wisconsin Public Records Law Compliance Guide. For those unfamiliar with the Wisconsin Public Records Law Compliance Guide, it summarizes cases, rules, statutes, and opinions relating to one of the most significant and common legal obligations faced by Wisconsin public entities: public records requests. The Compliance Guide offers guidance on the most common questions relating to public records requests, such as whether a document is a “record” subject to disclosure, or when notice to the record subject is required.
When compared to the 2024 version of the Compliance Guide, there are few material updates to the 2025 version. Yet, there are certain relevant changes within the 2025 version that records custodians should familiarize themselves with:
- Records Custodians Should Respond to All Records Requests. The 2025 version of the Compliance Guide reminds records custodians that they should respond to all records requests, including those where no records are responsive to the request, by explicitly including the following language: “if no responsive records exist, the records custodians should inform the requester.”
- Home Address of Local Public Official or Employee Who, as a Condition of Employment, is Required to Live in a Specific Location. Generally, the home address of an elected official or public employee shall not be disclosed, unless the authority to hold such an office or position is conditioned upon the requirement for the local public official or employee to reside in a certain area. For example, apportioned school board seats may be split among geographic regions where the elected official must reside in order to qualify for a school board seat. Consideration is given to whether the person subject to such request is a “judicial officer” (i.e., a judge) who has sought privacy protections under Wis. Stat. § 757.07(4). In this instance, certain personally identifiable information and addresses may be exempt from disclosure (e.g., home address, personal phone number, date of birth, marital status, etc.). The Compliance Guide was updated to remind records custodians of this “judicial officer” exemption.
- Personally Identifiable Information of Election Officials. According to Wis. Stat. §19.36(14), “personally identifiable information of election officials or election registration officials” is information exempt from disclosure; however, the name and city/state of residence of the election official may be disclosed. This exemption only applies if the election official submits a written request to the government entity requesting that such information be kept confidential. The Compliance Guide was updated to remind records custodians of the considerations for disclosure specific to “election officials.”
- Government Entity Discretion to Provide Records for Free or Reduced Charge. Stat. § 19.35(3)(e) gives public entities authority to provide records for free or at a reduced rate. “An authority may provide copies of a record without charge or at a reduced charge where the authority determines that waiver or reduction of the fee is in the public interest.”
- Penalties Available on Requester’s Challenge of Information Withheld/Redacted. If a government entity withholds any information responsive to a public records request, the requester may seek court intervention to determine whether the withheld information is exempt from disclosure. If the court finds that the government entity wrongfully withheld records that were subject to disclosure, the requester may recover attorney’s fees (i.e., the reasonable cost of legal services associated with such court intervention). Public entities are notified that, consistent with the Court of Appeals case, Stat. J. v. Blazel, 2023 WI App. 18, courts may impose attorney’s fees regardless of the government entity’s voluntary disclosure once litigation has commenced. The Compliance Guide was updated to inform records custodians that voluntary disclosure of records, after wrongfully withholding such records initially, does not absolve the government entity of legal consequences, including financial penalties.
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