Wisconsin Secretary of State Settles Open Records Lawsuit Brought by Conservatives

Settlement Agreement Reached

Wisconsin’s Democratic Secretary of State, Sarah Godlewski, settled an open records lawsuit with the Institute for Reforming Government (IRG) on Wednesday. The conservative policy group had challenged Godlewski over her response to an open records request. Under the settlement, Godlewski has agreed to respond to all future open records requests promptly, even when no records exist.

Background of the Lawsuit

The IRG sought records in 2023 related to Godlewski’s appointment as Secretary of State by Governor Tony Evers. The request was filed the same day Godlewski was appointed, a move that took even her by surprise. Godlewski did not respond to the request for 189 days, initially claiming that she had no responsive records. However, after the lawsuit was filed, she turned over emails from her private account that were sent to an account used by her predecessor, Doug La Follette. These emails discussed personal issues and state business raised by La Follette.

Terms of the Settlement

Under the settlement terms, Godlewski has agreed to respond to future open records requests as soon as practicable and without delay. Respond even when the office determines that no records exist. Check private emails used for state business and provide any responsive records.

Reactions to the Settlement

CJ Szafir, President and CEO of the Institute for Reforming Government, expressed satisfaction with the settlement, stating, “We requested these records as part of our mission to maintain vigorous oversight of state agencies, and we are pleased that this litigation has resulted in a policy change that will benefit all record requesters going forward.”

Lucas Vebber, attorney for the Wisconsin Institute for Law and Liberty, which represented IRG, said the settlement ensures state law will be followed in the future.

Godlewski maintained that her office “has and will continue to follow open records law,” according to a statement she released.