How to File a Public Records Request in Wisconsin
Wisconsin's Open Records Law (Wis. Stat. §§ 19.31–19.39), first enacted in 1982, establishes a strong presumption that all persons are entitled to the greatest possible access to government records. The law applies to state and local agencies, boards, commissions, elected officials, municipalities, and school districts. Unlike many states, Wisconsin does not impose a specific number of days for response; instead, agencies must fill or deny requests "as soon as practicable and without delay" under Wis. Stat. § 19.35(4)(a). No statement of purpose is required, and requesters need not identify themselves. The burden falls on the government to justify any denial by citing a specific statutory or common law exemption, or by demonstrating that a compelling public interest in nondisclosure outweighs the presumption of openness.
The Wisconsin Open Records Law
- Statutory Citation
- Wisconsin Statutes §§ 19.31–19.39
- Response Deadline
- 10 business days
- Fee Provisions
- Under Wis. Stat. § 19.35(3), agencies may only charge fees for four specific tasks: reproduction and transcription; photographing and photographic processing; locating records (only when location costs total $50 or more); and mailing or shipping. All fees must reflect the actual, necessary, and direct cost — agencies may not profit from records requests. Agencies may require advance payment only when the estimated total fee exceeds $5.00. Fee waivers are permitted when disclosure is in the public interest.
- Key Exemptions
- Wisconsin's law includes eight general statutory exemptions, covering law enforcement records protected by federal law, identities of confidential informants, trade secrets, financially identifying information, applicants for government positions who request confidentiality (waived if they become a finalist), records obtained through subpoenas or search warrants, certain personnel investigation records, and records specifically exempted by other state or federal statutes. Courts apply a balancing test when no explicit exemption applies, weighing the public interest in disclosure against any competing interest in confidentiality.
- Appeal Process
- Wisconsin does not provide an administrative appeals process. If a request is denied or unreasonably delayed, a requester may: (1) contact the records custodian to seek reconsideration; (2) submit a written complaint to the Wisconsin Attorney General's Office of Open Government for advice; (3) request that the district attorney of the county where records are located file a mandamus action; or (4) file their own mandamus action in circuit court under Wis. Stat. § 19.37(1). If the requester prevails in whole or in substantial part, the court shall award reasonable attorney fees and minimum damages of $100. Agencies that arbitrarily or capriciously deny requests or charge excessive fees may be ordered to forfeit up to $1,000.
- Ombudsman
- Wisconsin does not have a standalone public records ombudsman. The Wisconsin Department of Justice's Office of Open Government (OOG) handles public inquiries, reviews complaints, issues advisory opinions, and publishes compliance guides, but it cannot compel agencies to produce records — formal enforcement requires a mandamus action in circuit court.
City FOIA Guides in Wisconsin
Select a city below for a detailed guide on how to file a public records request with that municipality.
Need Help with Public Records in Wisconsin?
If you're dealing with missing records or unresponsive agencies in Wisconsin, Project Paper Trail can help you follow the paper trail on development approvals.
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