CNN fact checked: Wisconsin legislature effectively decertified 2020 electors with Assembly Resolution 3, “Those circumstances of departure from the letter of the law include ….the following:”
VP Pence ignored Wisconsin effort to correct their electoral vote submission
CNN fact checked: Wisconsin legislature effectively decertified 2020 electors with Assembly Resolution 3, “Those circumstances of departure from the letter of the law include ….the following:”
CNN attacks GateWay Pundit for bringing up the possibility of Wisconsin decertifying their 2020 electors.
“Fact check: Right-wing website falsely claims Wisconsin assembly voted to withdraw its Biden electoral votes”
“When The Gateway Pundit updated its article on Tuesday, it changed the headline to make a narrower claim. The revised headline said the "HUGE BREAKING NEWS" was that the Wisconsin assembly had voted to "advance" a lawmaker's resolution to withdraw the state's electors.
But the narrower claim was false, too.”
“After Biden beat Trump in Wisconsin by more than 20,000 votes, Democratic Gov. Tony Evers certified Biden's victory in the state on November 30, 2020. Lawful electors, including the 10 Biden electors from Wisconsin, cast their votes in the Electoral College on December 14, 2020, formalizing Biden's 306-232 win over Trump. Congress affirmed Biden's victory when it counted the electoral votes on January 6, 2021. Biden was inaugurated as president on January 20, 2021.”
From the Wisconsin Legislature January 4, 2021.
January 4, 2021 – Introduced by Representative Allen.
***AUTHORS SUBJECT TO CHANGE***
Relating to: addressing election law violations.
Whereas, in the United States, the power to govern is given by the people
through the process of democratic elections. It is by this process that our government obtains legitimacy; and
Whereas, we have three branches of government, and the legislative branch,
consisting of duly elected representatives of the people, is the branch charged with the power to write the laws. It is through this process that our government maintains legitimacy; and
Whereas, when the executive branch or administrative agencies charged with
enforcing the laws instead choose to step outside of the law, or go beyond the law, or stretch the law to something other than what is written, the legitimacy of the government begins to erode; and
Whereas, the 2020 election and the recount of the results of the presidential
election have brought to light a number of areas in which the letter of the law is not being followed. Those circumstances of departure from the letter of the law include, but are not limited to, the following:
1. Clerks provided absentee ballots to electors without applications, as
required by Wis. Stat. § 6.86.
2. Clerks and deputy clerks authorized by the municipal clerk failed to write
on the official ballot, in the space for official endorsement, the clerk’s initials and
official title, as required by Wis. Stat. § 6.87 (1).
3. Clerks issued absentee ballots to electors who were required to enclose a copy
of proof of identification or an authorized substitute document, but who failed to do so under Wis. Stat. § 6.87 (1).
4. Clerks failed to enter initials on ballot envelopes indicating whether the
elector is exempt from providing proof of identification, as required by Wis. Stat. § 6.87 (2).
5. Clerks in Milwaukee and Dane Counties declared electors in their counties
to be “indefinitely confined” under Wis. Stat. § 6.86 (2), causing chaos and confusion, and failed to keep current the mailing list established under that subsection; more than 215,000 electors thus avoided identification requirements and safeguards that the legislature has established.
6. Clerks and the boards of canvassers permitted absentee ballots returned
without the required witness address under Wis. Stat. § 6.87 (2) to be counted in
contravention of Wis. Stat. § 6.87 (6d).
7. Clerks who received absentee ballots with improperly completed certificates
or no certificates filled in missing information in contravention of Wis. Stat. § 6.87 (9).
8. The Wisconsin Elections Commission, in contravention of Wis. Stat. § 6.875,
barred special voting deputies from entering qualified nursing homes and assisted living facilities, instead mailing ballots to residents directly, thereby avoiding safeguards the legislature put in place to protect our most vulnerable citizens and loved ones.
9. The clerk of the City of Madison ignored Wis. Stat. § 6.855 and created an
event named “Democracy in the Park” and, of her own accord, designated alternate sites where absentee ballots could be collected; these ballots were counted in contravention of Wis. Stat. § 6.87 (6); and
Whereas, without legitimacy, the government of the people, by the people, and
for the people shall not stand. Instead, our government will devolve into a system of coercion and bribery that seeks to use the guise of elections to hold a degree of credibility; and
Whereas, the people of Wisconsin are demanding that the legislature address
questions of legitimacy; now, therefore, be it
Resolved by the assembly, That: the Wisconsin State Assembly recognizes
that the most important function for a government is to conduct fair and honest
elections that follow the duly enacted law; and, be it further
Resolved, That when there are significant portions of the population that
question the integrity of the elections due to the failure of election officials to follow the letter of the law, it is incumbent upon the legislature to address the issues that are in question; and, be it further
Resolved, That the members of the Wisconsin State Assembly place the
redress to these and other election law violations and failed administrative procedures as its highest priority and shall take up legislation crafted to ensure civil officers follow the laws as written.”
There is nothing in the US Constitution that prevents a state from correcting its electoral vote submission prior to counting by congress.
Apparently that is what WI was planning on doing.
Over 100 State legislators signed a letter requesting that VP Mike Pence delay the January 6th opening and counting of the electoral votes.
“On January 6, 2021, you are statutorily authorized and required under the Electoral Count Act of 1887 to preside over both houses of Congress to count and record the Presidential electoral vote count to elect the President and Vice President of the United States. This congressionally set deadline, however, is not the supreme law of the land, and in fact must not supersede our state legislative authority under the Constitution. Moreover, the deadline is not necessitated by circumstances, especially when it truncates the fulfillment of our constitutional duties and our responsibility to the American people.”
“There are extensive and well-founded accusations of electoral administration mismanagement and deliberate and admitted violations of explicit election laws enacted by state legislatures in Arizona, Georgia, Michigan, Pennsylvania, and Wisconsin,”
“Therefore, we write to ask you to comply with our reasonable request to afford our nation more time to properly review the 2020 election by postponing the January 6th opening and counting of the electoral votes for at least 10 days, affording our respective bodies to meet, investigate, and as a body vote on certification or decertification of the election. This action can be completed prior to the inauguration date, as required by the Constitution.”
Wisconsin signers:
Brandtjen, Janel WI Rep
Brooks, Robert WI Rep
Gundrum, Rick WI Rep
Horlacher, Cody WI Rep
Jacque, André WI Senator
Knodl, Dan WI Rep
Magnafici, Gae WI Rep
Murphy, Dave WI Rep
Mursau, Jeff WI Rep
Ramthun, Timothy WI Rep
Sanfelippo, Joe WI Rep
Schraa, Michael WI Rep
Sortwell, Shae WI Rep
Thiesfeldt, Jeremy WI Rep
Wichgers, Chuck WI Rep
VP Mike Pence failed in his duty to allow the states to correct their submissions.