Second Wisconsin Supreme Court ruling proves VP Pence erred, Rules Public Absentee Drop Boxes Illegal, WI 2020 election results should be decertified
Second Wisconsin Supreme Court ruling proves VP Pence erred, Rules Public Absentee Drop Boxes Illegal, WI 2020 election results should be decertified
From the Wisconsin Supreme Court ruling today.
“V. CONCLUSION
¶204 The majority/lead opinion correctly concludes that WEC's March 2020 and August 2020 memos are invalid because they are inconsistent with Wisconsin law. Wisconsin's election statutes require that to return an absentee ballot in person, voters must personally deliver their ballot to the clerk or the clerk's authorized representative at either the clerk's office or a designated alternate site. Wis. Stat. §§ 5.02(10), 6.855, 6.87(4)(b)1., 6.88(1). WEC's memos conflict with these statutory requirements by advising that individuals other than the voter may return the voter's ballot to the municipal clerk, that unstaffed drop boxes are permissible, and that drop boxes may be located at places other than the municipal clerk's office or alternate sites.”
This was referred to in Wisconsin Assembly Resolution 3 January 4, 2021 and presented to Mike Pence.
“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);”
Furthermore:
On March 31, 2020 the Wisconsin Supreme Court filed the following ruling in Jefferson v Dane County:
“The temporary injunction the petitioners seek would order respondent, Scott McDonell, the Dane County Clerk, to remove a March 25, 2020 Facebook post in which he indicated, inter alia, that all Dane County voters could declare themselves to be “indefinitely confined” under Wis. Stat. § 6.86(2) due to illness solely because of the Wisconsin Department of Health Services Emergency
Order #12 (the Safer at Home Order) and difficulties in presenting or uploading a valid proof of identification, thereby avoiding the legal requirement to present or upload a copy of the voter’s proof of identification when requesting an absentee ballot. 1 The petitioners further ask this court
to order respondent McDonell and respondent Dane County to issue new statements setting forth the statutory interpretation proposed by the petitioners.”
In regard to clarification, the WEC has met and has issued guidance on the proper use of indefinitely confined status under Wis. Stat. § 6.86(2) in its March 29, 2020 publication, “Guidance for Indefinitely Confined Electors COVID-19.” The WEC guidance states as follows:
1. Designation of indefinitely confined status is for each individual voter to make
based upon their current circumstances. It does not require permanent or total
inability to travel outside of the residence. The designation is appropriate for
electors who are indefinitely confined because of age, physical illness or
infirmity or are disabled for an indefinite period.
2. Indefinitely confined status shall not be used by electors simply as a means to
avoid the photo ID requirement without regard to whether they are indefinitely
confined because of age, physical illness or infirmity, or disability.
We conclude that the WEC’s guidance quoted above provides the clarification on the purpose and proper use of the indefinitely confined status that is required at this time.”
This was referred to in Wisconsin Assembly Resolution 3 January 4, 2021 and presented to Mike Pence.
“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.”
