A significant issue has arisen in Marinette, Wisconsin, affecting absentee voters statewide. The Wisconsin Elections Commission (WEC) redesigned the envelopes for absentee ballots, wasting $600,000 from what they termed “election security funds.”
Even more concerning, should a judge permit the use of these envelopes in this year’s election, there would be no documented chain of custody for the ballot requests. This could potentially facilitate voter fraud in Wisconsin, whether intentional or unintentional.
In August of last year, the WEC unveiled a redesigned version of the absentee certification envelopes, aiming to “provide voters with a more user-friendly way to vote absentee in upcoming elections.”
WEC, however, does not have the authority to change state election laws in Wisconsin.
Last Friday, a judge in Marinette County issued a temporary restraining order against the WEC in response to a lawsuit. The suit claims that the commission’s redesign of absentee ballot envelopes breaches current Wisconsin election laws.
Wisconsin lawyers Kevin Scott and Dan Eastman are representing Thomas Oldenburg, a voter from Marinette County, in the lawsuit concerning “the envelope case.”
According to Wisconsin law, to make an absentee ballot valid, the voter must include a signed statement inside the envelope. However, the new envelope introduced by the WEC asks voters to certify the envelopes on their own.
Scott and Eastman contend that this action breaches current state election laws, as an envelope cannot serve as a substitute for a legally mandated application form.
“The Hobson’s choice is either you sign a false statement under oath or you don’t get your absentee ballot counted. Now everybody should care about that. That’s not a partisan issue because these envelopes were created by the bipartisan Wisconsin Elections Commission,” Scott stated in a press release.
Unlike previous versions, the new EL-122 envelopes include a section where the voter must certify, under penalty of law, that they requested the ballot and that the EL-122 is either an original or a copy of that request.
“The problem with these envelopes is that they force voters, under penalty of law, to make a false statement. That false statement in which they’re returning an absentee ballot is a copy of the application for the absentee ballot. It’s the most ridiculous, absurd statement you could make,” Scott added.
Additionally, Scott and Eastman contend that permitting the use of these new envelopes in upcoming elections will deprive absentee voters in Wisconsin of their voting rights.
“So at this point in Wisconsin, the only way you can vote is in-person at a polling place because you can’t use the envelope until WEC fixes the envelope, or you know, the judge pulls the TRO. The point is, we have a state agency that is basically out of control,” Eastman said at a press conference in Union Grove on Monday.
State Rep. Janel Brandtjen (R-Menomonee Falls), election integrity hero, was ousted from her position on the Election Committee by Wisconsin Speaker Robin Vos, who is known for his opposition to Trump. Brandtjen labeled the recent WEC scandal as a “incredible disaster.”
According to The Federalist, Brandtjen said, “There is no trail for requesting a ballot. … This would make the mail-in delivery system untraceable.”
“Do you just want to hand the election to the Democrats? There is no downside to cheating in the state of Wisconsin with Republicans who are uneducated or unwilling to understand election law as it stands,” She added.
Brandtjen also renewed calls to remove Wisconsin Elections Commission Administrator Meagan Wolfe.
The accusations against Wolfe involve endorsing and inciting unlawful modifications of absentee ballot applications during the 2020 presidential election in Wisconsin.
“People will say, ‘What’s the big deal?’ but absentee ballot voting being misused is a real issue. This hurts an entire community’s vote,” Scott said.
In March, Wisconsin Democrat Kimberly Zapata was convicted on all charges related to a voter fraud plot involving military ballots in the battleground state. Prosecutors allege that in 2022, she requested military ballots using made up names.
Judge James Morrison is scheduled to make a final judgment on this case on Wednesday, June 5, at 1 p.m.
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