AJR120: Joint Resolution Text

LRB-5792/1

MPG:amn&wlj

2021 - 2022 LEGISLATURE

2021 Assembly JOINT RESOLUTION 120

January 25, 2022 - Introduced by Representative Ramthun. Referred to Committee on Rules.

AJR120,1,3 Relating to: Wisconsin election reform and reclaiming the electoral ballots for President and Vice President that were certified under fraudulent intent and purpose.

AJR120,1,11 Whereas, the Center for Tech and Civic Life (CTCL) enabled the illegal use of over 500 voter drop boxes in Wisconsin, infringing Wis. Stat. § 6.87 (6), in all 72 counties under Elections Commission guidance issued on August 19, 2020, and the use of drop boxes was organized by the Cybersecurity and Infrastructure Security Agency (CISA), which worked in conjunction with other national organizations like the CTCL, Center for Election Innovation and Research (CEIR), and National Conference of State Legislatures (NCSL), which, on October 2, 2020, promoted CISA's campaign of illegal drop boxes; and

AJR120,2,7 Whereas, the Wisconsin Supreme Court stated in Trump v. Biden, 2020 WI 91, “On March 25, 2020, the Dane and Milwaukee County Clerks issued guidance on Facebook suggesting all voters could declare themselves indefinitely confined because of the pandemic and the governor's then-existing Safer-at-Home Order. This court unanimously deemed that advice incorrect on March 31, 2020, and we noted that the WEC guidance . . . provides the clarification on the purpose and proper use of the indefinitely confined status that is required at this time,” which verifies that the Elections Commission gave improper guidance in the 2020 election, and in her dissent in Trump v. Biden, Wisconsin Supreme Court Justice Rebecca Grassl Bradley revealed that the Elections Commission infringed Wis. Stat. §§ 5.05 (1), 6.84 (1) and (2), 6.86, 6.87 (3), (4), (5), (6), (7), and (9), and 227.112 (3); and

AJR120,2,12 Whereas, on December 7, 2020, Elections Commissioner Dean Knudson filed a complaint against Meagan Wolfe under Wis. Stat. § 7.70 (5) for the rushed ascertainment of certification of the 2020 election before time for filing an appeal of the recount had passed, and revealed the planned haste to circumvent any further discussion or objection; and

AJR120,2,16 Whereas, the Assembly Committee on Campaigns and Elections has collected nearly 3,000 documents and e-mails with connection to election manipulations by the CTCL in five of Wisconsin's largest cities, and there are five lawsuits in those cities against the Elections Commission; and

AJR120,2,20 Whereas, data experts have studied the historical voter trends based on population growth for both the entirety of the State of Wisconsin and its counties individually, and those studies reveal the normal inverse relationship of data was not present in the 2020 election results, which is a statistical impossibility; and

AJR120,2,25 Whereas, the WisVote database reflects 7.1 million registered voters in a state with a population of 5.8 million and a voting age population of 4.5 million, and the WisVote database is riddled with incomplete and misrepresented data, including thousands of voters with the same phone numbers, addresses, and faulty zip codes, all of which reflects gross negligence in maintaining the database; and

AJR120,3,4 Whereas, grassroots canvassing efforts reveal 200 addresses in 31 counties in Wisconsin that have 200 to 400 registered voters at a single address, and a sampling of 1,000 actual 2020 absentee ballot envelopes from Milwaukee County found 23 percent had questionable addresses; and

AJR120,3,11 Whereas, the Elections Commission voted to do upgrades on Dominion voting machines on June 2, 2021, and, following a press release on August 11, 2021, voicing concerns about the deletion of log file data from those upgrades, the commission voted to allow upgrades to new ES&S voting machines on September 9, 2021, with no reassurances of protecting the data of the 2020 election on older machines, even though it was revealed the upgrades do erase log file data kept on the machine hard drives; and

AJR120,3,17 Whereas, the audit report of the nonpartisan Legislative Audit Bureau identified 44,272 voters who did not provide proper voter identification in the 2020 general election, revealed the mass increase of indefinitely confined voters from 4,505 in 2019 to 169,901 in 2020, revealed that 28.7 percent of all municipal clerks across all 72 counties used illegal drop boxes, and made 30 recommendations for the Elections Commission to rectify their actions; and

AJR120,3,21 Whereas, a total of 50 of the 69 county GOP parties released letters of support or resolutions asking for further investigation into the elections process, showing that over two-thirds of Wisconsin Republicans have no faith in the Elections Commission; and

AJR120,4,3 Whereas, commissioners and staff of the Elections Commission prevented the deployment of special voting deputies to care facilities, as confirmed by the Racine County Sheriff's Department, which found that on March 12, 2020, the Elections Commission knowingly and willfully directed all 72 county clerks to violate Wis. Stat. §§ 6.84 and 6.875 regarding absentee voting in certain residential care facilities and retirement homes, and the commission's unlawful direction clearly broke Wis. Stat. § 12.13 (2) (b) 7., which refers to intentionally violating election laws; and

AJR120,4,13 Whereas, at its December 8, 2021, public hearing, the Assembly Committee on Campaigns and Elections heard testimony from expert analyst Jeff O'Donnell, who found a multitude of irregularities when he analyzed data from the Wisconsin voter rolls, including that 93.7 percent of active voters participated in the 2020 general election, 205,355 voter registration applications were dated November 3, 2020, 957,977 individuals registered as new voters in 2020, 45,665 voters who registered did not have matching Division of Motor Vehicle records, 22 percent of active voters registered in the 6 months leading up to November, 3, 2020, 31,872 of those voters who registered in that 6-month period are now listed as inactive, and 42,000 voters who voted in the November 3, 2020, election are now listed as inactive; and

AJR120,4,21 Whereas, at its December 8, 2021, public hearing, the Assembly Committee on Campaigns and Elections heard testimony from expert analyst Dr. Douglas Frank, who revealed that patterns in the Wisconsin voter rolls showed that the voter rolls were inflated to the maximum possible number of voters according to census population data for every presidential election in Wisconsin since 2008 and that the voter rolls were purged shortly after each such election, and that these patterns were consistent across all 72 counties in Wisconsin, revealing that these activities were centrally controlled; and

AJR120,5,4 Whereas, at its December 8, 2021, public hearing, the Assembly Committee on Campaigns and Elections heard testimony from Attorney Erick Kaardal, who identified that the money provided by the CTCL and Mark Zuckerberg to local governments in Wisconsin relating to the 2020 general election violated Wis. Stat. § 12.11, which prohibits election bribery and states that “`anything of value' includes any amount of money, or any object which has utility independent of any political message it contains and the value of which exceeds $1,” and that amount was greatly exceeded; and

AJR120,5,9 Whereas, at the Growing Threats to Election Officials in Wisconsin Press Conference held on December 13, 2021, it was revealed that the CEIR is a biased organization that also received funding from Mark Zuckerberg, along with the CTCL, and that the CEIR is seeking to provide pro bono defense attorneys to election officials who used the CTCL money in the 2020 general election; and

AJR120,5,17 Whereas, on January 13, 2022, Waukesha County Circuit Court Judge Michael Bohren issued an oral ruling in court holding that the Elections Commission's guidance on absentee ballot drop boxes should have been promulgated as a rule under Wis. Stat. ch. 227; that state law provides just two legal methods for a voter to return an absentee ballot: through the mail or in-person at the municipal clerk's office or an alternate site designated according to law; and that ballot harvesting and returning absentee ballots to drop boxes are not legal methods to cast absentee ballots in Wisconsin; and

AJR120,5,21 Whereas, the U.S. Supreme Court has found that fraud vitiates and nullifies any contract: Boyce's Executors v. Grundy (1830) 28 U.S. 210; “Fraud vitiates the most solemn contracts, documents and even judgments.” United States v. Throckmorton (1878) 98 U.S. 61, 64; and

AJR120,6,2 Whereas, the November 2020 Wisconsin general election, as regulated and directed by the Elections Commission, was one of the most haphazard, controversial, and poorly managed elections in state history, shaking citizens' confidence in fair elections across Wisconsin, and with the culmination of these evidences, prove the results of the commission's certification of the 2020 election are considered fraudulent; now, therefore, be it

AJR120,6,6 Resolved by the assembly, the senate concurring, That the accumulated evidence proves the actions taken by the Elections Commission to certify the 2020 presidential election shall be considered contrary to law and fraudulent under Wis. Stat. §§ 6.84, 6.87 (6), 6.875, 12.11, and 12.13 (2) (b) 7.; and, be it further

AJR120,6,12 Resolved, That the Wisconsin Legislature, pursuant to its authority under Article II, Section 1, Clause 2 of the U.S. Constitution and 3 U.S.C. § 2, and consistent with guidance provided by the Constitutional Counsel Group in a memorandum dated December 30, 2021, acknowledges that illegality took place in conducting the 2020 general election and reclaims Wisconsin's 10 fraudulent electoral ballots cast for Joseph R. Biden and Kamala Harris; and, be it further

AJR120,6,15 Resolved, That the Wisconsin Legislature shall pass legislation with the intention to clean up the WisVote database and create separate servers for active and inactive voters; and, be it further

AJR120,6,21 Resolved, That the Wisconsin Legislature supports a full forensic physical and cyber audit of the 2020 general election, that this full forensic physical and cyber audit should be conducted by an independent and nonpartisan auditing firm with a scope statement approved by the Assembly Committee on Campaigns and Elections, and that this full forensic physical and cyber audit must include the following components:

AJR120,7,5 1. Total examination of voting system machines, including browsers, tabulators, scanners, routers and firewalls, switches, network and out-of-band management cards, internet or network connectivity, network and remote access, remote access applications, software installed or removed on the system, flash drives, thumb drives, event logs, scripts that have been run, the date on which data were last modified and what data were modified, whether during or after the election, systems and security updates, password policies, multifactor authentication, databases, adjudication records, administrator accounts, and log-in records.

AJR120,7,10 2. Kinematic artifact detection of all physical paper ballots, including whether ballots meet industry maximum allowable compliance for out-of-calibration measurements, ballot thickness to prevent bleed through, types of markers used, printed ballots, quantity of ballots, ballot trail, voter roll in comparison to ballots, mail-in ballot standards, and ballot watermarks and dot coding.

AJR120,7,12 3. Physical canvas, including whether county clerks and election employees and volunteers followed election rules and regulations mandated by their county.

AJR120,7,13 4. Transparency; and, be it further

AJR120,7,16 Resolved, That in order to ensure transparency, all such audits shall be streamed live for public viewing and recorded via security video to be run 24 hours a day, 7 days a week, until all such audits are complete; and, be it further

AJR120,7,21 Resolved, That the Wisconsin Legislature shall pass legislation specifically intended to secure the integrity of future elections in Wisconsin based on the findings of the Legislative Audit Bureau investigation, the Assembly Committee on Campaigns and Elections investigation, and the full forensic physical and cyber audit; and, be it further

AJR120,7,24 Resolved, That the secretary of state of the State of Wisconsin is hereby directed to forward a proper authenticated copy of this resolution to the President of the Senate of the United States.

AJR120,7,25 (End)