2021 - 2022 LEGISLATURE
January 4, 2021 - Introduced by Representative Allen.
1Relating to: addressing election law violations.
Whereas, in the United States, the power to govern is given by the people 3
through the process of democratic elections. It is by this process that our government 4
obtains legitimacy; and
Whereas, we have three branches of government, and the legislative branch, 6
consisting of duly elected representatives of the people, is the branch charged with 7
the power to write the laws. It is through this process that our government maintains 8
Whereas, when the executive branch or administrative agencies charged with 10
enforcing the laws instead choose to step outside of the law, or go beyond the law, or 11
stretch the law to something other than what is written, the legitimacy of the 12
government begins to erode; and
Whereas, the 2020 election and the recount of the results of the presidential 14
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, 2
but are not limited to, the following:
1. Clerks provided absentee ballots to electors without applications, as 4
required by Wis. Stat. § 6.86.
2. Clerks and deputy clerks authorized by the municipal clerk failed to write 6
on the official ballot, in the space for official endorsement, the clerk's initials and 7
official title, as required by Wis. Stat. § 6.87 (1).
3. Clerks issued absentee ballots to electors who were required to enclose a copy 9
of proof of identification or an authorized substitute document, but who failed to do 10
so under Wis. Stat. § 6.87 (1).
4. Clerks failed to enter initials on ballot envelopes indicating whether the 12
elector is exempt from providing proof of identification, as required by Wis. Stat. § 13
5. Clerks in Milwaukee and Dane Counties declared electors in their counties 15
to be “indefinitely confined” under Wis. Stat. § 6.86 (2), causing chaos and confusion, 16
and failed to keep current the mailing list established under that subsection; more 17
than 215,000 electors thus avoided identification requirements and safeguards that 18
the legislature has established.
6. Clerks and the boards of canvassers permitted absentee ballots returned 20
without the required witness address under Wis. Stat. § 6.87 (2) to be counted in 21
contravention of Wis. Stat. § 6.87 (6d).
7. Clerks who received absentee ballots with improperly completed certificates 23
or no certificates filled in missing information in contravention of Wis. Stat. § 6.87 24
8. The Wisconsin Elections Commission, in contravention of Wis. Stat. § 6.875, 2
barred special voting deputies from entering qualified nursing homes and assisted 3
living facilities, instead mailing ballots to residents directly, thereby avoiding 4
safeguards the legislature put in place to protect our most vulnerable citizens and 5
9. The clerk of the City of Madison ignored Wis. Stat. § 6.855 and created an 7
event named “Democracy in the Park” and, of her own accord, designated alternate 8
sites where absentee ballots could be collected; these ballots were counted in 9
contravention of Wis. Stat. § 6.87 (6); and
Whereas, without legitimacy, the government of the people, by the people, and 11
for the people shall not stand. Instead, our government will devolve into a system 12
of coercion and bribery that seeks to use the guise of elections to hold a degree of 13
Whereas, the people of Wisconsin are demanding that the legislature address 15
questions of legitimacy; now, therefore, be it
16Resolved by the
the Wisconsin State Assembly recognizes 17
that the most important function for a government is to conduct fair and honest 18
elections that follow the duly enacted law; and, be it further
when there are significant portions of the population that 20
question the integrity of the elections due to the failure of election officials to follow 21
the letter of the law, it is incumbent upon the legislature to address the issues that 22
are in question; and, be it further
the members of the Wisconsin State Assembly place the 24
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 2
officers follow the laws as written.