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2023 - 2024 LEGISLATURE
2023 ASSEMBLY RESOLUTIO N 18
November 2, 2023 - Introduced by Representatives BRANDTJEN, ALLEN, BEHNKE,
BODDEN and WICHGERS. Referred to Committee on Government Accountability
and Oversight.
***AUTHORS SUBJECT TO CHANGE***
Relating to: the impeachment of Meagan Wolfe, the Administrator of the Wisconsin
Elections Commission, citing allegations of maladministration in office and
potential violations of election laws.
Whereas, the following articles of impeachment are presented to the Wisconsin
State Assembly and Senate:
Article 1. Administrator Wolfe's Maladministration During the 2020
Presidential Election
Administrator Wolfe promoted and encouraged illegal alterations of absentee
ballot applications during the administration of the 2020 presidential election in
Wisconsin. It is important to note that absentee voting, in contrast to in-person
voting, is regarded as a privilege rather than a right, primarily due to legislative
concerns regarding potential fraudulent activities associated with absentee voting
that are not as prevalent in in-person voting. This perspective on absentee voting
has been acknowledged since former President Carter's review of the 2000
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presidential election identified absentee voting as a significant source of potential
election fraud.
To address the perceived vulnerabilities of absentee voting, the legislature
established a series of safeguards, with one of the primary requirements being that
absentee ballots must be witnessed by a third party who provides their name,
signature, and address. Unfortunately, some Wisconsin Elections Commission
(WEC) members, with whom Administrator W olfe concurred, criticized these
security measures as “vote suppressors" and employed derogatory characterizations.
As the chief elections official in Wisconsin, Administrator Wolfe was responsible for
advocating for adherence to the laws set by the legislature and advising
commissioners while publicly supporting adherence to the law.
Throughout the relevant period, Administrator Wolfe was aware, or should
have been aware, that absentee ballots failing to meet legal requirements, such as
missing witness signatures or addresses, should not be counted. Despite this
knowledge, Administrator Wolfe approved and endorsed specific instructions within
the Election Administration Manual for Wisconsin Municipal Clerks, which stated
that clerks “may add a missing witness address using whatever means are
available." This so-called “ballot curing" procedure violated the legislative intent for
strict compliance with absentee ballot requirements and did not guarantee accurate
corrections. This maladministration of “curing," promoted and encouraged by
Administrator Wolfe, created disparities in how voters were treated, allowing some
deficient ballots to be “cured" while others were not. The decision on which votes
would count was left to the municipal clerk, whereas the legislature had previously
determined it.
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Wisconsin Statute § 6.87 (6d) explicitly states, “If a certificate is missing the
address of a witness, the ballot may not be counted." However, the law does provide
a lawful method to correct missing absentee ballot information under Wis. Stat. §
6.87 (9). According to this law, if a municipal clerk receives an absentee ballot with
an improperly completed certificate or no certificate, the clerk may return the ballot
to the elector inside the sealed envelope if available, along with a new envelope if
necessary, allowing the elector to correct the defect and return the ballot within the
authorized period under subsection (6). Contrary to Administrator Wolfe's directive
to clerks, it was the voter's responsibility to correct absentee ballot errors, not the
clerks' responsibility.
During the investigation into this matter, the Wisconsin Institute of Law and
Liberty (WILL) discovered high rates of cured ballots in Green Bay and Racine.
Nonprofit partners of the Center for Tech and Civic Life (CTCL), such as US Digital
Response (USDR), Elections Group, and National Vote at Home Institute (NVAHI),
played an active role in curing ballots in these locations. These partners offered
services to streamline and automate the ballot curing process in several cities.
Administrator Wolfe, as with the SVD issue outlined in Article 5, failed to fulfill her
duty to take reasonable steps to ensure that essential election laws concerning the
receipt of deficient and ineligible absentee ballots were adhered to during the 2020
presidential election in Wisconsin.
Article 2. Administrator Wolfe's Neglect of Duty in Safeguarding
Wisconsinites' Personal Data
Administrator Wolfe committed maladministration by unlawfully failing to
protect Wisconsin citizens' confidential and personal information as mandated by
state statutes. These statutes require the Administrator to enter into a contract with
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the Electronic Registration Information Center (ERIC), a private nonprofit, of which
Administrator Wolfe was the Chairman until recently. ERIC's stated purpose is to
assist states in maintaining accurate voter rolls. Yet, it has proven to be ineffective,
evident in the fact that Wisconsin, with approximately 4.5 million eligible voters, has
over 7 million names on its voter rolls—a situation that Administrator Wolfe has
actively contributed to. Furthermore, in the calendar year 2023, eight states have
terminated their relationships with ERIC, casting doubt on its ability to achieve its
stated objectives.
Notably, Kevin Kennedy, the then-chief legal counsel for the Government
Accountability Board, signed a contract with WEC shortly after the statutes
authorizing WEC's creation were enacted. The Government Accountability Board
was dissolved by statute due to its perceived dishonest and partisan activities.
Despite this, Administrator Wolfe has never signed a contract with ERIC. It is
crucial to underline that the duty to sign such a contract is explicitly laid out in the
statute to protect the confidential information of all Wisconsin citizens.
Administrator Wolfe was well aware of this duty through her four-year term as
Administrator of the WEC or her concurrent role as Chairman of ERIC. Her failure
to uphold this vital statutory duty has left ERIC, an organization with partisan
implications if not in name, with unrestricted access to sell, distribute, or share
confidential data. Administrator Wolfe's neglect of this straightforward and
essential duty is indefensible.
Article 3. Administrator Wolfe's Maladministration in Ensuring
Safeguards Against Fraudulent Voting
Administrator Wolfe unlawfully failed to establish the minimum required
safeguards to prevent fraudulent voting in Wisconsin. Under Wisconsin law,
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residents temporarily residing overseas can cast ballots in Wisconsin's elections. It
is also incumbent upon Administrator Wolfe to establish, implement, and maintain
a comprehensive database containing the names of these individuals. This database
serves as a crucial tool for municipal clerks to cross-reference voter requests with the
overseas voter list, thereby ensuring the legitimacy of such requests. This safeguard
is especially significant because, unlike military overseas absentee voters,
non-military overseas voters are not required to provide a photo ID when requesting
an absentee ballot.
Regrettably, Administrator Wolfe's maladministration unfulfilled her
responsibility to create, implement, and maintain this reference database for our
clerks. Consequently, this method of ballot gathering is left vulnerable to fraudulent
activity, akin to the vulnerabilities seen in the military overseas voting system. In
other words, just as demonstrated by the case of Kim Zapata, who fabricated three
fictitious names and addresses of non-existent military absentee ballot requesters
and had all three ballots sent to Representative Brandtjen's home, anyone, from
anywhere, at any time, can similarly obtain an unlimited number of non-military
absentee ballots. Much like the ballots sent to Representative Brandtjen's home,
there is no mechanism to verify the authenticity of non-military overseas absentee
ballots obtained through this process. This lack of verification results directly from
Administrator Wolfe's complete and inexcusable failure to fulfill her duties.
Article 4. Administrator Wolfe's Unlawful Advocacy for Ballot Drop
Boxes
Administrator Wolfe unlawfully promoted maladministration with the use of
ballot drop boxes. In her role as Wisconsin's chief elections official, Administrator
Wolfe was responsible for guiding clerks regarding the procedures outlined in the
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state's elections law. However, there have been instances where Administrator Wolfe
acted as if she, and not the legislature, had the authority to establish rules for
Wisconsin's elections. One such instance was her purported authorization of ballot
drop boxes.
Ballot drop boxes were unfamiliar in Wisconsin before the 2020 presidential
election cycle. Their use was mandated for the state's five largest cities through
contracts signed with the “Center for Tech and Civic Life" (CTCL), a private
corporation funded by Mark Zuckerberg to conduct partisan Get Out the Vote
(GOTV) campaigns in Wisconsin and other swing states.
Under the guise of her official role, Administrator Wolfe fully supported and
promoted the use of these unauthorized drop boxes by issuing a series of memoranda
(prepared by WEC staff under her supervision) to municipal clerks. This
endorsement and promotion of ballot drop boxes ran counter to Wisconsin law, as
highlighted in the Teigen case, which concluded that WEC's staff erred by
authorizing a voting method not sanctioned by law. The memos created a ballot drop
box system entirely absent from Wisconsin's election code, as the legislature's
procedures for absentee voting do not allow for voting via ballot drop boxes.
Ballot drop boxes present opportunities for election fraud by reducing the
likelihood of detection, and their maladministration use, as endorsed and promoted
by Administrator Wolfe, likely had a significant and unfair impact on the outcome
of the November 2020 presidential election in Wisconsin. The cities of Green Bay,
Kenosha, Madison, Milwaukee, and Racine received $216,000 from CTCL
specifically to purchase and utilize 44 ballot drop boxes in Wisconsin's five largest
metropolitan areas. The exact number of ballots deposited in these unlawful drop
boxes during the 2020 election remains unknown.
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Article 5. Administrator Wolfe's Role in Enabling Unlawful Absentee
Voting in Long-Term Care Facilities Without Special Voting Deputies
Administrator Wolfe was involved in facilitating illegal absentee voting in
long-term care facilities without the presence of Special Voting Deputies (SVDs), as
required by Wisconsin law. According to Wisconsin law, when absentee voting is
conducted in long-term care facilities such as nursing homes, each municipal clerk
or their designated representatives must be accompanied by two SVDs, one from
each of the two major political parties. These SVDs receive specialized training and
take an oath to ensure that absentee voting is conducted strictly with the law. One
of their essential functions is to challenge the competency of potential voters in
nursing homes and other long-term care facilities, as outlined in Wis. Stat. § 6.875
(4).
Administrator Wolfe caused maladministration by assisting five out of the six
WEC commissioners in consistently voting to unlawfully direct Wisconsin's clerks to
disregard the statutorily mandated SVD procedure. This disregard for the law
occurred in 2020 during the administration of three separate elections, including the
presidential election. Several authorities, including the Racine County Sheriff's
Department, the Racine County District Attorney, Wisconsin's Legislative Audit
Bureau (LAB), and the Wisconsin Assembly's Special Counsel to Investigate the
2020 presidential election, all reached the conclusion that WEC violated Wisconsin
election law each time it permitted absentee voting in long-term care facilities
without requiring the presence of at least two special voting deputies. It is
indisputable that the actions of those five commissioners and Administrator Wolfe
were illegal.
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Throughout the relevant period, Administrator Wolfe publicly and privately
supported this illegal scheme and encouraged Wisconsin's clerks to participate in it.
Article 6. Administrator Wolfe's Neglect in Safeguarding the Votes of
Overseas Military Voters
Administrator Wolfe is charged with maladministration for failing to protect
overseas military voters' votes, as Wisconsin Statutes require. These statutes assign
to WEC and its Administrator, Meagan Wolfe, the responsibility to establish,
implement, and maintain a process through which the identities of Wisconsin
residents serving in the military and stationed overseas can be made available to
municipal clerks.
Upon receiving an application for a ballot from a purported serviceman or
woman, the municipal clerk is then statutorily obligated to refer to the identification
list created, implemented, and maintained by WEC to verify the individual's military
service status. This verification process is especially crucial because military service
personnel are exempt from the statutory requirement to present photo identification
before voting.
The significance of the system that WEC is mandated to create, implement, and
maintain cannot be overstated; it serves as the protective barrier between access to
military ballots and those who may attempt to fraudulently obtain them by falsely
claiming eligibility. The need for such a verification system was unequivocally
demonstrated in October 2022 when Kim Zapata, then employed as the Deputy
Director of the Milwaukee Election Commission, intentionally fabricated three
fictitious names with non-existent home addresses and submitted them online to
generate three fraudulent ballots, which were subsequently mailed to the residence
of Representative Janel Brandtjen, who was serving as the Chairman of the
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Assembly Committee on Campaigns and Elections at the time. These fraudulent
ballots were indeed delivered to Representative Brandtjen's home, prompting her to
turn them over to law enforcement. Kim Zapata later admitted her actions,
explaining that she did so to illustrate to Representative Brandtjen and others the
“true" vulnerability to fraud in Wisconsin elections.
Crucially, due to Administrator Wolfe's negligence, if anyone had cast the three
fraudulent ballots created by Kim Zapata, there would have been no means to detect
the fraudulent activity or the resulting disenfranchisement of three legitimate
military absentee ballots.
When a lawsuit sought declaratory and injunctive relief to compel
Administrator Wolfe to address this dereliction, she engaged the services of a private
law firm, the Mark Elias Law Group, in an attempt to avoid remedying the situation.
Article 7. Administrator Wolfe's Involvement in the Employment of
Partisan, Out-of-State Residents for Election Administration in 2020
Administrator Wolfe facilitated, promoted, and encouraged the employment of
partisan, out-of-state residents to administer Wisconsin's elections in 2020. In this
maladministration, Mark Zuckerberg's stated objective in 2020 was to aid in the
defeat of President Donald Trump. Zuckerberg enlisted the services of David Plouffe,
one of former President Obama's principal political advisors and the author of “The
Citizen's Guide to Beating Donald Trump," to oversee a plan aimed at staffing the
offices of the largest cities in swing states with partisan employees and agents to
administer the elections in those cities. An essential aspect of this plan, called
“block-by-block political warfare," was directed at cities like Detroit, Milwaukee,
and Philadelphia.
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David Becker, a highly partisan individual employed by George Soros and the
administrator of the partisan Electronic Registration Information Center (ERIC),
played a central role in executing this scheme. It is noteworthy that while
Administrator Wolfe was the Chairman of ERIC, David Becker was in charge. In this
context, Zuckerberg, Plouffe, and Becker arranged for the Center for Tech and Civic
Life (CTCL) to distribute payments totaling $8.8 million to the five largest cities in
Wisconsin, namely Milwaukee, Madison, Racine, Kenosha, and Green Bay (referred
to as the “Zuckerberg Five" or the “Cities"). The contracts governing the transfer of
these funds required the Cities to perform various services for Zuckerberg, with a
primary obligation being the installation of illegal ballot drop boxes in unmonitored
locations. Additionally, the Cities were required to “cooperate" with Zuckerberg's
directives and follow the instructions of CTCL 's designated personnel in
administering the elections.
One of the individuals involved in this scheme was Michael
Spitzer-Rubenstein, a Brooklyn, New York resident and known partisan. In an
email to the clerks of the Zuckerberg Five Cities, Administrator Wolfe provided her
authorization to utilize Michael Spitzer-Rubenstein as part of their election
administration efforts. Although Claire Woodall-Vogg, the Milwaukee Election
Commission's leader, recommended Michael Spitzer-Rubenstein to Administrator
Wolfe without indicating that she had vetted him, Administrator Wolfe promptly
forwarded this recommendation to the clerks of the Zuckerberg Five Cities,
suggesting they reach out to him if they were interested in learning more.
As a direct result of Administrator Wolfe's recommendation, Michael
Spitzer-Rubenstein, a designated “partner" of Zuckerberg and CTCL, assumed
control over various aspects of the Green Bay election, including overriding the
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Clerk's recommendations, signing contracts, controlling access to a key location, and
determining the acceptance of ballots after the 8 p.m. deadline. Mr .
Spitzer-Rubenstein lacked the requisite training, certification, and oath of office
necessary to work in Wisconsin elections.
Wisconsin Statute § 5.02 (4e) defines an election official as an individual
charged with duties related to election conduct. The Wisconsin Election
Administration Manual emphasizes the importance of qualified and well-trained
election officials. Michael Spitzer-Rubenstein did not meet these qualifications and
was disqualified due to his New York residence. After Administrator Wolfe's
recommendation, any roles assigned to Mr. Spitzer-Rubenstein by the clerks would
have involved his participation in election activities, constituting a violation of Wis.
Stat. § 5.02 (4e).
Spitzer-Rubenstein also played a significant role in the Racine 2020 election,
setting up systems, collecting ballots, and creating absentee ballot logs. He authored
the Election Day Manual in Milwaukee, had exclusive access to critical information,
and recruited out-of-state personnel. This scheme included “ballot navigators" who
could visit citizens' homes, represent themselves as being “from the City" (although
funded by Zuckerberg/CTCL), offer assistance in completing absentee ballots, and
potentially illegally return the ballots to the clerk's office.
Administrator Wolfe's cooperation in this scheme was vital for covering the
Zuckerberg Five Cities clerks. By participating in and facilitating this scheme,
Administrator Wolfe betrayed the trust of Wisconsin citizens who had entrusted her
with the position of Administrator of WEC.
Article 8. Administrator Wolfe's Maladministration of Third-Party
Submission of Absentee Ballot Applications
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Administrator Wolfe's actions regarding submitting absentee ballot
applications by individuals other than the voter, contravening Wisconsin election
laws, were unlawful. Administrator Wolfe is responsible for the guidance provided
in the Election Administration Manual for Wisconsin Municipal Clerks.
According to the manual, “If an absentee ballot request is delivered by someone
other than the registered elector (spouse, campaign volunteer, etc.), it is treated as
a by-mail request." This directive lacked a legal basis, and Administrator Wolfe's
actions in this regard were unlawful, as outlined in the Teigen case.
Wisconsin Statute § 6.86 describes six distinct “methods for obtaining an
absentee ballot," and § 6.86 (1) (a) 2. specifies the law for submitting an absentee
ballot application directly to the municipal clerk, stating, “In person at the office of
the municipal clerk or at an alternate site under s. 6.855, if applicable." Notably, Wis.
Stat. § 6.86 (1) (a) 2. allows the elector to personally submit their absentee ballot
application at the clerk's office.
Administrator Wolfe's directive to clerks, permitting a “spouse," “campaign
volunteer," or other agents to submit absentee ballot applications on behalf of
electors, contradicted the plain language of Wis. Stat. § 6.86 (1) (a) 2. Furthermore,
her treatment of absentee ballot applications submitted by agents as “by-mail"
requests also conflicted with the statute's language.
How Wolfe mishandled the return of absentee ballot applications paralleled her
maladministration of absentee ballot returns. In the Teigen case, the Wisconsin
Supreme Court addressed the delivery of absentee ballots and emphasized that
Wisconsin law did not allow agents or anyone other than the elector to submit an
elector's absentee ballot directly to a clerk's office. Similarly, Wisconsin law did not
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permit a family member or agent to submit an elector's absentee ballot application
directly to a clerk's office, as Administrator Wolfe allowed.
The court noted that the guidance provided by Administrator Wolfe in the
March 2020 memo was contrary to Wis. Stat. § 6.87 (4) (b) 1., similar to the situation
with absentee ballot applications. Wis. Stat. § 6.86 (1) (a) 2. required a
person-to-person exchange between the elector submitting an absentee ballot
application and the clerk or the clerk's authorized representative. The court
reaffirmed that absentee ballots could only be returned through two authorized
methods: mailing by the voter to the municipal clerk or personal delivery by the voter
to the municipal clerk. Therefore, Administrator Wolfe's memos advising otherwise
conflicted with the law and were rightly void.
Article 9. Administrator Wolfe's Inadequate Absentee Ballot Request
Web Page and Violation of Wisconsin Election Law
Administrator Wolfe's absentee ballot request web page potentially facilitated
ballot maladministration and contradicts Wisconsin election law requirements.
On July 26, 2022, Harry Wait, the President of HOT Government, made
absentee ballot requests on behalf of Wisconsin House Speaker Robin Vos, Racine
Mayor Cory Mason, and several other registered Wisconsin voters. Mr. Wait
intended to demonstrate the ease with which one person could request absentee
ballots using the names of other voters without any intention of actually casting
these ballots. Mr. Wait openly confessed to this practice in emails to various
authorities, drawing state and national attention to the flaws in the WisVote
system's absentee ballot mailing process.
Wisconsin Statute § 6.86 outlines six “methods for obtaining an absentee
ballot," all of which require “proof of identification," with a few exceptions. Following
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Mr. Wait's public disclosure of absentee ballot requests on behalf of others, the WEC
sent confirmation postcards to voters who had requested absentee ballots to new
addresses. This action by WEC tacitly acknowledges the flaws in the WisVote
absentee ballot request process.
Had Administrator Wolfe mandated that W isVote request proof of
identification, as required by law, Mr. Wait would not have been able to obtain
absentee ballots in other people's names, and WEC would not have needed to send
out confirmation cards. The underlying issue lies in mailing absentee ballots
without prior proof of identification, which underscores the importance of such
verification in preventing voter fraud.
WEC currently provides an online form on its web page, allowing voters to
submit their names, addresses, and birth dates to request an absentee ballot.
However, Wis. Stat. § 6.86 specifies six methods to obtain an absentee ballot, none
of which state that WisVote's absentee ballot form is a lawful method for application.
Wis. Stat. § 6.86 also requires voters to direct their absentee ballot requests to their
municipal clerk, not WEC.
The Wisconsin Supreme Court has previously ruled that Administrator Wolfe
lacked the authority to establish a law allowing citizens to use ballot drop boxes to
return their absentee ballots. Wis. Stat. § 6.86 allows an absent elector to make a
written application to their municipal clerk for an official ballot but does not grant
WEC the authority to serve as an intermediary in the absentee ballot application
process. Administrator Wolfe apparently established WEC's absentee voting
application method, potentially enabling absentee voters to circumvent Wisconsin's
proof of identification requirement.
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When Mr. Wait submitted absentee ballot requests using others' names, none
of these requests were legitimate because WEC lacked the legal authority to
establish the WisVote absentee ballot request form. Consequently, WEC now seeks
charges against Mr. Wait for conduct made possible only due to Administrator Wolfe's
maladministration.
Article 10. Administrator Wolfe's Maladministration of Addressing
Accessibility Issues at Racine's Mobile Polling Place
Administrator Wolfe failed to address accessibility concerns at Racine's mobile
polling place, which was funded by Zuckerberg/CTCL and used in two elections.
On March 24, 2022, members of HOT Government, Sandy Weidner, and Sandra
Morris, lodged a complaint with the WEC regarding the Racine mobile polling
location—a converted recreational vehicle (RV) purchased by the city with funding
from Zuckerberg/CTCL. The complaint highlighted that the RV did not provide full
accessibility to every disabled person, a requirement mandated by Wis. Stat. § 5.25
(4) (a), which states that “Each polling place shall be accessible to all individuals with
disabilities."
In response to the complaint, Racine Clerk Tara Coolidge contended that a bell
had been placed outside the mobile polling location's door, which could be used by
voters physically unable to enter the RV. Racine suggested that the bell constituted
a “reasonable accommodation" for those unable to access the vehicle. However, the
law governing handicap accessibility at polling places is categorical and cannot be
met merely by placing a bell outside the entrance. The law explicitly states, “Each
polling place shall be accessible to all individuals with disabilities."
Additionally, WEC requires a Polling Place Accessibility Survey to be
conducted for each new polling place, a requirement that had not been fulfilled for
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Racine's RV. Upon discovering Racine's failure to submit such a survey,
Administrator Wolfe committed maladministration by not instructing Racine to
cease using the mobile polling location until WEC could ascertain whether the
mobile unit complied with the accessibility requirements, as mandated by law.
Despite being aware of the RV's lack of handicap accessibility and the complaint
filed on March 24, 2022, Administrator Wolfe did not take any action. Administrator
Wolfe's failure to address this issue allowed Racine to employ its converted
RV/mobile polling place in two elections for partisan purposes. The RV became a tool
for partisan politics, favoring certain voters over others and making it easier for the
preferred voters to cast their ballots.
Article 11. Administrator Wolfe's Maladministration of CTCL Grants
from the September 2020 Election Preparedness Report
On September 1, 2020, Administrator Wolfe released a 125-page report titled
“How Wisconsin is Prepared for the November 3, 2020 Election." She compiled this
report in response to inquiries from legislators and WEC commissioners. While
preparing this report, Wolfe requested election preparation plans specifically from
the cities of Green Bay, Madison, and Milwaukee.
It is important to note that these three cities, Green Bay, Madison, and
Milwaukee, held particular significance because they were among the five Wisconsin
cities that received approximately 86 percent of the substantial funding provided by
Mark Zuckerberg and the Center for Tech and Civic Life (CTCL) to support the
administration of Wisconsin's elections. The publicly stated purpose of this funding
was to safeguard Wisconsin voters from the spread of COVID-19. However, the
actual allocation of funds, such as Green Bay's use of less than 1 percent for personal
protective equipment (PPE), raised questions about the true intent behind these
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expenditures. Furthermore, the lack of transparency in the financial reporting of the
other “Zuckerberg Five" cities has contributed to suspicions that these funds were
used to promote voter turnout among specific demographic groups favored by
partisan actors like Mark Zuckerberg, David Plouffe, David Becker, the mayors of
the “Zuckerberg Five" cities, and the Biden campaign.
The central issue with Administrator Wolfe's maladministration of the “How
Wisconsin is Prepared for the November 3, 2020 Election" report does not revolve
around its contents but rather its omissions. Rather than disclosing the CTCL
grants to the legislature, Administrator Wolfe conspicuously removed any references
to Zuckerberg, CTCL, CTCL grants, CTCL partners, and their employees from her
report on election preparedness.
During a subsequent Assembly committee hearing, Administrator W olfe
claimed that she became aware of the CTCL funding only when a city (though
unnamed in her statements, it is clearly Green Bay based on her email exchanges)
submitted an addendum to a report on August 30, 2020. However, this claim does
not align with the facts, as she had received emails from CTCL and its partners at
least six weeks before publishing her report on September 1, 2020.
Furthermore, it is highly improbable that Administrator Wolfe remained
unaware of CTCL's grants until late August, as news of the $6.3 million in CTCL
grants awarded to the “Zuckerberg Five" cities was widely covered by radio,
television, and print news sources in early July. For Wolfe to assert that she first
learned of CTCL's grants after compiling her “How Wisconsin is Prepared for the
November 3, 2020 Election" report strains credibility. Additionally, she could have
easily added an addendum regarding CTCL grants to her report after its initial
submission, following the example set by the City of Green Bay.
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Article 12. Administrator Wolfe's Maladministration of Reporting
CTCL and the “Zuckerberg Five" Clerks for Unauthorized Creation of
Absentee Voter Instructions
Wisconsin Statute § 6.869 clearly stipulates that the WEC is responsible for
prescribing uniform instructions to be provided by municipalities to absentee
electors. This statute underscores the importance of standardized absentee voting
instructions across the state. However , a substantial number of
emails—approximately 80—reveal communications between CTCL, the Center for
Civic Design (CCD), the clerks of the “Zuckerberg Five" cities, and Milwaukee
Election Commission Executive Director Woodall-Vogg regarding the development
and printing of absentee ballot instructions in both English and Spanish.
The actions taken by municipal election officials to create their own absentee
ballot instructions stand in violation of Wis. Stat. § 6.869, as the statute exclusively
grants the authority to WEC to establish uniform absentee voting instructions.
In one email from CTCL's Whitney May, the “Zuckerberg Five" city clerks were
solicited for their feedback on ballot instructions and envelopes. On August 18, 2020,
Administrator Wolfe updated Uniform Instructions for Absentee Voters. In this
communication, Wolfe made it explicitly clear that these instructions would be
utilized for all absentee voters, commencing with the absentee ballots that clerks
would send out for the November 3rd General Election, following WEC's directive,
which is evident maladministration.
On the very same day that Wolfe disseminated her uniform instructions for
absentee voters, CTCL's Whitney May corresponded with the clerks of the
“Zuckerberg Five" cities. May's email indicated CTCL's intention to halt an
operation due to WEC's desire for statewide conformity in format and their plans to
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embark on new envelope design work in the following year. This communication
raises questions regarding how May was privy to WEC's intentions and the fact that
they were supplying uniform absentee ballot instructions. Notably, May's email did
not mention that the creation of their own absentee ballot instructions by CTCL,
CCD, and the clerks of the “Zuckerberg Five" cities potentially violated Wis. Stat. §
6.869.
In an additional incident, Madison Clerk Maribeth Witzel-Behl sent an email
on September 17, 2020, to Whitney May and the other clerks of the “Zuckerberg
Five," including an attachment containing Spanish-language absentee ballot
instructions. It's imperative to note that Wis. Stat. § 6.869 does not differentiate
between English and Spanish absentee ballot instructions; it unequivocally states
that the commission shall prescribe uniform instructions for municipalities to
provide to absentee electors. Wolfe's memo from August 18, 2020, left no room for
ambiguity—it mandated the use of uniform absentee ballot instructions for absentee
voters, which should be applied regardless of language.
The discrepancy between Wolfe's memo and Witzel-Behl's actions, sending
Spanish absentee ballot instructions, necessitates an investigation into whether any
of the “Zuckerberg Five" cities distributed their versions of absentee ballot
instructions in Spanish, potentially contravening Wis. Stat. § 6.869.
This situation exemplifies how CTCL and its partners influenced Wisconsin
election officials leading up to the 2020 election. Even though the “Zuckerberg Five"
clerks ultimately did not send out their versions of absentee ballot instructions, the
act of creating them likely violated state law. What is certain is that Administrator
Wolfe did not hold CTCL, CCD, the “Zuckerberg Five" clerks, or Milwaukee Election
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Commission's Claire Woodall-Vogg accountable for producing their own absentee
ballot instructions in apparent violation of Wis. Stat. § 6.869.
Article 13. Administrator Wolfe's Maladministration in Establishing a
Systematic Program for the Removal of Incompetent Individuals from the
Voter Roll
Wisconsin law dictates that individuals whose voting rights have been legally
terminated by a court due to incompetence are ineligible to vote. However, this legal
provision is not self-executing. To ensure the proper functioning of this process, it
is incumbent upon the Administrator of the WEC to institute a system that enables
municipal clerks to promptly identify cases of adjudication for incompetence,
allowing for the removal of the affected individuals from the voter roll. Establishing
and maintaining such a system is a legal obligation that falls within the purview of
the Administrator's role.
In the maladministration of the Administrator's fulfillment of this duty, there
exists a substantial risk that the legislative intent to exclude from the voter roll those
individuals who have been declared incompetent to vote will remain unfulfilled.
Administrator Wolfe's failure to initiate and sustain such a system represents a
significant deficiency in her execution of one of the fundamental responsibilities
inherent in her position.
Article 14. Administrator Wolfe's Unlawful Failure to Remove Names
from the Wisconsin Voter Roll
In Wisconsin, the law distinguishes between two categories of voters: “eligible"
and “ineligible." “Eligible" voters are those who meet the qualifications to register
and have their names placed on the voter roll, while “ineligible" voters are not
permitted to be listed on this roll. These designations are consistent with the
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statutes' language and align with the legislative intent and the reasonable
expectations of Wisconsin's citizens.
Regrettably, Administrator Wolfe has initiated maladministration with a
systematic replacement of “eligible” and “ineligible” with “active" and “inactive."
These non-statutory designations, although seemingly harmless, have resulted in
consequences that have compromised both the integrity and the public trust in our
voter roll. Under Administrator Wolfe's leadership, names are never removed from
the voter roll, even in cases of individuals who have passed away. Rather than
designating these deceased individuals as “ineligible" voters, as the statute would
dictate, Administrator Wolfe categorizes them as “inactive" voters, allowing their
names to persist on the voter roll.
One of Administrator Wolfe's past justifications for this practice was a reference
to HAVA (Help America Vote Act), which requires states to maintain historical
records of all those who have voted. However, her explanation lacks completeness,
as there is no requirement to retain the names of deceased “historical" voters on the
voter roll.
At best, this practice of retaining deceased individuals on the voter roll
needlessly complicates the list, making it more challenging for auditors and others
interested in assessing its accuracy. At worst, it provides a reservoir of names that
can be “activated" two weeks before an election and “deactivated" two weeks after,
by anyone with access to the WisVote system. This process operates in a manner that
conceals the identities of both the “activator" and the “deactivator." Consequently,
it fosters suspicions of potential fraud or, at the very least, creates a fertile ground
for such suspicions.
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In sum, Administrator Wolfe's oversight of this problematic system is
unacceptable to the people of Wisconsin and raises serious concerns about the
integrity of our voter roll.
Article 15. Administrator Wolfe's Promotion of an Unlawful V oter
Registration Form
On September 5, 2023, the Circuit Court for Waukesha County, presided over
by the Honorable Michael P. Maxwell, issued a summary judgment in favor of a
concerned citizen who contested the use of the WEC's voter registration form. The
court's decision was based on two primary grounds: firstly, that the form did not
conform to state law requirements, and secondly, that WEC had never engaged in the
statutory rule-making process of the additional information requested on the form,
which was not mandated by Wisconsin law. Throughout this relevant period, it
remains undisputed that Administrator W olfe actively promoted this
maladministration and encouraged clerks to accept it. Administrator Wolfe was
likely aware and should have certainly been aware, that the disputed form solicited
more information from citizens than what was authorized by Wisconsin law.
As emphasized by the Circuit Court, “WEC was granted authority by the State
Legislature to administer Wisconsin's election laws and was subsequently tasked
with using that authority to prescribe the voter registration forms permissible for
use in our state. WEC, however, has failed in this fundamental duty by permitting
the use of the National Form in Wisconsin, despite never officially prescribing its
use."
Administrator Wolfe, in her capacity as Wisconsin's “chief elections official,"
has exhibited reluctance or incapacity to fulfill this fundamental responsibility,
much like several others detailed herein. Her mismanagement of WEC has
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transformed the agency into one requiring substantial reform or, possibly,
dissolution, as was the case with its predecessor, GAB. The crucial initial step
toward achieving either goal is the impeachment of Administrator Wolfe.
Resolved by the assembly, That per Article VII, section 1, of the Wisconsin
Constitution and Wis. Stat. § 17.06 (1), the Assembly hereby initiates proceedings
for the impeachment of Meagan Wolfe, the Administrator of the Wisconsin Elections
Commission, based on allegations of maladministration in office.
(END)
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