Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AR18 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY RESOLUTIO N 18
5	5	November 2, 2023 - Introduced by Representatives BRANDTJEN, ALLEN, BEHNKE,
6	6	BODDEN and WICHGERS. Referred to Committee on Government Accountability
7	7	and Oversight.
8	8	*AUTHORS SUBJECT TO CHANGE*
9	9	Relating to: the impeachment of Meagan Wolfe, the Administrator of the Wisconsin
10	10	Elections Commission, citing allegations of maladministration in office and
11	11	potential violations of election laws.
12	12	Whereas, the following articles of impeachment are presented to the Wisconsin
13	13	State Assembly and Senate:
14	14	Article 1. Administrator Wolfe's Maladministration During the 2020
15	15	Presidential Election
16	16	Administrator Wolfe promoted and encouraged illegal alterations of absentee
17	17	ballot applications during the administration of the 2020 presidential election in
18	18	Wisconsin. It is important to note that absentee voting, in contrast to in-person
19	19	voting, is regarded as a privilege rather than a right, primarily due to legislative
20	20	concerns regarding potential fraudulent activities associated with absentee voting
21	21	that are not as prevalent in in-person voting. This perspective on absentee voting
22	22	has been acknowledged since former President Carter's review of the 2000
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39	39	presidential election identified absentee voting as a significant source of potential
40	40	election fraud.
41	41	To address the perceived vulnerabilities of absentee voting, the legislature
42	42	established a series of safeguards, with one of the primary requirements being that
43	43	absentee ballots must be witnessed by a third party who provides their name,
44	44	signature, and address. Unfortunately, some Wisconsin Elections Commission
45	45	(WEC) members, with whom Administrator W olfe concurred, criticized these
46	46	security measures as “vote suppressors" and employed derogatory characterizations.
47	47	As the chief elections official in Wisconsin, Administrator Wolfe was responsible for
48	48	advocating for adherence to the laws set by the legislature and advising
49	49	commissioners while publicly supporting adherence to the law.
50	50	Throughout the relevant period, Administrator Wolfe was aware, or should
51	51	have been aware, that absentee ballots failing to meet legal requirements, such as
52	52	missing witness signatures or addresses, should not be counted. Despite this
53	53	knowledge, Administrator Wolfe approved and endorsed specific instructions within
54	54	the Election Administration Manual for Wisconsin Municipal Clerks, which stated
55	55	that clerks “may add a missing witness address using whatever means are
56	56	available." This so-called “ballot curing" procedure violated the legislative intent for
57	57	strict compliance with absentee ballot requirements and did not guarantee accurate
58	58	corrections. This maladministration of “curing," promoted and encouraged by
59	59	Administrator Wolfe, created disparities in how voters were treated, allowing some
60	60	deficient ballots to be “cured" while others were not. The decision on which votes
61	61	would count was left to the municipal clerk, whereas the legislature had previously
62	62	determined it.
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89	89	Wisconsin Statute § 6.87 (6d) explicitly states, “If a certificate is missing the
90	90	address of a witness, the ballot may not be counted." However, the law does provide
91	91	a lawful method to correct missing absentee ballot information under Wis. Stat. §
92	92	6.87 (9). According to this law, if a municipal clerk receives an absentee ballot with
93	93	an improperly completed certificate or no certificate, the clerk may return the ballot
94	94	to the elector inside the sealed envelope if available, along with a new envelope if
95	95	necessary, allowing the elector to correct the defect and return the ballot within the
96	96	authorized period under subsection (6). Contrary to Administrator Wolfe's directive
97	97	to clerks, it was the voter's responsibility to correct absentee ballot errors, not the
98	98	clerks' responsibility.
99	99	During the investigation into this matter, the Wisconsin Institute of Law and
100	100	Liberty (WILL) discovered high rates of cured ballots in Green Bay and Racine.
101	101	Nonprofit partners of the Center for Tech and Civic Life (CTCL), such as US Digital
102	102	Response (USDR), Elections Group, and National Vote at Home Institute (NVAHI),
103	103	played an active role in curing ballots in these locations. These partners offered
104	104	services to streamline and automate the ballot curing process in several cities.
105	105	Administrator Wolfe, as with the SVD issue outlined in Article 5, failed to fulfill her
106	106	duty to take reasonable steps to ensure that essential election laws concerning the
107	107	receipt of deficient and ineligible absentee ballots were adhered to during the 2020
108	108	presidential election in Wisconsin.
109	109	Article 2. Administrator Wolfe's Neglect of Duty in Safeguarding
110	110	Wisconsinites' Personal Data
111	111	Administrator Wolfe committed maladministration by unlawfully failing to
112	112	protect Wisconsin citizens' confidential and personal information as mandated by
113	113	state statutes. These statutes require the Administrator to enter into a contract with
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141	141	the Electronic Registration Information Center (ERIC), a private nonprofit, of which
142	142	Administrator Wolfe was the Chairman until recently. ERIC's stated purpose is to
143	143	assist states in maintaining accurate voter rolls. Yet, it has proven to be ineffective,
144	144	evident in the fact that Wisconsin, with approximately 4.5 million eligible voters, has
145	145	over 7 million names on its voter rolls—a situation that Administrator Wolfe has
146	146	actively contributed to. Furthermore, in the calendar year 2023, eight states have
147	147	terminated their relationships with ERIC, casting doubt on its ability to achieve its
148	148	stated objectives.
149	149	Notably, Kevin Kennedy, the then-chief legal counsel for the Government
150	150	Accountability Board, signed a contract with WEC shortly after the statutes
151	151	authorizing WEC's creation were enacted. The Government Accountability Board
152	152	was dissolved by statute due to its perceived dishonest and partisan activities.
153	153	Despite this, Administrator Wolfe has never signed a contract with ERIC. It is
154	154	crucial to underline that the duty to sign such a contract is explicitly laid out in the
155	155	statute to protect the confidential information of all Wisconsin citizens.
156	156	Administrator Wolfe was well aware of this duty through her four-year term as
157	157	Administrator of the WEC or her concurrent role as Chairman of ERIC. Her failure
158	158	to uphold this vital statutory duty has left ERIC, an organization with partisan
159	159	implications if not in name, with unrestricted access to sell, distribute, or share
160	160	confidential data. Administrator Wolfe's neglect of this straightforward and
161	161	essential duty is indefensible.
162	162	Article 3. Administrator Wolfe's Maladministration in Ensuring
163	163	Safeguards Against Fraudulent Voting
164	164	Administrator Wolfe unlawfully failed to establish the minimum required
165	165	safeguards to prevent fraudulent voting in Wisconsin. Under Wisconsin law,
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193	193	residents temporarily residing overseas can cast ballots in Wisconsin's elections. It
194	194	is also incumbent upon Administrator Wolfe to establish, implement, and maintain
195	195	a comprehensive database containing the names of these individuals. This database
196	196	serves as a crucial tool for municipal clerks to cross-reference voter requests with the
197	197	overseas voter list, thereby ensuring the legitimacy of such requests. This safeguard
198	198	is especially significant because, unlike military overseas absentee voters,
199	199	non-military overseas voters are not required to provide a photo ID when requesting
200	200	an absentee ballot.
201	201	Regrettably, Administrator Wolfe's maladministration unfulfilled her
202	202	responsibility to create, implement, and maintain this reference database for our
203	203	clerks. Consequently, this method of ballot gathering is left vulnerable to fraudulent
204	204	activity, akin to the vulnerabilities seen in the military overseas voting system. In
205	205	other words, just as demonstrated by the case of Kim Zapata, who fabricated three
206	206	fictitious names and addresses of non-existent military absentee ballot requesters
207	207	and had all three ballots sent to Representative Brandtjen's home, anyone, from
208	208	anywhere, at any time, can similarly obtain an unlimited number of non-military
209	209	absentee ballots. Much like the ballots sent to Representative Brandtjen's home,
210	210	there is no mechanism to verify the authenticity of non-military overseas absentee
211	211	ballots obtained through this process. This lack of verification results directly from
212	212	Administrator Wolfe's complete and inexcusable failure to fulfill her duties.
213	213	Article 4. Administrator Wolfe's Unlawful Advocacy for Ballot Drop
214	214	Boxes
215	215	Administrator Wolfe unlawfully promoted maladministration with the use of
216	216	ballot drop boxes. In her role as Wisconsin's chief elections official, Administrator
217	217	Wolfe was responsible for guiding clerks regarding the procedures outlined in the
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245	245	state's elections law. However, there have been instances where Administrator Wolfe
246	246	acted as if she, and not the legislature, had the authority to establish rules for
247	247	Wisconsin's elections. One such instance was her purported authorization of ballot
248	248	drop boxes.
249	249	Ballot drop boxes were unfamiliar in Wisconsin before the 2020 presidential
250	250	election cycle. Their use was mandated for the state's five largest cities through
251	251	contracts signed with the “Center for Tech and Civic Life" (CTCL), a private
252	252	corporation funded by Mark Zuckerberg to conduct partisan Get Out the Vote
253	253	(GOTV) campaigns in Wisconsin and other swing states.
254	254	Under the guise of her official role, Administrator Wolfe fully supported and
255	255	promoted the use of these unauthorized drop boxes by issuing a series of memoranda
256	256	(prepared by WEC staff under her supervision) to municipal clerks. This
257	257	endorsement and promotion of ballot drop boxes ran counter to Wisconsin law, as
258	258	highlighted in the Teigen case, which concluded that WEC's staff erred by
259	259	authorizing a voting method not sanctioned by law. The memos created a ballot drop
260	260	box system entirely absent from Wisconsin's election code, as the legislature's
261	261	procedures for absentee voting do not allow for voting via ballot drop boxes.
262	262	Ballot drop boxes present opportunities for election fraud by reducing the
263	263	likelihood of detection, and their maladministration use, as endorsed and promoted
264	264	by Administrator Wolfe, likely had a significant and unfair impact on the outcome
265	265	of the November 2020 presidential election in Wisconsin. The cities of Green Bay,
266	266	Kenosha, Madison, Milwaukee, and Racine received $216,000 from CTCL
267	267	specifically to purchase and utilize 44 ballot drop boxes in Wisconsin's five largest
268	268	metropolitan areas. The exact number of ballots deposited in these unlawful drop
269	269	boxes during the 2020 election remains unknown.
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297	297	Article 5. Administrator Wolfe's Role in Enabling Unlawful Absentee
298	298	Voting in Long-Term Care Facilities Without Special Voting Deputies
299	299	Administrator Wolfe was involved in facilitating illegal absentee voting in
300	300	long-term care facilities without the presence of Special Voting Deputies (SVDs), as
301	301	required by Wisconsin law. According to Wisconsin law, when absentee voting is
302	302	conducted in long-term care facilities such as nursing homes, each municipal clerk
303	303	or their designated representatives must be accompanied by two SVDs, one from
304	304	each of the two major political parties. These SVDs receive specialized training and
305	305	take an oath to ensure that absentee voting is conducted strictly with the law. One
306	306	of their essential functions is to challenge the competency of potential voters in
307	307	nursing homes and other long-term care facilities, as outlined in Wis. Stat. § 6.875
308	308	(4).
309	309	Administrator Wolfe caused maladministration by assisting five out of the six
310	310	WEC commissioners in consistently voting to unlawfully direct Wisconsin's clerks to
311	311	disregard the statutorily mandated SVD procedure. This disregard for the law
312	312	occurred in 2020 during the administration of three separate elections, including the
313	313	presidential election. Several authorities, including the Racine County Sheriff's
314	314	Department, the Racine County District Attorney, Wisconsin's Legislative Audit
315	315	Bureau (LAB), and the Wisconsin Assembly's Special Counsel to Investigate the
316	316	2020 presidential election, all reached the conclusion that WEC violated Wisconsin
317	317	election law each time it permitted absentee voting in long-term care facilities
318	318	without requiring the presence of at least two special voting deputies. It is
319	319	indisputable that the actions of those five commissioners and Administrator Wolfe
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347	347	Throughout the relevant period, Administrator Wolfe publicly and privately
348	348	supported this illegal scheme and encouraged Wisconsin's clerks to participate in it.
349	349	Article 6. Administrator Wolfe's Neglect in Safeguarding the Votes of
350	350	Overseas Military Voters
351	351	Administrator Wolfe is charged with maladministration for failing to protect
352	352	overseas military voters' votes, as Wisconsin Statutes require. These statutes assign
353	353	to WEC and its Administrator, Meagan Wolfe, the responsibility to establish,
354	354	implement, and maintain a process through which the identities of Wisconsin
355	355	residents serving in the military and stationed overseas can be made available to
356	356	municipal clerks.
357	357	Upon receiving an application for a ballot from a purported serviceman or
358	358	woman, the municipal clerk is then statutorily obligated to refer to the identification
359	359	list created, implemented, and maintained by WEC to verify the individual's military
360	360	service status. This verification process is especially crucial because military service
361	361	personnel are exempt from the statutory requirement to present photo identification
362	362	before voting.
363	363	The significance of the system that WEC is mandated to create, implement, and
364	364	maintain cannot be overstated; it serves as the protective barrier between access to
365	365	military ballots and those who may attempt to fraudulently obtain them by falsely
366	366	claiming eligibility. The need for such a verification system was unequivocally
367	367	demonstrated in October 2022 when Kim Zapata, then employed as the Deputy
368	368	Director of the Milwaukee Election Commission, intentionally fabricated three
369	369	fictitious names with non-existent home addresses and submitted them online to
370	370	generate three fraudulent ballots, which were subsequently mailed to the residence
371	371	of Representative Janel Brandtjen, who was serving as the Chairman of the
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399	399	Assembly Committee on Campaigns and Elections at the time. These fraudulent
400	400	ballots were indeed delivered to Representative Brandtjen's home, prompting her to
401	401	turn them over to law enforcement. Kim Zapata later admitted her actions,
402	402	explaining that she did so to illustrate to Representative Brandtjen and others the
403	403	“true" vulnerability to fraud in Wisconsin elections.
404	404	Crucially, due to Administrator Wolfe's negligence, if anyone had cast the three
405	405	fraudulent ballots created by Kim Zapata, there would have been no means to detect
406	406	the fraudulent activity or the resulting disenfranchisement of three legitimate
407	407	military absentee ballots.
408	408	When a lawsuit sought declaratory and injunctive relief to compel
409	409	Administrator Wolfe to address this dereliction, she engaged the services of a private
410	410	law firm, the Mark Elias Law Group, in an attempt to avoid remedying the situation.
411	411	Article 7. Administrator Wolfe's Involvement in the Employment of
412	412	Partisan, Out-of-State Residents for Election Administration in 2020
413	413	Administrator Wolfe facilitated, promoted, and encouraged the employment of
414	414	partisan, out-of-state residents to administer Wisconsin's elections in 2020. In this
415	415	maladministration, Mark Zuckerberg's stated objective in 2020 was to aid in the
416	416	defeat of President Donald Trump. Zuckerberg enlisted the services of David Plouffe,
417	417	one of former President Obama's principal political advisors and the author of “The
418	418	Citizen's Guide to Beating Donald Trump," to oversee a plan aimed at staffing the
419	419	offices of the largest cities in swing states with partisan employees and agents to
420	420	administer the elections in those cities. An essential aspect of this plan, called
421	421	“block-by-block political warfare," was directed at cities like Detroit, Milwaukee,
422	422	and Philadelphia.
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449	449	David Becker, a highly partisan individual employed by George Soros and the
450	450	administrator of the partisan Electronic Registration Information Center (ERIC),
451	451	played a central role in executing this scheme. It is noteworthy that while
452	452	Administrator Wolfe was the Chairman of ERIC, David Becker was in charge. In this
453	453	context, Zuckerberg, Plouffe, and Becker arranged for the Center for Tech and Civic
454	454	Life (CTCL) to distribute payments totaling $8.8 million to the five largest cities in
455	455	Wisconsin, namely Milwaukee, Madison, Racine, Kenosha, and Green Bay (referred
456	456	to as the “Zuckerberg Five" or the “Cities"). The contracts governing the transfer of
457	457	these funds required the Cities to perform various services for Zuckerberg, with a
458	458	primary obligation being the installation of illegal ballot drop boxes in unmonitored
459	459	locations. Additionally, the Cities were required to “cooperate" with Zuckerberg's
460	460	directives and follow the instructions of CTCL 's designated personnel in
461	461	administering the elections.
462	462	One of the individuals involved in this scheme was Michael
463	463	Spitzer-Rubenstein, a Brooklyn, New York resident and known partisan. In an
464	464	email to the clerks of the Zuckerberg Five Cities, Administrator Wolfe provided her
465	465	authorization to utilize Michael Spitzer-Rubenstein as part of their election
466	466	administration efforts. Although Claire Woodall-Vogg, the Milwaukee Election
467	467	Commission's leader, recommended Michael Spitzer-Rubenstein to Administrator
468	468	Wolfe without indicating that she had vetted him, Administrator Wolfe promptly
469	469	forwarded this recommendation to the clerks of the Zuckerberg Five Cities,
470	470	suggesting they reach out to him if they were interested in learning more.
471	471	As a direct result of Administrator Wolfe's recommendation, Michael
472	472	Spitzer-Rubenstein, a designated “partner" of Zuckerberg and CTCL, assumed
473	473	control over various aspects of the Green Bay election, including overriding the
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501	501	Clerk's recommendations, signing contracts, controlling access to a key location, and
502	502	determining the acceptance of ballots after the 8 p.m. deadline. Mr .
503	503	Spitzer-Rubenstein lacked the requisite training, certification, and oath of office
504	504	necessary to work in Wisconsin elections.
505	505	Wisconsin Statute § 5.02 (4e) defines an election official as an individual
506	506	charged with duties related to election conduct. The Wisconsin Election
507	507	Administration Manual emphasizes the importance of qualified and well-trained
508	508	election officials. Michael Spitzer-Rubenstein did not meet these qualifications and
509	509	was disqualified due to his New York residence. After Administrator Wolfe's
510	510	recommendation, any roles assigned to Mr. Spitzer-Rubenstein by the clerks would
511	511	have involved his participation in election activities, constituting a violation of Wis.
512	512	Stat. § 5.02 (4e).
513	513	Spitzer-Rubenstein also played a significant role in the Racine 2020 election,
514	514	setting up systems, collecting ballots, and creating absentee ballot logs. He authored
515	515	the Election Day Manual in Milwaukee, had exclusive access to critical information,
516	516	and recruited out-of-state personnel. This scheme included “ballot navigators" who
517	517	could visit citizens' homes, represent themselves as being “from the City" (although
518	518	funded by Zuckerberg/CTCL), offer assistance in completing absentee ballots, and
519	519	potentially illegally return the ballots to the clerk's office.
520	520	Administrator Wolfe's cooperation in this scheme was vital for covering the
521	521	Zuckerberg Five Cities clerks. By participating in and facilitating this scheme,
522	522	Administrator Wolfe betrayed the trust of Wisconsin citizens who had entrusted her
523	523	with the position of Administrator of WEC.
524	524	Article 8. Administrator Wolfe's Maladministration of Third-Party
525	525	Submission of Absentee Ballot Applications
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553	553	Administrator Wolfe's actions regarding submitting absentee ballot
554	554	applications by individuals other than the voter, contravening Wisconsin election
555	555	laws, were unlawful. Administrator Wolfe is responsible for the guidance provided
556	556	in the Election Administration Manual for Wisconsin Municipal Clerks.
557	557	According to the manual, “If an absentee ballot request is delivered by someone
558	558	other than the registered elector (spouse, campaign volunteer, etc.), it is treated as
559	559	a by-mail request." This directive lacked a legal basis, and Administrator Wolfe's
560	560	actions in this regard were unlawful, as outlined in the Teigen case.
561	561	Wisconsin Statute § 6.86 describes six distinct “methods for obtaining an
562	562	absentee ballot," and § 6.86 (1) (a) 2. specifies the law for submitting an absentee
563	563	ballot application directly to the municipal clerk, stating, “In person at the office of
564	564	the municipal clerk or at an alternate site under s. 6.855, if applicable." Notably, Wis.
565	565	Stat. § 6.86 (1) (a) 2. allows the elector to personally submit their absentee ballot
566	566	application at the clerk's office.
567	567	Administrator Wolfe's directive to clerks, permitting a “spouse," “campaign
568	568	volunteer," or other agents to submit absentee ballot applications on behalf of
569	569	electors, contradicted the plain language of Wis. Stat. § 6.86 (1) (a) 2. Furthermore,
570	570	her treatment of absentee ballot applications submitted by agents as “by-mail"
571	571	requests also conflicted with the statute's language.
572	572	How Wolfe mishandled the return of absentee ballot applications paralleled her
573	573	maladministration of absentee ballot returns. In the Teigen case, the Wisconsin
574	574	Supreme Court addressed the delivery of absentee ballots and emphasized that
575	575	Wisconsin law did not allow agents or anyone other than the elector to submit an
576	576	elector's absentee ballot directly to a clerk's office. Similarly, Wisconsin law did not
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603	603	permit a family member or agent to submit an elector's absentee ballot application
604	604	directly to a clerk's office, as Administrator Wolfe allowed.
605	605	The court noted that the guidance provided by Administrator Wolfe in the
606	606	March 2020 memo was contrary to Wis. Stat. § 6.87 (4) (b) 1., similar to the situation
607	607	with absentee ballot applications. Wis. Stat. § 6.86 (1) (a) 2. required a
608	608	person-to-person exchange between the elector submitting an absentee ballot
609	609	application and the clerk or the clerk's authorized representative. The court
610	610	reaffirmed that absentee ballots could only be returned through two authorized
611	611	methods: mailing by the voter to the municipal clerk or personal delivery by the voter
612	612	to the municipal clerk. Therefore, Administrator Wolfe's memos advising otherwise
613	613	conflicted with the law and were rightly void.
614	614	Article 9. Administrator Wolfe's Inadequate Absentee Ballot Request
615	615	Web Page and Violation of Wisconsin Election Law
616	616	Administrator Wolfe's absentee ballot request web page potentially facilitated
617	617	ballot maladministration and contradicts Wisconsin election law requirements.
618	618	On July 26, 2022, Harry Wait, the President of HOT Government, made
619	619	absentee ballot requests on behalf of Wisconsin House Speaker Robin Vos, Racine
620	620	Mayor Cory Mason, and several other registered Wisconsin voters. Mr. Wait
621	621	intended to demonstrate the ease with which one person could request absentee
622	622	ballots using the names of other voters without any intention of actually casting
623	623	these ballots. Mr. Wait openly confessed to this practice in emails to various
624	624	authorities, drawing state and national attention to the flaws in the WisVote
625	625	system's absentee ballot mailing process.
626	626	Wisconsin Statute § 6.86 outlines six “methods for obtaining an absentee
627	627	ballot," all of which require “proof of identification," with a few exceptions. Following
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655	655	Mr. Wait's public disclosure of absentee ballot requests on behalf of others, the WEC
656	656	sent confirmation postcards to voters who had requested absentee ballots to new
657	657	addresses. This action by WEC tacitly acknowledges the flaws in the WisVote
658	658	absentee ballot request process.
659	659	Had Administrator Wolfe mandated that W isVote request proof of
660	660	identification, as required by law, Mr. Wait would not have been able to obtain
661	661	absentee ballots in other people's names, and WEC would not have needed to send
662	662	out confirmation cards. The underlying issue lies in mailing absentee ballots
663	663	without prior proof of identification, which underscores the importance of such
664	664	verification in preventing voter fraud.
665	665	WEC currently provides an online form on its web page, allowing voters to
666	666	submit their names, addresses, and birth dates to request an absentee ballot.
667	667	However, Wis. Stat. § 6.86 specifies six methods to obtain an absentee ballot, none
668	668	of which state that WisVote's absentee ballot form is a lawful method for application.
669	669	Wis. Stat. § 6.86 also requires voters to direct their absentee ballot requests to their
670	670	municipal clerk, not WEC.
671	671	The Wisconsin Supreme Court has previously ruled that Administrator Wolfe
672	672	lacked the authority to establish a law allowing citizens to use ballot drop boxes to
673	673	return their absentee ballots. Wis. Stat. § 6.86 allows an absent elector to make a
674	674	written application to their municipal clerk for an official ballot but does not grant
675	675	WEC the authority to serve as an intermediary in the absentee ballot application
676	676	process. Administrator Wolfe apparently established WEC's absentee voting
677	677	application method, potentially enabling absentee voters to circumvent Wisconsin's
678	678	proof of identification requirement.
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705	705	When Mr. Wait submitted absentee ballot requests using others' names, none
706	706	of these requests were legitimate because WEC lacked the legal authority to
707	707	establish the WisVote absentee ballot request form. Consequently, WEC now seeks
708	708	charges against Mr. Wait for conduct made possible only due to Administrator Wolfe's
709	709	maladministration.
710	710	Article 10. Administrator Wolfe's Maladministration of Addressing
711	711	Accessibility Issues at Racine's Mobile Polling Place
712	712	Administrator Wolfe failed to address accessibility concerns at Racine's mobile
713	713	polling place, which was funded by Zuckerberg/CTCL and used in two elections.
714	714	On March 24, 2022, members of HOT Government, Sandy Weidner, and Sandra
715	715	Morris, lodged a complaint with the WEC regarding the Racine mobile polling
716	716	location—a converted recreational vehicle (RV) purchased by the city with funding
717	717	from Zuckerberg/CTCL. The complaint highlighted that the RV did not provide full
718	718	accessibility to every disabled person, a requirement mandated by Wis. Stat. § 5.25
719	719	(4) (a), which states that “Each polling place shall be accessible to all individuals with
720	720	disabilities."
721	721	In response to the complaint, Racine Clerk Tara Coolidge contended that a bell
722	722	had been placed outside the mobile polling location's door, which could be used by
723	723	voters physically unable to enter the RV. Racine suggested that the bell constituted
724	724	a “reasonable accommodation" for those unable to access the vehicle. However, the
725	725	law governing handicap accessibility at polling places is categorical and cannot be
726	726	met merely by placing a bell outside the entrance. The law explicitly states, “Each
727	727	polling place shall be accessible to all individuals with disabilities."
728	728	Additionally, WEC requires a Polling Place Accessibility Survey to be
729	729	conducted for each new polling place, a requirement that had not been fulfilled for
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757	757	Racine's RV. Upon discovering Racine's failure to submit such a survey,
758	758	Administrator Wolfe committed maladministration by not instructing Racine to
759	759	cease using the mobile polling location until WEC could ascertain whether the
760	760	mobile unit complied with the accessibility requirements, as mandated by law.
761	761	Despite being aware of the RV's lack of handicap accessibility and the complaint
762	762	filed on March 24, 2022, Administrator Wolfe did not take any action. Administrator
763	763	Wolfe's failure to address this issue allowed Racine to employ its converted
764	764	RV/mobile polling place in two elections for partisan purposes. The RV became a tool
765	765	for partisan politics, favoring certain voters over others and making it easier for the
766	766	preferred voters to cast their ballots.
767	767	Article 11. Administrator Wolfe's Maladministration of CTCL Grants
768	768	from the September 2020 Election Preparedness Report
769	769	On September 1, 2020, Administrator Wolfe released a 125-page report titled
770	770	“How Wisconsin is Prepared for the November 3, 2020 Election." She compiled this
771	771	report in response to inquiries from legislators and WEC commissioners. While
772	772	preparing this report, Wolfe requested election preparation plans specifically from
773	773	the cities of Green Bay, Madison, and Milwaukee.
774	774	It is important to note that these three cities, Green Bay, Madison, and
775	775	Milwaukee, held particular significance because they were among the five Wisconsin
776	776	cities that received approximately 86 percent of the substantial funding provided by
777	777	Mark Zuckerberg and the Center for Tech and Civic Life (CTCL) to support the
778	778	administration of Wisconsin's elections. The publicly stated purpose of this funding
779	779	was to safeguard Wisconsin voters from the spread of COVID-19. However, the
780	780	actual allocation of funds, such as Green Bay's use of less than 1 percent for personal
781	781	protective equipment (PPE), raised questions about the true intent behind these
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809	809	expenditures. Furthermore, the lack of transparency in the financial reporting of the
810	810	other “Zuckerberg Five" cities has contributed to suspicions that these funds were
811	811	used to promote voter turnout among specific demographic groups favored by
812	812	partisan actors like Mark Zuckerberg, David Plouffe, David Becker, the mayors of
813	813	the “Zuckerberg Five" cities, and the Biden campaign.
814	814	The central issue with Administrator Wolfe's maladministration of the “How
815	815	Wisconsin is Prepared for the November 3, 2020 Election" report does not revolve
816	816	around its contents but rather its omissions. Rather than disclosing the CTCL
817	817	grants to the legislature, Administrator Wolfe conspicuously removed any references
818	818	to Zuckerberg, CTCL, CTCL grants, CTCL partners, and their employees from her
819	819	report on election preparedness.
820	820	During a subsequent Assembly committee hearing, Administrator W olfe
821	821	claimed that she became aware of the CTCL funding only when a city (though
822	822	unnamed in her statements, it is clearly Green Bay based on her email exchanges)
823	823	submitted an addendum to a report on August 30, 2020. However, this claim does
824	824	not align with the facts, as she had received emails from CTCL and its partners at
825	825	least six weeks before publishing her report on September 1, 2020.
826	826	Furthermore, it is highly improbable that Administrator Wolfe remained
827	827	unaware of CTCL's grants until late August, as news of the $6.3 million in CTCL
828	828	grants awarded to the “Zuckerberg Five" cities was widely covered by radio,
829	829	television, and print news sources in early July. For Wolfe to assert that she first
830	830	learned of CTCL's grants after compiling her “How Wisconsin is Prepared for the
831	831	November 3, 2020 Election" report strains credibility. Additionally, she could have
832	832	easily added an addendum regarding CTCL grants to her report after its initial
833	833	submission, following the example set by the City of Green Bay.
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861	861	Article 12. Administrator Wolfe's Maladministration of Reporting
862	862	CTCL and the “Zuckerberg Five" Clerks for Unauthorized Creation of
863	863	Absentee Voter Instructions
864	864	Wisconsin Statute § 6.869 clearly stipulates that the WEC is responsible for
865	865	prescribing uniform instructions to be provided by municipalities to absentee
866	866	electors. This statute underscores the importance of standardized absentee voting
867	867	instructions across the state. However , a substantial number of
868	868	emails—approximately 80—reveal communications between CTCL, the Center for
869	869	Civic Design (CCD), the clerks of the “Zuckerberg Five" cities, and Milwaukee
870	870	Election Commission Executive Director Woodall-Vogg regarding the development
871	871	and printing of absentee ballot instructions in both English and Spanish.
872	872	The actions taken by municipal election officials to create their own absentee
873	873	ballot instructions stand in violation of Wis. Stat. § 6.869, as the statute exclusively
874	874	grants the authority to WEC to establish uniform absentee voting instructions.
875	875	In one email from CTCL's Whitney May, the “Zuckerberg Five" city clerks were
876	876	solicited for their feedback on ballot instructions and envelopes. On August 18, 2020,
877	877	Administrator Wolfe updated Uniform Instructions for Absentee Voters. In this
878	878	communication, Wolfe made it explicitly clear that these instructions would be
879	879	utilized for all absentee voters, commencing with the absentee ballots that clerks
880	880	would send out for the November 3rd General Election, following WEC's directive,
881	881	which is evident maladministration.
882	882	On the very same day that Wolfe disseminated her uniform instructions for
883	883	absentee voters, CTCL's Whitney May corresponded with the clerks of the
884	884	“Zuckerberg Five" cities. May's email indicated CTCL's intention to halt an
885	885	operation due to WEC's desire for statewide conformity in format and their plans to
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913	913	embark on new envelope design work in the following year. This communication
914	914	raises questions regarding how May was privy to WEC's intentions and the fact that
915	915	they were supplying uniform absentee ballot instructions. Notably, May's email did
916	916	not mention that the creation of their own absentee ballot instructions by CTCL,
917	917	CCD, and the clerks of the “Zuckerberg Five" cities potentially violated Wis. Stat. §
918	918	6.869.
919	919	In an additional incident, Madison Clerk Maribeth Witzel-Behl sent an email
920	920	on September 17, 2020, to Whitney May and the other clerks of the “Zuckerberg
921	921	Five," including an attachment containing Spanish-language absentee ballot
922	922	instructions. It's imperative to note that Wis. Stat. § 6.869 does not differentiate
923	923	between English and Spanish absentee ballot instructions; it unequivocally states
924	924	that the commission shall prescribe uniform instructions for municipalities to
925	925	provide to absentee electors. Wolfe's memo from August 18, 2020, left no room for
926	926	ambiguity—it mandated the use of uniform absentee ballot instructions for absentee
927	927	voters, which should be applied regardless of language.
928	928	The discrepancy between Wolfe's memo and Witzel-Behl's actions, sending
929	929	Spanish absentee ballot instructions, necessitates an investigation into whether any
930	930	of the “Zuckerberg Five" cities distributed their versions of absentee ballot
931	931	instructions in Spanish, potentially contravening Wis. Stat. § 6.869.
932	932	This situation exemplifies how CTCL and its partners influenced Wisconsin
933	933	election officials leading up to the 2020 election. Even though the “Zuckerberg Five"
934	934	clerks ultimately did not send out their versions of absentee ballot instructions, the
935	935	act of creating them likely violated state law. What is certain is that Administrator
936	936	Wolfe did not hold CTCL, CCD, the “Zuckerberg Five" clerks, or Milwaukee Election
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963	963	Commission's Claire Woodall-Vogg accountable for producing their own absentee
964	964	ballot instructions in apparent violation of Wis. Stat. § 6.869.
965	965	Article 13. Administrator Wolfe's Maladministration in Establishing a
966	966	Systematic Program for the Removal of Incompetent Individuals from the
967	967	Voter Roll
968	968	Wisconsin law dictates that individuals whose voting rights have been legally
969	969	terminated by a court due to incompetence are ineligible to vote. However, this legal
970	970	provision is not self-executing. To ensure the proper functioning of this process, it
971	971	is incumbent upon the Administrator of the WEC to institute a system that enables
972	972	municipal clerks to promptly identify cases of adjudication for incompetence,
973	973	allowing for the removal of the affected individuals from the voter roll. Establishing
974	974	and maintaining such a system is a legal obligation that falls within the purview of
975	975	the Administrator's role.
976	976	In the maladministration of the Administrator's fulfillment of this duty, there
977	977	exists a substantial risk that the legislative intent to exclude from the voter roll those
978	978	individuals who have been declared incompetent to vote will remain unfulfilled.
979	979	Administrator Wolfe's failure to initiate and sustain such a system represents a
980	980	significant deficiency in her execution of one of the fundamental responsibilities
981	981	inherent in her position.
982	982	Article 14. Administrator Wolfe's Unlawful Failure to Remove Names
983	983	from the Wisconsin Voter Roll
984	984	In Wisconsin, the law distinguishes between two categories of voters: “eligible"
985	985	and “ineligible." “Eligible" voters are those who meet the qualifications to register
986	986	and have their names placed on the voter roll, while “ineligible" voters are not
987	987	permitted to be listed on this roll. These designations are consistent with the
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1015	1015	statutes' language and align with the legislative intent and the reasonable
1016	1016	expectations of Wisconsin's citizens.
1017	1017	Regrettably, Administrator Wolfe has initiated maladministration with a
1018	1018	systematic replacement of “eligible” and “ineligible” with “active" and “inactive."
1019	1019	These non-statutory designations, although seemingly harmless, have resulted in
1020	1020	consequences that have compromised both the integrity and the public trust in our
1021	1021	voter roll. Under Administrator Wolfe's leadership, names are never removed from
1022	1022	the voter roll, even in cases of individuals who have passed away. Rather than
1023	1023	designating these deceased individuals as “ineligible" voters, as the statute would
1024	1024	dictate, Administrator Wolfe categorizes them as “inactive" voters, allowing their
1025	1025	names to persist on the voter roll.
1026	1026	One of Administrator Wolfe's past justifications for this practice was a reference
1027	1027	to HAVA (Help America Vote Act), which requires states to maintain historical
1028	1028	records of all those who have voted. However, her explanation lacks completeness,
1029	1029	as there is no requirement to retain the names of deceased “historical" voters on the
1030	1030	voter roll.
1031	1031	At best, this practice of retaining deceased individuals on the voter roll
1032	1032	needlessly complicates the list, making it more challenging for auditors and others
1033	1033	interested in assessing its accuracy. At worst, it provides a reservoir of names that
1034	1034	can be “activated" two weeks before an election and “deactivated" two weeks after,
1035	1035	by anyone with access to the WisVote system. This process operates in a manner that
1036	1036	conceals the identities of both the “activator" and the “deactivator." Consequently,
1037	1037	it fosters suspicions of potential fraud or, at the very least, creates a fertile ground
1038	1038	for such suspicions.
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1065	1065	In sum, Administrator Wolfe's oversight of this problematic system is
1066	1066	unacceptable to the people of Wisconsin and raises serious concerns about the
1067	1067	integrity of our voter roll.
1068	1068	Article 15. Administrator Wolfe's Promotion of an Unlawful V oter
1069	1069	Registration Form
1070	1070	On September 5, 2023, the Circuit Court for Waukesha County, presided over
1071	1071	by the Honorable Michael P. Maxwell, issued a summary judgment in favor of a
1072	1072	concerned citizen who contested the use of the WEC's voter registration form. The
1073	1073	court's decision was based on two primary grounds: firstly, that the form did not
1074	1074	conform to state law requirements, and secondly, that WEC had never engaged in the
1075	1075	statutory rule-making process of the additional information requested on the form,
1076	1076	which was not mandated by Wisconsin law. Throughout this relevant period, it
1077	1077	remains undisputed that Administrator W olfe actively promoted this
1078	1078	maladministration and encouraged clerks to accept it. Administrator Wolfe was
1079	1079	likely aware and should have certainly been aware, that the disputed form solicited
1080	1080	more information from citizens than what was authorized by Wisconsin law.
1081	1081	As emphasized by the Circuit Court, “WEC was granted authority by the State
1082	1082	Legislature to administer Wisconsin's election laws and was subsequently tasked
1083	1083	with using that authority to prescribe the voter registration forms permissible for
1084	1084	use in our state. WEC, however, has failed in this fundamental duty by permitting
1085	1085	the use of the National Form in Wisconsin, despite never officially prescribing its
1086	1086	use."
1087	1087	Administrator Wolfe, in her capacity as Wisconsin's “chief elections official,"
1088	1088	has exhibited reluctance or incapacity to fulfill this fundamental responsibility,
1089	1089	much like several others detailed herein. Her mismanagement of WEC has
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1117	1117	transformed the agency into one requiring substantial reform or, possibly,
1118	1118	dissolution, as was the case with its predecessor, GAB. The crucial initial step
1119	1119	toward achieving either goal is the impeachment of Administrator Wolfe.
1120	1120	Resolved by the assembly, That per Article VII, section 1, of the Wisconsin
1121	1121	Constitution and Wis. Stat. § 17.06 (1), the Assembly hereby initiates proceedings
1122	1122	for the impeachment of Meagan Wolfe, the Administrator of the Wisconsin Elections
1123	1123	Commission, based on allegations of maladministration in office.
1124	1124	(END)
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