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https://docs.legis.wisconsin.gov/2021/related/proposals/ar3 Wisconsin State Legislature Search in Text of Legislation Home Senate Assembly Committees Service AgenciesDocs Options Help PDF Feed for /2021/related/proposals/ar3 Menu»2021»Related Documents»Proposal Text»AR3: Resolution Text LRB-1154/1 JK:wlj 2021 - 2022 LEGISLATURE 2021 ASSEMBLY RESOLUTION 3 January 4, 2021 - Introduced by Representative Allen. ***AUTHORS SUBJECT TO CHANGE*** 1Relating to: addressing election law violations. 2Whereas, in the United States, the power to govern is given by the people 3through the process of democratic elections. It is by this process that our government 4obtains legitimacy; and 5Whereas, we have three branches of government, and the legislative branch, 6consisting of duly elected representatives of the people, is the branch charged with 7the power to write the laws. It is through this process that our government maintains 8legitimacy; and 9Whereas, when the executive branch or administrative agencies charged with 10enforcing the laws instead choose to step outside of the law, or go beyond the law, or 11stretch the law to something other than what is written, the legitimacy of the 12government begins to erode; and 13Whereas, the 2020 election and the recount of the results of the presidential 14election have brought to light a number of areas in which the letter of the law is not 1being followed. Those circumstances of departure from the letter of the law include, 2but are not limited to, the following: 31. Clerks provided absentee ballots to electors without applications, as 4required by Wis. Stat. § 6.86. 52. Clerks and deputy clerks authorized by the municipal clerk failed to write 6on the official ballot, in the space for official endorsement, the clerk's initials and 7official title, as required by Wis. Stat. § 6.87 (1). 83. Clerks issued absentee ballots to electors who were required to enclose a copy 9of proof of identification or an authorized substitute document, but who failed to do 10so under Wis. Stat. § 6.87 (1). 114. Clerks failed to enter initials on ballot envelopes indicating whether the 12elector is exempt from providing proof of identification, as required by Wis. Stat. § 136.87 (2). 145. Clerks in Milwaukee and Dane Counties declared electors in their counties 15to be “indefinitely confined” under Wis. Stat. § 6.86 (2), causing chaos and confusion, 16and failed to keep current the mailing list established under that subsection; more 17than 215,000 electors thus avoided identification requirements and safeguards that 18the legislature has established. 196. Clerks and the boards of canvassers permitted absentee ballots returned 20without the required witness address under Wis. Stat. § 6.87 (2) to be counted in 21contravention of Wis. Stat. § 6.87 (6d). 227. Clerks who received absentee ballots with improperly completed certificates 23or no certificates filled in missing information in contravention of Wis. Stat. § 6.87 24(9). 18. The Wisconsin Elections Commission, in contravention of Wis. Stat. § 6.875, 2barred special voting deputies from entering qualified nursing homes and assisted 3living facilities, instead mailing ballots to residents directly, thereby avoiding 4safeguards the legislature put in place to protect our most vulnerable citizens and 5loved ones. 69. The clerk of the City of Madison ignored Wis. Stat. § 6.855 and created an 7event named “Democracy in the Park” and, of her own accord, designated alternate 8sites where absentee ballots could be collected; these ballots were counted in 9contravention of Wis. Stat. § 6.87 (6); and 10Whereas, without legitimacy, the government of the people, by the people, and 11for the people shall not stand. Instead, our government will devolve into a system 12of coercion and bribery that seeks to use the guise of elections to hold a degree of 13credibility; and 14Whereas, the people of Wisconsin are demanding that the legislature address 15questions of legitimacy; now, therefore, be it 16Resolved by the assembly, That: the Wisconsin State Assembly recognizes 17that the most important function for a government is to conduct fair and honest 18elections that follow the duly enacted law; and, be it further 19Resolved, That when there are significant portions of the population that 20question the integrity of the elections due to the failure of election officials to follow 21the letter of the law, it is incumbent upon the legislature to address the issues that 22are in question; and, be it further 23Resolved, That the members of the Wisconsin State Assembly place the 24redress to these and other election law violations and failed administrative 1procedures as its highest priority and shall take up legislation crafted to ensure civil 2officers follow the laws as written. 3(end)