The Wisconsin Supreme Court handed the Wisconsin Republican party a big legal win.
The Wisconsin Supreme Court has ruled in favor of Mark Jefferson and the Republican Party of Wisconsin.
The opinion, which was released this morning, says local elections officials were wrong to suggest that voters could claim the status of “indefinitely confined” based on COVID-19. The majority decision also held that if voters falsely claimed they were indefinitely confined “their ballots would not count.”
But the court noted that a determination must be made in every case before tossing a ballot, as President Trump has sought in a separate lawsuit.
The court said the government’s interpretation of Wisconsin’s indefinitely confinement law was erroneous. “A county clerk may not “declare” that any elector is indefinitely confined due to a pandemic,” the court said. The court further stated that, “…the presence of a communicable disease such as COVID-19, in and of itself, does not entitle all electors [voters] in Wisconsin to obtain an absentee ballot…”
This is good news. It is time to investigate how many residents falsely claimed that they were “indefinitely confined” when they really weren’t.
We know that one of Biden’s electors falsely claimed she was “indefinitely confined”.
Schachtner and her husband Joseph appear on the Wisconsin Elections Commission list of nearly 250,000 voters who signed a statement on their mail-in ballots that they were indefinitely confined to their homes because of “because of age, physical illness or infirmity” or if they are “disabled for an indefinite period.”
The Wisconsin Elections Commission’s list of indefinitely confined voters obtained by “The Dan O’Donnell Show” includes both Schachtner, a Democrat from Somerset who lost her bid for re-election last month, and her husband.
Senator Schachtner has not yet responded to repeated requests for comment.
Wisconsin Statute 12.13 defines election fraud as making “false statements to the municipal clerk, board of election commissioners, or any other election official whether or not under oath.”
A false statement of indefinite confinement is a false statement to elections officials, and thus could be a Class I felony punishable by 3.5 years in prison and fines of up to $10,000.
Additionally, making “false statements in order to obtain an absentee ballot” is a misdemeanor punishable by a fine “of not more than $1,000, not more than six-months imprisonment or both.”
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