The office of Racine County Sheriff Christopher Schmaling has filed criminal charges against five of the six members of the Wisconsin Election Commission (WEC). Charges have been referred to the Racine County District Attorney, Patricia Hanson. 

The Sheriff’s Office also called on state attorney general Josh Kaul to begin an investigation of illegal directives issued by the WEC, most specifically, the directive to not use the Special Voting Deputy process as required by state statute 6.875. 

“Based upon the failure of Attorney General Josh Kaul to initiate a statewide investigation, I have forwarded charging recommendations to the Racine County District Attorney’s Office for their review,” the sheriff announced. “The recommended charges are for Commissioners Margaret Bostelmann, Julie Glancey, Ann Jacobs, Dean Knudson, and Mark Thomsen.”

Schmaling and lead investigator Sgt. Michael Luell made clear that the fundamental violation of election law occurred when the Wisconsin Election Commission, or WEC, directed municipalities not to “use the Special Voting Deputy process to service residents in care facilities,” and instead to “transmit absentee ballots to those voters by mail.”

The recommended charges are the same for each commissioner, and include:

🔹Misconduct in Public Office in violation of Wis. Stat. § 946.12(2) (Felony)

🔹Election Fraud – Election Official Assisting with Violations in violation of Wis. Stat. § 12.13(2)(b)7 (Felony)

🔹Party to the Crime of Election Fraud – Receive Ballot Non-Election Official in violation of Wis. Stat. § 12.13(3)(n) (Misdemeanor)

🔹Party to the Crime of Election Fraud – Illegal Ballot Receipt in violation of Wis. Stat. § 12.13(3)(p) (Misdemeanor)

🔹Party to the Crime of Election Fraud – Solicit Assistance in violation of Wis. Stat. § 12.13(3)(s) (Misdemeanor)

In a presentation, Sheriff Schmaling and Sgt. Luell highlighted the story of a woman named Judy. 

“Judy went on MyVote Wisconsin (www.myvote.wi.gov) and discovered her mother, Shirley, voted absentee for the November 3, 2020, election,” Sheriff Schmaling revealed. “Shirley died on October 9, 2020 – before the election. According to My Vote Wisconsin, prior to being admitted to the Ridgewood Care Facility, Shirley last voted in 2016. Executive Director stated that the WEC gave facility staff the authority to help residents fill out their ballots.”

“Judy asked how Shirley could have voted without any knowledge of current events or the news,” Schmaling continued. “The Executive Director stated the staff would ask the residents who they voted for in the past and following party lines that would be their choice. Judy asked, ‘So if she could only recall JFK as President, Democrat would be their choice?’”

“The Executive Director answered ‘Yes’,” the Sheriff noted. “Judy asked about Shirley’s broken glasses and impaired vision–how can we know the staff member assisting filled in the ballot correctly. The Executive Director stated he ‘hoped’ the staff would be honest”. To complicate this particular story even further, Judy goes on to address her mother’s mental health state at the time just prior to her death.”

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“Judy stated that Shirley had broken glasses and had no interest in reading or keeping up with current events, had difficulty recognizing her daughter, struggled to recall what she ate at her last meal or what day it was, and often commented on seeing flying objects outside her room.  Yet somehow, she voted. The director told Judy she was confident that Shirley had wanted to vote, but had not spoken to Shirley about it, only accepting the word of staff members.” 

The Sheriff’s Office also discovered:

🔹Ridgecare Facility staff would leave the resident’s TV turned on for several days to a news channel, and then come back by and ask if they wanted to vote.  

🔹Several other residents who family members identified as not being capable of voting, but having ballots cast in their names.

🔹Of the 42 residents who voted, 9 of them are believed by family to have been incapable of voting and were taken advantage of by the staff who were “assisting” with the vote. 

Section 12.13(2)(b)(7) of the Wisconsin Election Code, entitled “Election Fraud” expressly provides that it is a crime if, “in the course of the person’s official duties or on account of the person’s official position,” the official “intentionally violates or intentionally causes any other person to violate any provision” of the election code, “for which no other penalty is expressly prescribed.”

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