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This is a doozy.
This is a doozy.
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35<br />
witness, the ballot may not be counted.” Id. § 6.87(6d)<br />
(emphasis added).<br />
124. However, in a training video issued April<br />
1, 2020, the Administrator of the City of Milwaukee<br />
Elections Commission unilaterally declared that a<br />
“witness address may be written in red and that is<br />
because we were able to locate the witnesses’ address<br />
for the voter” to add an address missing from the<br />
certifications on absentee ballots. The Administrator’s<br />
instruction violated WISC. STAT. § 6.87(6d). The WEC<br />
issued similar guidance on October 19, 2020, in<br />
violation of this statute as well.<br />
125. In the Wisconsin Trump Campaign<br />
Complaint, it is alleged, supported by the sworn<br />
affidavits of poll watchers, that canvas workers<br />
carried out this unlawful policy, and acting pursuant<br />
to this guidance, in Milwaukee used red-ink pens to<br />
alter the certificates on the absentee envelope and<br />
then cast and count the absentee ballot. These acts<br />
violated WISC. STAT. § 6.87(6d) (“If a certificate is<br />
missing the address of a witness, the ballot may not<br />
be counted”). See also WISC. STAT. § 6.87(9) (“If a<br />
municipal clerk receives an absentee ballot with an<br />
improperly completed certificate or with no certificate,<br />
the clerk may return the ballot to the elector . . .<br />
whenever time permits the elector to correct the defect<br />
and return the ballot within the period authorized.”).<br />
126. Wisconsin’s legislature has not ratified<br />
these changes, and its election laws do not include a<br />
severability clause.<br />
127. In addition, Ethan J. Pease, a box truck<br />
delivery driver subcontracted to the U.S. Postal<br />
Service (“USPS”) to deliver truckloads of mail-in<br />
ballots to the sorting center in Madison, WI, testified