Racine County Sheriff Calls For Felony Charges Against Wisconsin Election Commissioners

On Wednesday afternoon, the Racine County Sheriff's Office issued a press release announcing it had forwarded to the county district attorney recommended charges for election fraud against five members of the Wisconsin Election Commission, including two felony counts.

Late Wednesday, in a media release, Schmaling explained that, because of the failure of Attorney General Josh Kaul to initiate a statewide investigation into the WEC's directive to voting clerks not to use the Special Voting Deputy process required by Section 6.875, his office had "Forwarded charging recommendations to the Racine County District Attorney's Office." The sheriff then explained he had recommended charges for Commissioners Margaret Bostelmann, Julie Glancey, Ann Jacobs, Dean Knudson, and Mark Thomsen.

The only member of the WEC not referred to the prosecutor's office was Robert Spindell, Jr., a Republican appointed to the Committee by the Wisconsin Senate Majority Leader, Scott L. Fitzgerald.

The Sheriff's Office had recommended three misdemeanor and two felony charges, as follows: Misconduct in Public Office in violation of Wis. State 946.12(2) Election Fraud -Election Official Assisting with Violations in violation of Wis. Stat.

While the Racine County Sheriff Office's press conference had explained the basis for the various election fraud charges, the recommended charge under Section 946.12(2) is new.

That section, entitled "Misconduct in Public Office," provides: Any public officer or public employee who does any of the following is guilty of a Class I felony: (2) In the officer's or employee's capacity as such officer or employee, does an act which the officer or employee knows is in excess of the officer's or employee's lawful authority or which the officer or employee knows the officer or employee is forbidden by law to do in the officer's or employee's official capacity.

The various clips and quotes included in the summary of the Racine County Sheriff Office's investigation provide pretty strong evidence that the WEC members knew they were exceeding their lawful authority and thus violated Section 946.12(2) of the criminal code, as well as the election code provisions specified.

https://thefederalist.com/2021/11/04/racine-county-sheriff-calls-for-felony-charges-against-wisconsin-election-commissioners/