Nathan Sass

The WI GAB – Blowing Their Nose With the WI Constitution

In 2012 Elections, Politics, Tea Party on May 25, 2012 at 6:00 AM

According to the Wisconsin State Constitution, Article III, to be qualified to vote in the State of Wisconsin you must be a U.S. citizen, and a resident of the state.

Article III

Electors. SECTION 1. Every United States citizen age 18 or older who is a resident of an election district in this state is a qualified elector of that district.

How, I wonder, is does the state of Wisconsin’s election law go about validating U.S. Citizenship of voters, as per the plain and clear intent and reading of Article III Section 1?

Well, it doesn’t, not even a little.

In fact, it doesn’t even try to.

According to Section 6 Subchapter 1 Section 2 (only lawyers would organize things like this) of the Wisconsin Code:

SUBCHAPTER I

WHO MAY VOTE

6.02 Qualifications, general. (1) Every U.S. citizen age 18 or older who has resided in an election district or ward for 10 days before any election where the citizen offers to vote is an eligible elector.

Ok, so far the state code requires U.S. citizenship, but the only provision later in the code to validate this clear requirement is found in 6.15(2):

(2) PROCEDURE AT CLERK’S OFFICE. Any person qualifying under sub. (1) need not register to vote, but shall apply for and cast his or her ballot as follows:

(a) The elector’s request for the application form may be made in person to the municipal clerk of the municipality where the person resides. Application may be made not sooner than 9 days nor later than 5 p.m. on the day before the election, or may be made at the proper polling place in the ward or election district in which the elector resides. If an elector makes application before election day, the application form shall be returned to the municipal clerk after the affidavit has been signed in the presence of the clerk or any officer authorized by law to administer oaths. The affidavit shall be in substantially the following form:

STATE OF WISCONSIN

County of ….

I, …., do solemnly swear that I am a citizen of the United States; that prior to establishing Wisconsin residence, my legal residence was in the …. (town) (village) (city) of …., state of …., residing at …. (street address); that on the day of the next presidential election, I shall be at least 18 years of age and that I have been a legal resident of the state of Wisconsin since …., …. (year), residing at …. (street address), in the […. ward of the …. aldermanic district of] the (town) (village) (city) of …., county of ….; that I have resided in the state less than 10 days, that I am qualified to vote for president and vice president at the election to be held November …., …. (year), that I am not voting at any other place in this election and that I hereby make application for an official presidential ballot, in accordance with section 6.15 of the Wisconsin statutes.

Signed ….

P.O. Address ….

Subscribed and sworn to before me this …. day of …., …. (year)

….(Name)

….(Title)

(b) The clerk shall provide with the application form a card which the elector shall fill in and return with the application to the municipal clerk. The card shall state that the elector intends to vote for president and vice president in Wisconsin and that his or her voting privileges should be canceled at his or her previous residence. The card shall be in substantially the following form:

…. (Full Name − print or type)

It is my intent to vote for president and vice president in Wisconsin, under section 6.15, Wisconsin Statutes.

( ) I am not registered to vote at my previous address.

( ) I am registered to vote at my previous address and I hereby authorize the cancellation of my previous voting privileges at that address:

…. (Street), …. (Town, village, city), …. (State) …. (Zip)

Signature ….

Present Address ….

(c) The municipal clerk upon receipt of the application form and voting privileges cancellation card shall immediately forward the card to the proper official of the applicant’s prior residence.

https://docs.legis.wisconsin.gov/statutes/statutes/6/I/02

Ok, all that legal mumbo jumbo means this:

All you need to do is say you are a U.S. citizen, and poof, you’re in. No validation, no corroboration, no birth certificate, no naturalization papers.

Just your promise, cross your heart and hope to die – stick a needle in your eye, that you are a U.S. citizen.

Since the Wisconsin Constitution clearly requires that anyone voting be a U.S. citizen, and there are any number ways of proving you are an actual U.S. citizen, you would think that a pinkie swear would be considered kinda weak as far as proof goes.

You don’t even need to use your real name. How would they ever know? All you need is some mail with that name. Maybe I missed it, but the US Postal Service doesn’t restrict mail delivery to only U.S. citizens.

Read the State of Wisconsin Election Day Manual. Here’s what is says about identification for registration of voters on p. 44- 46 which relies upon Wisconsin Statues 6.34(3):

An elector cannot be required to show his or her driver license, Department of Transportation-issued ID card, or Social Security card as a condition of registration.

……..

Proof of Residence

When a registrant presents a valid form of proof of residence, the election official must view the proof of residence and record the type (i.e. license, tax bill, etc.) and any unique number (such as an account or a license number) on the bottom of the Voter Registration Application (GAB-131). The registrant’s name, address and type of proof of residence shall then be recorded on the supplemental poll list, and the registrant shall then be issued a ballot like every other voter.

The following constitute acceptable proof of residence if the document contains the elector’s current and complete name and current and complete residential address:

1. A current and valid Wisconsin driver license.

2. A current and valid Wisconsin identification card.

3. Any other official identification card or license issued by a Wisconsin governmental body or unit.

4. Any identification card or license issued by an employer in the normal course of business that contains a photo of the cardholder or license holder, but not including a business card.

5. A real estate tax bill or receipt for the current year or the year preceding the date of the election.

6. A residential lease which is effective for a period that includes Election Day (Not for first-time voters registering by mail).

7. A university, college or technical college identification card (must include photo) ONLY valid if the voter provides a fee receipt dated within the last 9 months.

8. A university, college or technical college identification card (must include photo) ONLY valid if the institution provides a certified housing list to the municipal clerk that indicates citizenship.

9. A utility bill (gas, electric, phone, etc.) for the period commencing not earlier than 90 days before Election Day. Statements printed from the internet are acceptable.

10. A bank statement. Statements printed from the internet are acceptable.

11. A paycheck.

12. A check or other document issued by a unit of government.

13. An affidavit on public or private social service agency letterhead identifying a homeless voter and describing the individual’s residence for voting purposes.

In plain English: “Wisconsin Law is in direct violation of the Wisconsin Constitution, becasue we don’t require you to prove you are a citizen of the US, but don’t worry about it. They pinkie swore they were, remember? So don’t you dare ask too many questions!

So what I wonder is this:

Why hasn’t anyone filed a civil rights lawsuit against the State of Wisconsin and the Government Accountability Board since the rights of actual U.S. citizen residents of Wisconsin are violated if one, even one, non-citizen resident casts a ballot in an election?

I have a personal friend who is here on a green card from England. He has utility bills with his name and address on it. They would never be able to know he wasn’t actually a citizen, so they would let him vote, even though he shouldn’t. (NOTE: To the best of my information, this person has never voted illegally.)

Where is Attorney General Van Hollen on this? Same place he always is: hiding.

I’ve tried personally to get legal foundations to file on my behalf with no success. Since I’m not made of money, and cannot afford thousands, maybe millions, in legal fees, I can’t just hire someone to do it.

Funny thing is, none of the “conservative” legal foundations will even respond to my requests. It’s almost as if they don’t care too much either.

And that makes me wonder, too.

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