As President Donald Trump and some of his allies continue to make unsubstantiated claims of widespread voter fraud across the country following last week's election, an analysis of reports from state elections officials by WPR shows Wisconsin municipal clerks flagged 238 possible cases of voter fraud in the state over the past four and a half years.
Those possible cases occurred over several major elections in which more than 12 million cumulative ballots were cast, according to annual reports from the Wisconsin Elections Commission to the state Legislature.
John Mark Hansen, a professor of political science at the University of Chicago, told WPR [1] fraudulent votes on that scale are unlikely to sway elections — particularly high turnout presidential contests.
"In order to influence an election on the scale of a presidential election, you’re not talking about doing that with a few hundred votes or a few thousand votes, you’re talking about at least tens of thousands," Hansen said.
Hansen also pointed out individuals would need to be part of a "well-organized conspiracy" and be willing to commit a felony to fraudulently influence an election.
"I think we could easily say that it’s pretty much impossible to imagine there would be thousands of people somewhere who would say, 'You know, I care a lot about this outcome, so I’m going to risk all of that by making sure that Joe Biden has one more vote in Wisconsin or making sure Donald Trump has one more vote in Texas,'" he said.
In Wisconsin, voter fraud comes with a penalty [2] of up to $10,000, imprisonment for up to three and a half years, or both.
Under a state law that look effect Jan. 1, 2016 [3], the Wisconsin Elections Commission must provide an annual report to the state Legislature detailing possible cases of fraud flagged by municipal clerks for local law enforcement.
The Elections Commission reports do not include information about how many of the potential fraud cases resulted in criminal charges or were otherwise confirmed by law enforcement. They also only include reports of fraud identified by municipal clerks. It’s possible other cases of potential fraud were referred to district attorneys by individuals or organizations.
Here’s what the Elections Commission reports showed:
Elections included in the report [4]: 2018 general election (2,673,308 ballots cast); 2019 spring election (1,224,303 ballots cast); 2020 partisan primary (957,197 ballots cast); 2020 presidential primary (1,605,912 ballots cast)
Possible cases of fraud: 19
The violations were:
Elections included in report [5]: 2018 spring election (997,485 ballots cast); 2018 partisan primary (1,041,837 ballots cast); 2018 general election (2,673,308 ballots cast)
Possible cases of fraud: 23
The potential violations were:
Elections included in report [6]: 2017 spring election (708,711 ballots cast); 2016 general election (3,004,051 ballots cast)
Possible cases of fraud: Seven
The potential violations were:
Elections included in report [7]: 2016 spring election (645,619 ballots cast); 2016 general election (3,004,051 ballots cast)
Possible cases of fraud: 189
The potential violations were:
Links
[1] https://www.wpr.org/listen/1719926
[2] https://docs.legis.wisconsin.gov/statutes/statutes/12/13
[3] https://docs.legis.wisconsin.gov/2013/related/acts/148
[4] https://elections.wi.gov/sites/elections.wi.gov/files/2020-08/August%2020%20Open%20Session%20Packet.pdf
[5] https://elections.wi.gov/sites/elections.wi.gov/files/2019-03/Report%20of%20Suspected%20Election%20Fraud_Legislature_3_12_19_Final.pdf
[6] https://elections.wi.gov/sites/elections.wi.gov/files/2019-03/WEC%20Report%20of%20Suspected%20Election%20Fraud.pdf
[7] https://elections.wi.gov/sites/elections.wi.gov/files/2019-03/WEC%20Voter%20Fraud%20Report%20to%20Legislature_April%202017.pdf
[8] https://elections.wi.gov/node/3926