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MADISON, Wis. – Prosecutors filed voter fraud charges Thursday against a man who ordered absentee ballots on behalf of two others to bolster their claims that violating election laws is easy.
The effort to prove that voter fraud is possible earned Conservative activist Harry Wait two felonies and two misdemeanors. In an interview, Wait said he stood by his decision to ask for the ballots to be sent to his home on behalf of the speaker of the state Assembly and the mayor of Racine, Wis.
“In hindsight, I would do it over a hundred times over,” Wait said.
Wait is the president of a group called HOT Government, which derives its name from its promise to advocate for “honest, open and transparent government.” He has used his platform over the past two years to question the state’s election laws and practices.
In July, he used a statewide online portal called MyVote Wisconsin to solicit primary ballots on behalf of Assembly Speaker Robin Vos (R) and Racine Mayor Cory Mason (D), two officials he has long criticized. time Mason’s ballot was mailed to Wait’s home in Dover, southeast Wisconsin, but Vos’s was not. Wait said he returned Mason’s unopened ballot to county officials.
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Shortly after requesting the ballots, Wait alerted the sheriff and the top prosecutor in his county to explain what he had done and offer himself for arrest. Wait claimed his ability to make the request showed the MyVote portal was flawed and asked officials to shut it down.
Racine County Sheriff Christopher Schmaling (R) told Wait he would not arrest him and praised him for alerting the public to the problem. Wisconsin Attorney General Josh Kaul (D) announced shortly after that the state Department of Justice was investigating the matter.
On Thursday, Assistant Wisconsin Attorney General Susan Happ charged Wait with two felony counts of unauthorized use of personally identifiable information and two misdemeanor counts of voter fraud. If found guilty of all charges, Wait could face up to 13 years in prison and $22,000 in fines.
The criminal complaint describes Wait soliciting votes under the names of “Individual 1” and “Individual 2.” Other records, along with Wait’s own comments, reveal that they are Vos and Mason. The complaint says Wait also ordered ballots on behalf of other people, after getting their permission. He is not charged with any crime for ordering these ballot boxes.
Wait has repeatedly acknowledged that he did what the criminal complaint alleges. He said Thursday that he initially planned to represent himself and would argue that he did not violate the law because he does not believe the MyVote system is legally authorized. Election officials have dismissed their claims that the portal is not legally valid.
“You have to do what you have to do to protect the republic,” Wait said. “What I did is a matter of record. I provided the DOJ with everything they needed to prosecute me. And I’m going to stand in front of 12 jurors and see if they agree with the DOJ.”
Using MyVote, anyone can search for voters if they know their names and dates of birth. Once connected, they can order absentee ballots and request that they be sent anywhere. This option is available so that voters who are temporarily away can send their ballots to the place where they are staying.
Most Wisconsin voters must provide a copy of a photo ID the first time they apply for an absentee ballot. Under state law, voters who say they are indefinitely confined to their homes due to age or disability do not have to present an ID. Wait used this feature to circumvent the ID requirement, he said.
Requesting a ballot through MyVote generates an email to the voter’s municipal clerk, who makes the final decision on whether to send a ballot. Mason’s community clerk sent his ballot to Wait, but Vos’ community clerk did not after checking the application. He said he also prevented another vote on Vos’ behalf from being sent overseas.
Electoral fraud is rare. Last year, the Wisconsin Elections Commission identified 41 cases of possible voter fraud from primaries and elections in late 2020 and early 2021. That represents a small portion of the millions of votes cast in those elections.