RACINE, Wis. — After holding a press conference last week, during which he accused the bipartisan Wisconsin Elections Commission of breaking the law, Racine Co. Sheriff Christopher Schmaling announced Wednesday he has recommended criminal charges to the local district attorney's office for their review.

What You Need To Know

  • Racine Co. Sheriff Christopher Schmaling announced Wednesday he has recommended criminal charges to the local district attorney's office for review

  • The charges include: Misconduct in Public Office, Election Fraud and Party to the Crime of Election Fraud

  • Charges would be the same for each member and were recommended for Commissioners Margaret Bostelmann, Julie Glancey, Ann Jacobs, Dean Knudson and Mark Thomsen

  • Last week, Sheriff Schmaling held a press conference during which he accused the state Elections Commission of violating the law by recommending local election officials not use the Special Voting Deputy process

The recommended charges are for Commissioners Margaret Bostelmann, Julie Glancey, Ann Jacobs, Dean Knudson, and Mark Thomsen. Bob Spindell, who is one of three Republicans on the commission, was not named.

Among the recommended charges: Misconduct in Public Office, Election Fraud, and Party to the Crime of Election Fraud. The charges would be the same for each of the commissioners named.

  • Misconduct in Public Office in violation of Wis. Stat. § 946.12(2) (Felony)
  • Election Fraud – Election Official Assisting with Violations in violation of Wis. Stat. § 12.13(2)(b)7 (Felony)
  • Party to the Crime of Election Fraud – Receive Ballot Non-Election Official in violation of Wis. Stat. § 12.13(3)(n) (Misdemeanor)
  • Party to the Crime of Election Fraud – Illegal Ballot Receipt in violation of Wis. Stat. § 12.13(3)(p) (Misdemeanor)
  • Party to the Crime of Election Fraud – Solicit Assistance in violation of Wis. Stat. § 12.13(3)(s) (Misdemeanor)

In a press release, Sheriff Schmaling also called on Democratic Attorney General Josh Kaul again to investigate the state Elections Commission.

Last year, the commission instructed local clerks to send absentee ballots to nursing homes instead of poll workers to oversee voting due to the ongoing pandemic and visitor restrictions.

Gov. Tony Evers holds a press conference in the rotunda of the Capitol to discuss redistricting.

This week, during a Capitol news conference, Democratic Gov. Tony Evers said allegations of misconduct at Ridgewood Care Center in Mount Pleasant should be investigated, and if somebody “screwed up,” they should be prosecuted. However, the governor doesn't believe the state Elections Commission broke the law.

“It's my understanding they broke no laws,” Gov. Evers told reporters. "They were just doing what they can do to make sure that A: people can vote, and two: people can be safe.”

Statement from WEC Commissioners regarding Racine County Sheriff’s Department Press Conference by Anthony DaBruzzi on Scribd

Last week, the five commissioners for whom charges were recommended, signed onto a statement opposing the allegations made by the Racine County Sheriff's Department. The statement said commissioners did not break the law by “ensuring ballots were sent to care facility voters in time for the ballots to be mailed and returned.”