MADISON, Wisconsin (PNN) - May 20, 2024 - An online plan that would allow election fraud in one state has been paused by a judge, pending resolution of the fight over the use of Wisconsin's absentee balloting process.

A report in The Federalist explains the plan that was adopted by the Wisconsin Election Commission and pushed as mandatory to clerks is now in doubt.

Judge James Morrison of Marinette County has issued a temporary restraining order against the WEC's "latest controversial decision".

The report said it's just the latest in a long list of complaints against the "dysfunctional" commission and its manager.

The case was brought on behalf of a Wisconsin voter by Attorneys Kevin Scott and Daniel Eastman.

It's a fine point being debated, but the state is accused of approving and mandating new ballot envelopes that force voters to "falsely certify that the ballot envelope itself is an original or a copy of the ballot request" generated through an online system.

Except it isn't.

"By forcing people to falsely certify that the return envelope itself is a copy of a completely different document, WEC created a situation where people who requested absentee ballots through MyVote were either committing election fraud by making a false statement in conjunction with voting or were forced to not vote absentee - a Hobson’s choice," said Scott.

The case began when a voter challenged the commission's authority to run "MyVote," an online system where voters can ask for absentee ballots.

The commission insisted requests processed through the system are "email" requests, which are legal.

But the report explained, "WEC officials submitted sworn testimony stating that when an elector seeks an absentee ballot through MyVote the 'request' for the ballot is a form generated by the system once the individual completes the online process."

Osaukee County Judge Steven Cain agreed, but his ruling is now on appeal.

The report explained the problem is that if an applicant requests an absentee ballot by email, Wisconsin statutes require the elector to include "in the envelope" a copy of the "request" for the ballot "bearing an original signature."

The state has not explained how that is to be done.

In the meantime, the state commission adopted a scheme to have color-coded absentee ballot return envelopes.

The report summarized the fight.

"While voting is a constitutional right, voting by absentee ballot is a 'privilege exercised wholly outside the traditional safeguards of the polling place,' state law asserts. Accordingly, absentee voting must be carefully regulated to prevent the potential for fraud or abuse. Ballots cast in violation of the law cannot be counted. The lawsuit argues that the state regulator in charge of enforcing Wisconsin’s election law is demanding clerks and voters use a 'form' that is a contravention of the law. "

The state agenda, apparently, is to push voters using the online system "to falsely certify that the envelope itself is a 'copy' of the absentee ballot request," which is not true.

The report said the WEC previously has "failed to abide by the laws," by allowing unlawful voter registration, offering bad advice on curing absentee ballot envelopes, and allowing the illegal use of absentee ballot drop boxes.