December 2, 2020 – Slinger, WI – Following the Wisconsin Elections Commission signing off on the county canvasses and recount results, Representative Gundrum shared the following statement:
“Numerous constituents have contacted me concerning the role of the Wisconsin State Legislature in relation to the general election results from November 3, 2020. I understand why folks are concerned and upset. There are clearly opportunities for us in the Legislature to strengthen the integrity of our electoral process and safeguard the rights of legal voters.
I am encouraged the Assembly Committee on Campaigns and Elections is conducting an investigation issuing subpoenas and doing a top-to-bottom review of the handling, storage, and reporting processes of ballots cast in Wisconsin. Our laws must be followed. It’s in that same pursuit I will share what the Legislature can and cannot do within the parameters of Wisconsin Law.
1. The Electoral College
The Founding Fathers of the United States established the Electoral College to protect the
rights and interests of both the majority and the minority. The U.S. Constitution grants
state legislatures the authority to choose how electors are selected.
2. The Role of the Legislature
Though already standard operating procedure, in 1973 the Wisconsin State Legislature
via Act 334, codified into law the ability of political parties to nominate their own electors
with s 8.18, Stats. The nominations are then submitted to the Wisconsin Elections
Commission (WEC).
3. Certifying the Election
The first step of election certification begins at the county level. After an election, all
votes must be canvassed and certified by the county clerks. The WEC chairperson must
prepare a certificate showing the results of canvass, which is then sent to the governor
along with the names of the persons selected by the voters to be presidential electors.
The governor must sign the certificate, affix the state seal, and mail it to the U.S.
Administrator of General Services. Based on current state law, the election certification process is not under the purview of the Wisconsin State Legislature.”