Those who deny Election Integrity often argue that Wisconsin’s voter ID laws are among the strictest in the nation. This is actually a positive development, as the swing state of Wisconsin has faced numerous election integrity issues in recent years.

But there’s a voter ID-related loophole cheaters can drive a semi truckload of fraud through. In Wisconsin, voters may claim “Indefinitely Confined” status, which allows them to receive an absentee ballot without presenting proof that they are who they claim to be. A new report, “Wisconsin’s Voter ID Loophole: The Continuing Problem of Indefinitely Confined Voters,” examines the election integrity pitfalls of the lax law.

“This raises a legitimate question about the potential for fraud” in November’s election, the report’s author, Will Flanders, research director at the Wisconsin Institute for Law and Liberty, told me in a recent interview.

The status of being indefinitely confined saw a significant increase during the 2020 election, coinciding with the Covid-19 pandemic.

According to Wisconsin law, individuals who are elderly, physically ill or disabled for an unspecified period can sign a statement allowing them to automatically receive an absentee ballot for each election.

This provision operates on an honor system without requiring verification or investigation. Applicants are solely responsible for determining if they meet the criteria for indefinite confinement to receive an absentee ballot, without the need to provide a photo ID.

In 2020, as Covid-19 spread and Governor Tony Evers implemented state-wide lockdowns, election officials in Wisconsin’s two largest counties – Milwaukee and Dane – issued nearly identical guidance to voters.

“I have informed Dane County Municipal Clerks that during this emergency and based on the Governors [sic] Stay at Home order I am declaring all Dane County voters may indicate as needed that they are indefinitely confined due to illness,” Dane County Clerk Scott McDonell wrote on a March 25, 2020 Facebook post. “This declaration will make it easier for Dane County voters to participate in this election by mail in these difficult times. I urge all voters who request a ballot and have trouble presenting a valid ID to indicate that they are indefinitely confined.”

The post has since been removed.

“A voter can select a box that reads ‘I certify that I am indefinitely confined due to age, illness, infirmity or disability and request ballots be sent to me for every election until I am no longer confined or fail to return a ballot.’ The voter is then able to skip the step of uploading an ID in order to receive a ballot for the April 7 election,” the clerk added.

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