WILL Testifies at Senate Committee on 2020 Election Review

Ten-month review revealed legal problems with election administration, but no evidence of widespread voter fraud

The News: The authors of the Wisconsin Institute for Law & Liberty’s (WILL) Review of the 2020 Election will testify, Thursday, at a 9:00 am hearing of the Senate Committee on Elections, Election Process Reform and Ethics. Rick Esenberg, Kyle Koenen, and Will Flanders will provide the committee with an overview of WILL’s research effort, the findings, and recommendations for reform. WILL’s review was recently called “the best summary of the 2020 election” by the Wall Street Journal editorial board.

The Quote: WILL Policy Director, Kyle Koenen, said, “We are grateful to the committee for the opportunity to discuss WILL’s review of the 2020 election. Our goal is to provide members with facts, research, and legal analysis to ensure that focus is properly directed at the areas of election law and administration that can be improved for future Wisconsin elections.”

WILL’s Review of the 2020 Election: For more than ten months, a group of researchers and attorneys at WILL engaged in an in-depth examination of the 2020 election in Wisconsin. The work included a statistical analysis of the vote totals, a targeted review of nearly 20,000 ballots and 29,000 absentee ballot envelopes, surveys and polling, and accessing tens of thousands of documents collected from more than 460 open records requests.

Among the many detailed findings and recommendations, WILL’s Review of the 2020 Election determined:

  • It is almost certain that in Wisconsin’s 2020 election the number of votes that did not comply with existing legal requirements exceeded Joe Biden’s margin of victory. But it is still not possible to infer fraud solely from unlawfully cast votes or failure to maintain voter rolls.

  • A targeted review of a sampling of ballots found few issues.

  • We found limited instances in which ineligible persons voted or attempted to cast ballots.

  • We found no evidence of significant problems with voting machines.

  • Voter rolls were not properly maintained.

  • Local practices were not uniform and, in some cases, may not have followed the law.

  • Private funding of election operations had a partisan bias and impact.

  • The statewide 2020 election results were not anomalous when compared to historical results and widespread demographic trends.

WILL’s Review of the 2020 Election resulted in a number of bills addressing the findings and acting on recommendations. More details on the legislation can be found here.

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