How Musk, Soros and other billionaires are shaping history's most expensive court race

ProPublica is a Pulitzer Prize-winning investigative newsroom. Sign up for The Big Story newsletter to receive stories like this one in your inbox.

Ten years ago, when Wisconsin lawmakers approved a bill to allow unlimited spending in state elections, only one Republican voted no.

“I just thought big money was an evil, a curse on our politics,” former state Sen. Robert Cowles said recently of his 2015 decision to buck his party.

As Wisconsin voters head to the polls next week to choose a new state Supreme Court justice, Cowles stands by his assessment. Voters have been hit with a barrage of attack ads from special interest groups, and record-setting sums of money have been spent to sway residents. What’s more, Cowles said, there’s been little discussion of major issues. The candidates debated only once.

“I definitely think that that piece of legislation made things worse,” Cowles said in an interview. “Our public discourse is basically who can inflame things in the most clever way with some terrible TV ad that’s probably not even true.”

More than $80 million has been funneled into the race as of March 25, according to two groups that have been tracking spending in the contest — the Brennan Center for Justice, a nonpartisan law and policy group that follows judicial races, and the news outlet WisPolitics. That surpasses the previous costliest judicial race in the country’s history, approximately $56 million spent two years ago on the Supreme Court race in Wisconsin.

Money is pouring into this swing state election so fast and so many ads have been reserved that political observers now believe the current race is likely to reach $100 million by Tuesday, which is election day.

“People are thoroughly disgusted, I think, across the political spectrum with just the sheer amount of money being spent on a spring Supreme Court election in Wisconsin,” said Jay Heck, executive director of Common Cause Wisconsin, which has long advocated for campaign finance reform.

But the elected officials who could revamp the campaign finance system on both sides of the aisle or create pressure for change have been largely silent. No bills introduced this session. No press conferences from legislators. The Senate no longer even has a designated elections committee.

The current election pits former Republican Attorney General Brad Schimel, now a circuit court judge in conservative-leaning Waukesha County, against Susan Crawford, a judge in Dane County, the state’s liberal bastion.

Though the race technically is nonpartisan, the Democratic Party, including former President Barack Obama, has endorsed Crawford; the party has received financial support from liberal billionaire George Soros. On the other side, President Donald Trump posted a message on his social media platform on March 21 urging his supporters to vote for Schimel, and much of Schimel’s money comes from political organizations tied to Elon Musk.

The stakes are high. Whoever wins will determine the ideological bent of the seven-member court just two years after Janet Protasiewicz won a seat on the court and swung it to the liberals. With Protasiewicz on the court, the majority struck down state legislative maps, which had been drawn to favor Republicans, and reinstated the use of drop boxes to collect absentee ballots.

A Schimel victory could resurrect those and other voting issues, as well as determine whether women in the state will continue to be able to access abortion.

Two pro-Schimel groups linked to Musk — America PAC and Building America’s Future — had disclosed spending about $17 million, as of March 25. Musk himself donated $3 million this year to the Republican Party of Wisconsin. In the final stretch of the campaign, news reports revealed that Musk’s America PAC plans to give Wisconsin voters $100 to sign petitions rejecting the actions of “activist judges.”

That has raised concerns among some election watchdog groups, which have been exploring whether the offer from Musk amounts to an illegal inducement to get people to vote.

On Wednesday night, Musk went further, announcing on X a $1 million award to a Green Bay voter he identified only as “Scott A” for “supporting our petition against activist judges in Wisconsin!” Musk promised to hand out other million-dollar prizes before the election.

Musk has a personal interest in the direction of the Wisconsin courts. His electric car company, Tesla Inc., is suing the state over a law requiring manufacturers to sell automobiles through independent dealerships. Musk and Tesla did not respond to requests for comment about his involvement in the race.

Also on Schimel’s side: billionaires Diane Hendricks and Richard Uihlein and Americans for Prosperity, a dark-money group founded by billionaire Charles Koch and his late brother David. Americans for Prosperity has reported spending about $3 million, primarily for digital ads, canvassing, mailers and door hangers.

A Better Wisconsin Together Political Fund, a union-supported electioneering group, has ponied up over $6 million to advance Crawford. In other big outlays, Soros has given $2 million to the state Democratic Party, while Illinois Gov. JB Pritzker, another billionaire, gave $1.5 million. And California venture capitalist Reid Hoffman, co-founder of LinkedIn, donated $250,000.

In Wisconsin, political parties can steer unlimited amounts to candidates.

State Sen. Jeff Smith, a Democrat and a minority leader, called the spending frenzy “obscene.”

“There’s no reason why campaigns should cost as much as they do,” he said.

Asked for comment about the vast amount of money in the race, Crawford told ProPublica: “I’m grateful for the historic outpouring of grassroots support across Wisconsin from folks who don’t want Elon Musk controlling our Supreme Court.”

Schimel’s campaign called Crawford a “hypocrite,” saying she “is playing the victim while receiving more money than any judicial candidate in American history thanks to George Soros, Reid Hoffman, and JB Pritzker funneling money to her campaign.”

Quizzed Monday by a TV reporter on whether he would recuse himself if the Tesla case got to the state’s high court, Schimel did not commit, saying: “I’ll do the same thing I do in every case. I will examine whether I can truly hear that case objectively.”

A decade after Wisconsin opened the floodgates to unlimited money in campaigns in 2015, some good government activists are wondering if the state has reached a tipping point. Is there any amount, they ask, at which the state’s political leaders can be persuaded to impose controls?

“I honestly believe that folks have their eyes open around the money in a way that they have not previously,” Nick Ramos, executive director of the nonpartisan Wisconsin Democracy Campaign, which tracks campaign spending, told reporters during a briefing on spending in the race.

A loosely organized group of campaign reformers is beginning to lay the groundwork for change. The Wisconsin Democracy Campaign recently called a Zoom meeting that included representatives of public interest groups inside and outside of Wisconsin, dark-money researchers and an election security expert.

They were looking for ways to champion reform during the current legislative session. In particular, they are studying and considering what models make sense and may be achievable, including greater disclosure requirements, public financing and restricting candidates from coordinating with dark-money groups on issue ads.

But Republicans say that the spending is a natural byproduct of the U.S. Supreme Court’s 2010 Citizens United decision, which equated campaign spending with free speech and opened the spigots for big-money races.

“For the most part, we don’t really, as Republicans, want to see the brakes on free speech,” said Ken Brown, past chair of the GOP Party of Racine, a city south of Milwaukee. Noting he was not speaking for the party, Brown said he does not favor spending limits. “I believe in the First Amendment. It is what it is. I believe the Citizens United decision was correct.”

Asked to comment on the current system of unlimited money, Anika Rickard, a spokesperson for the Republican Party of Wisconsin, did not answer the question but instead criticized Crawford and her funders.

Post-Reform Bill Opened Floodgates

At one point, Wisconsin was seen as providing a roadmap for reform. In 2009, the state passed the Impartial Justice Act. The legislation, enacted with bipartisan support, provided for public financing of state Supreme Court races, so candidates could run without turning to special interests for money.

The push for the measure came after increased spending by outside special interests and the candidates in two state Supreme Court races: the 2007 election that cost an estimated $5.8 million and the the 2008 contest that neared $6 million, according to the Wisconsin Democracy Campaign.

Candidates who agreed in 2009 to public financing and spending limits received grants of up to $400,000 for the race. The money came from the Democracy Trust Fund, which was supported by a $2 income tax check-off.

“Reformers win a fight to clean up court races,” the headline on an editorial in The Capital Times read at the time.

But the law was in place for only one election, in April 2011. Both candidates in the court’s general election that year agreed to take public funding, and incumbent Justice David Prosser, a conservative, narrowly won reelection. Then Republicans eliminated funding for the measure that summer. Instead, the money was earmarked to implement a stringent voter ID law.

By 2015, GOP leaders had completely overhauled the state’s campaign finance law, with Democrats in the Assembly refusing to even vote on the measure in protest.

“This Republican bill opens the floodgates to unlimited spending by billionaires, by big corporations and by monied, special interests to influence our elections,” Rep. Lisa Subeck, a Democrat, said in the floor debate.

Wisconsin is no longer cited as a model. Activists point to other states, including Arizona, Oregon and Rhode Island. Arizona and Oregon established disclosure measures to trace the flow of dark money, requiring campaign spenders to reveal the original source of donations. Rhode Island required ads to name not only the sponsor but the organization’s top donors so voters can better access the message and its credibility.

Amid skepticism that Wisconsin will rein in campaign spending, there may be some reason for optimism.

A year ago, a proposed joint resolution in Wisconsin’s Legislature bemoaned Citizens United and the spending it had unleashed. The resolution noted that “this spending has the potential to drown out speech rights for all citizens, narrow debate, weaken federalism and self-governance in the states, and increase the risk of systemic corruption.”

The resolution called for a constitutional amendment clarifying that “states may regulate the spending of money to influence federal elections.”

And though it never came to a vote, 17 members of the Legislature signed on to it, a dozen of them Republicans. Eight of them are still in the Legislature, including Sen. Van Wanggaard, who voted for the 2015 bill weakening Wisconsin’s campaign finance rules.

Wanggaard did not respond to a request for comment. But an aide expressed surprise — and disbelief — seeing the lawmaker’s name on the resolution.

Who's mailing swing state voters a 'Catholic' newspaper? It's not the Church.

One by one, Catholic dioceses in key presidential swing states are putting out unusual statements: Newspapers whose titles include the word Catholic that are showing up in people’s mailboxes aren’t what they seem and aren’t connected to the church.

With a classic typeface and traditional newspaper design, the mass-mailed Catholic Tribune newspapers carry signposts of legitimacy. But most of the articles in the papers are inflammatory and overtly partisan, focusing on culture-war issues that resonate with conservative voters.

A headline in the Wisconsin Catholic Tribune, and repurposed in other states’ versions, provocatively asks, “How many ‘sex change’ mutilation surgeries occurred on Wisconsin kids?” Another: “Haitian illegal aliens in America: What are Harris supporters saying?”

At the same time, they undermine Vice President Kamala Harris and prop up former President Donald Trump by, for instance, reminding readers on the front page that anti-vaccine activist and conspiracy theorist Robert F. Kennedy Jr. — whose father and uncle were among the most prominent Catholics in the country — has endorsed Trump.

Dioceses and parishes in Michigan, Nevada and Wisconsin have issued warnings about the publications. “It gives the impression that the Diocese of Grand Rapids or the Catholic Church is behind this newspaper,” diocese spokesperson Annalise Laumeyer said of the Michigan Catholic Tribune.

She reached out to local media to flag parishioners so they won’t be misled. And because of the clearly partisan content, non-Catholics might be left with an impression of the Catholic Church that is “worrisome,” she said.

The papers, which have also appeared in Arizona and Pennsylvania, are what academics call “pink slime.” The name comes from a filler in processed meat — or a product that is not entirely what it seems.

Using tax documents and business filings, ProPublica traced the papers to a Chicago-based publishing network led by former TV reporter Brian Timpone. His enterprises, including Metric Media, are known among researchers for peddling misinformation and slanted coverage. The network has received money from right-wing super PACs funded by conservative billionaire Richard Uihlein, founder of the mammoth shipping supply company Uline.

The Catholic Church does not endorse candidates or call for their defeat but does speak out on moral issues and participates in debates over public policies. Many dioceses publish newspapers, but they are not partisan.

In distancing itself from the Michigan Catholic Tribune, the Archdiocese of Detroit noted that tax-exempt churches are not permitted under the Internal Revenue Code to be involved in partisan politics. The Archdiocese of Milwaukee directed Catholics to a Wisconsin Catholic Conference document setting out guidelines for church involvement in electoral politics.

Jason Bourget, a Catholic in the Diocese of La Crosse, Wisconsin, received a copy of the Wisconsin Catholic Tribune in the mail and immediately thought it was suspicious. He had never asked to receive the paper or paid to subscribe.

“I put it with all the other political ads, right in the garbage,” he said.

Similar papers were mailed to swing-state residents ahead of the 2020 and 2022 election cycles. They’ve been spotted in past elections in Arizona and Iowa, too. There are Catholic Tribune websites registered for all 50 states, plus one national version, but most don’t appear to have published anything for months, if ever. It’s unclear how many papers have been mailed this year.

Timpone did not respond to requests for comment or to questions from ProPublica.

In an era of prolific “pink slime” sites, sophisticated, AI-concocted fakes and outlandish conspiracy theories engulfing social media, the papers are a throwback to a low-tech disinformation tactic.

But they are not unusual in the Metric Media universe. ProPublica, in collaboration with the nonprofit news organization Floodlight and the Tow Center for Digital Journalism at Columbia University, recently reported on a misinformation campaign against solar energy in Ohio aided by Metric Media that included distribution of a similar unfamiliar newspaper, the Ohio Energy Reporter. It has the same mailing address as the Catholic Tribune papers.

Metric Media and its sister companies operate more than 1,100 local news websites across the country. The return address for the Michigan and Wisconsin Catholic Tribunes matches the business mailing address of companies within the Metric Media network, ProPublica found.

Timpone, who lives in Illinois and has contributed to conservative campaigns and causes, leads Metric Media. His brother, Michael Timpone, also leads a media company at the address listed on the Catholic Tribune papers, and he led the Metric Media affiliate that published similar papers in previous election cycles. Michael Timpone also did not respond to a request for comment.

An analysis by ProPublica shows the stories in the Catholic newspapers also were published on websites operated by Metric Media. Nearly every story lacks a reporter byline, so it’s impossible to tell who authored them.

Metric Media’s sister companies were paid nearly $6.4 million in 2021 and 2022 by the nonprofit Restoration of America and its Restoration PAC, campaign finance and tax records show. Uihlein has donated about $125 million to Restoration PAC since 2020. Uihlein did not respond to questions from ProPublica or a request for comment.

Restoration also has funded CatholicVote, another nonprofit with a super PAC that operates on behalf of laity and not the church. It supports conservative political causes. Tax records show that CatholicVote in turn has paid companies in the Metric network about $827,000 since 2020.

In August, Restoration PAC sent $2.5 million to another right-wing PAC called Turnout for America, according to recent campaign finance filings. And then in September, Turnout for America paid CatholicVote $200,000 and one of Brian Timpone’s companies $250,000 for “media services.”

Officials at CatholicVote did not respond to questions for this story. The organization makes prominent appearances in Catholic Tribune stories. The paper circulating in Michigan includes three stories quoting Jacky Eubanks, cited as CatholicVote’s regional field director for the state. Eubanks ran unsuccessfully for the Michigan House in 2022 in a campaign calling for a ban on contraception and gay marriage. Trump endorsed her.

Eubanks told ProPublica she was not familiar with the Catholic Tribune newspapers and never spoke to a reporter for them. She said the quotes were ones that she gave to her employer, CatholicVote, including one in which she said “nothing good” could come from Minnesota Gov. Tim Walz being elected vice president. “My employer probably put it in some kind of press release, or email or text message,” she said.

A devout Catholic, Eubanks said her politics derive straight from her faith. “If the Catholic Church teaches it,” she said, “that’s my belief.”

The paper left some Catholic parishioners confused until church leadership issued statements.

“Thank you, I thought it was rather strange. Will be shredding it,” said one Facebook commenter in Reno, Nevada, responding to her parish’s confirmation that the Nevada Catholic Tribune wasn’t affiliated.

In other households, including non-Catholic ones, the papers provoked annoyance and ire.

Ingrid Fournier, a Lutheran, was perplexed when it arrived at her home.

“We live in no-man’s-land Michigan,” she said of their home in Branch, some 90 minutes northwest of Grand Rapids.

She reached out on Facebook to find out if anyone else in her circle had gotten a copy.

“It’s a pro-DJT Propaganda nightmare of pages,” she wrote. “I was offended on Every. Single. Page. Actually, every single article was wild.”

Some who received the papers have questioned why the Catholic Church has not been more forceful in denouncing lies and hateful rhetoric in the publication, which includes assertions that Democrats are responsible for the Trump assassination attempts. A full page seems intended to stoke hostility by purportedly quoting Harris supporters praising Haitians while referring to Midwesterners as “white trash” and “whiny lazy fentanyl addicts.”

A spokesperson for the Archdiocese of Detroit told ProPublica: “We don’t want to bring undue attention to the publication by discussing specific content, other than to reiterate that we do not endorse it.”

The fact that the Catholic Tribune mimics the appearance of a traditional newspaper means it may catch more attention than online “pink slime” outlets, said Ben Lyons, an assistant professor at the University of Utah who studies partisan misinformation. It is, in a way, “hacking credibility” by appearing to be a local news source tied to the Catholic Church, he said.

Online “pink slime” sites tend to reach few readers, Lyons said. Mailing the papers to homes makes it more likely they’ll be noticed, particularly by older voters. The tactic “could be potentially more influential than a lot of the random stuff we see floating around,” he said.

While most evangelical Christians are firmly in Trump’s corner, the Catholic vote is less bankable. In the 2020 presidential election, Catholic voters were about evenly divided: 49% backed Trump and 50% voted for Joe Biden, according to the Pew Research Center. It notes that 1 out of every 5 U.S. adults identifies as Catholic. Biden is the second Catholic president in U.S. history. The Republican vice-presidential candidate, JD Vance, converted to Catholicism five years ago.

Robert F. Kennedy Jr.’s role as a Trump supporter is emphasized in the Catholic Tribunes. The end of a story in the Michigan edition notes: “His Catholic background and policy positions might motivate Catholic voters who are undecided or seeking candidates that reflect a”

The sentence ends abruptly, with no period, and the story never continues to another page.

Controversy erupts as Wisconsin officials highlight drop boxes for secure voting

ProPublica is a Pulitzer Prize-winning investigative newsroom. Sign up for The Big Story newsletter to receive stories like this one in your inbox.

They are squat, stationary and seemingly innocuous. But ever since the high drama of the 2020 presidential election, humble drop boxes have been more than a receptacle of absentee ballots; they’ve morphed into a vessel for emotion, suspicion and even conspiracy theories.

In the battleground state of Wisconsin, especially, the mere presence of these sidewalk containers has inspired political activists and community leaders to plot against them, to call on people to watch them around the clock and even to hijack them.

They’ve been the subject of two state Supreme Court decisions, as well as legal memos, local council deliberations, press conferences and much hand-wringing.

Wausau Mayor Doug Diny was so leery of the box outside City Hall that he absconded with it on a Sunday in September, isolating it in his office. It had not yet been secured to the ground, he said, and so he wanted to keep it safe. The escapade was met with a backlash but also won the mayor some admirers online before he returned it.

“COURAGE IS CONTAGIOUS! WELL DONE SIR!” one person wrote on the conservative social media site Gettr.

As early voting for the November election begins and Wisconsinites receive their absentee ballots, they have choices on how to return them. Mail them. Deliver them in person to the municipal clerk. Or, in some communities, deposit them in a drop box, typically located outside a municipal building, library, community center or fire station.

Though election experts say the choices are designed to make voting a simple act, the use of drop boxes has been anything but uncomplicated since the 2020 election, when receptacles in Wisconsin and around the country became flash points for baseless conspiracy theories of election fraud. A discredited, but popular, documentary — “2000 Mules” — linked them to ballot stuffing, while a backlash grew over nonprofit funding that helped clerks make voting easier through a variety of measures, including drop boxes.

The movie’s distributor, Salem Media Group Inc., removed it from circulation in May and, in response to a lawsuit, issued a public apology to a Georgia voter for falsely depicting him as having voted illegally. A federal judge dismissed Salem Media Group as a defendant, but the litigation is proceeding against the filmmaker and others.

With all that fuss in the background, Wisconsin’s conservative-leaning Supreme Court outlawed the boxes in 2022. But then this summer, with the court now controlled by liberals, justices ruled them lawful, determining that municipal clerks could offer secure drop boxes in their communities if they wished.

The court’s latest ruling made clear it’s up to each municipal clerk’s discretion whether to offer drop boxes for voters. But the decision has done little to change minds about the boxes or end any confusion about whether they’re a boon to democracy or a tool for chicanery.

This year, four of Wisconsin’s largest cities are using drop boxes — Milwaukee, Madison, Green Bay and Racine. But numerous locales that offered drop boxes in 2020, including Kenosha, the fourth-largest city in the state, have determined they will not this year.

Voters have been getting mixed messages from right-wing activists and politicians about whether to use drop boxes, as the GOP continues to sow distrust in elections while, at the same time, urging supporters to vote early — by any means.

“Look, I’m not a fan of drop boxes, as is no great surprise, but if you have to have them, this is not a bad situation,” Catherine Engelbrecht, founder of True the Vote, which has fostered doubt about election integrity and helped inspire “2000 Mules,” said on a video posted to social media on Sept. 30. It showed her giving a brief tour of a drop box in Madison, Wisconsin’s capital and a bastion of Democrats.

With the camera trained on one of the boxes, Engelbrecht extolled that “the slot is really small, so that’s a good thing,” and that “most of these drop boxes appear to be close to fire stations,” which she also declared a good thing. About a week later, she wrote in a newsletter that True the Vote had collected exact drop box locations statewide and was working to arrange livestream video feeds of them.

Unlike in 2020 when Trump warned against the use of absentee ballots, this year he is urging supporters to “swamp the vote.” And the Wisconsin Republican Party is not discouraging voters from using ballot drop boxes if they are available in their community and are secure.

Still, Wisconsin’s GOP candidate for the U.S. Senate, Eric Hovde, has urged citizen surveillance brigades to watch the boxes. “Who’s watching to see how many illegal ballots are being stuffed?” Hovde told supporters in July, according to a recording of his remarks obtained by The Washington Post. “Look, we’re probably going to have to have — make sure that there’s somebody standing by a drop box everywhere.”

Most boxes have security cameras trained on them. Those surveillance tapes could be used as purported evidence in legal cases if Trump loses on Nov. 5.

Already, Engelbrecht has filed a public records request with the Dane County Clerk’s Office for “copies of video recordings from security cameras used to surveil all exterior and interior ballot drop boxes in Dane County for the November 2024 Election.” The county, whose seat is Madison, does not have access to camera footage, which is kept by municipalities, the county clerk told ProPublica.

After this year’s state Supreme Court ruling allowing the drop boxes, the Wisconsin Elections Commission issued guidance to the state’s roughly 1,800 municipal clerks recommending more than a dozen security practices related to the boxes.

The instructions include that they be “affixed to the ground or the side of the building,” “sturdy enough to withstand the elements,” “located in a well-lit area,” “equipped with unique locks or seals” and “emptied often.”

The commission recommended that clerks keep a record of the times and dates of retrieval, number of ballots retrieved and the names of the people doing the retrieving.

It also referred clerks to federal guidelines.

But even with updated guidelines in place and ballot harvesting prohibited in Wisconsin (individuals can only submit their own ballot, unless helping a disabled person), concerns persist.

In August in Dodge County, some 60 miles northwest of Milwaukee, the sheriff, Dale Schmidt, emailed three town clerks, telling them he had “serious concerns” about drop boxes, according to records obtained by the news site WisPolitics. “I strongly encourage you to avoid using a drop box,” he wrote. The sheriff asked the clerks numerous questions about the boxes, explaining that: “Even if set up the best way possible to avoid the potential for fraudulent activity, criminal activity many times finds ways to subvert even the best plans.”

Two of the clerks — from the towns of Ashippun and Beaver Dam — replied to the sheriff that they would not use them and the clerk from Hustisford told Wisconsin Public Radio that, while she received Schmidt’s email, the town board had already decided against using a drop box out of security concerns. In an email to ProPublica, Schmidt said, “No one was intimidated into choosing not to use the boxes and none of them had heartburn over not using them.”

Brittany Vulich, Wisconsin campaign manager for the nonpartisan voting rights group All Voting is Local, is bothered by how mayors, council members and other officials are seeking to influence these decisions. She notes that municipal clerks — the vast majority of whom are women — are the top election officials in each municipality.

“It’s the undermining of their authority. It’s the undermining of their office,” she said. “It’s the undermining of their autonomy to do their job and to make that decision on whether to use drop boxes or not. And that is what is very alarming.”

Other towns have also balked.

In the city of Brookfield, the Common Council took up a resolution Aug. 20 and voted 10-4 not to have a drop box after reviewing a memo by City Attorney Jenna Merten who found the recommended precautions burdensome.

“The guidance states that for unstaffed 24-hour ballot drop boxes, the City would need a video surveillance camera and storage of the video footage, as well as decals, extra keys and security seals,” she wrote. “Removing the ballots from the drop box would require at least two people and the completion of chain of custody logs.”

During the debate, Alderman Gary Mahkorn, an opponent of drop boxes, argued that they served a purpose during the COVID-19 pandemic but then “became a hugely political issue, and that’s what makes me want to, you know, puke in a way.” He worried that “the further we get away from people trusting our elections, the more our democracy is at stake.”

Instead of having drop boxes, the city will have extended voting hours, 7 a.m. to 6 p.m., most weekdays during in-person absentee voting for the two weeks prior to the election.

In Wausau, the box that Diny took to his office is back, bolted to the ground and being used for early voting.

At first, Diny resisted pressure from the city clerk and members of the City Council to return it. The clerk, Kaitlyn Bernarde, reported the matter to the Marathon County District Attorney’s Office and the state elections commission. And Diny arranged to have the clerk reclaim it.

The Wisconsin Department of Justice is investigating. There have been no charges. Diny told ProPublica he believes he did nothing wrong, saying: “None of this was done in a nefarious, secret way.”

At a City Council meeting on Tuesday night, Diny attempted to force a vote on allocating additional funds for drop-box security. But the council showed no interest.

During the public comment period, residents both praised and lambasted the mayor. One local resident rose to say, “Arguing about a box is dumb.”

A Wisconsin tribe built a lending empire by charging 600% annual rates to borrowers

ProPublica is a Pulitzer Prize-winning investigative newsroom. Sign up for The Big Story newsletter to receive stories like this one in your inbox.

Reporting Highlights

  • 600% Online Loans: A Wisconsin tribe built a lending empire on high-interest lending, relying on its sovereign rights to avoid state interest rate caps.
  • Bankruptcies and Complaints: A ProPublica analysis found that the tribe’s companies are mentioned frequently in personal bankruptcies and consumer complaints.
  • Groundbreaking Settlement: A proposed class-action settlement involving the tribe’s officials promises to deliver extraordinary relief to borrowers, erasing over $1 billion in debt.

These highlights were written by the reporters and editors who worked on this story.

In bankruptcy filings and consumer complaints, thousands of people across the country make pleas for relief from high-interest loans with punishing annual rates that often exceed 600%.

Although they borrowed small sums online from a slew of businesses with catchy names — such as Loan at Last or Sky Trail Cash — their loans stemmed from the same massive operation owned by a small Native American tribe in a remote part of Wisconsin.

Over the past decade, the Lac du Flambeau Band of Lake Superior Chippewa Indians has grown to become a prominent player in the tribal lending industry, generating far-reaching impact and leaving a legacy of economic despair. A ProPublica analysis found companies owned by the LDF tribe showed up as a creditor in roughly 1 out of every 100 bankruptcy cases sampled nationwide.

That’s the highest frequency associated with any of the tribes doing business in this sector of the payday loan industry. And it translates to an estimated 4,800 bankruptcy cases, on average, per year.

ProPublica also found that LDF’s various companies have racked up more than 2,200 consumer complaints that were routed to the Federal Trade Commission since 2019 — more than any other tribe in recent years.

“THIS IS THE TEXTBOOK DEFINITION ON LOANSHARKING,” one Californian with an LDF loan complained in all caps in June 2023 to federal regulators. The person, whose name is redacted, argued that “no one should be expected to pay over $11,000 for a $1,200 loan,” calling the 790% rate “beyond predatory.”

In a separate complaint, a Massachusetts customer wrote, “I thought this kind of predatory lending was against the law.”

Such confusion is understandable. Loans like these are illegal under most state statutes. But tribal-related businesses, including LDF, claim that their sovereign rights exempt them from state usury laws and licensing requirements aimed at protecting consumers. And so these businesses operate widely, facing little pushback from regulators and relying on the small print in their loan agreements.

As LDF climbed in the industry, it kept a low profile, garnering little publicity. For years it operated from a call center above a smoke shop in the community’s small downtown, before moving to a sprawling vocational training building, built in part with federal money, off a less visible, two-lane road.

But staying under the radar just got harder. Court filings show that LDF tribal leaders and some of their nontribal business partners have come to an agreement with consumers in a 2020 federal class-action lawsuit filed in Virginia. Nearly 1 million borrowers could finally get relief.

The deal calls for the cancellation of $1.4 billion in outstanding loans. Tribal officials and their associates would also pay $37.4 million to consumers and the lawyers who brought the suit. Although they settled, LDF leaders have denied wrongdoing in the case, and its president told ProPublica it adheres to high industry standards in its lending operations.

A final resolution of the case will take months. If approved, the total settlement would be the largest ever secured against participants in the tribal lending industry, lawyers told the court.

“This is a big one,” said Irv Ackelsberg, a Philadelphia attorney who has faced off in court against other tribal lenders and followed this suit closely. “Is it going to stop tribal lending? Probably not because it’s just a fraction of what’s out there.”

The LDF tribe is central to the suit but is not named. Nor is LDF Holdings, the corporate umbrella over the various lending subsidiaries.

Knowing that both those entities likely would have been entitled to sovereign immunity, lawyers for the borrowers chose a different approach. Instead, they brought the case against members of the tribe’s governing council; high-level employees of LDF’s lending operations; and a nontribal business partner, Skytrail Servicing Group, and its owner, William Cheney Pruett.

Pruett also denied wrongdoing in the case. He did not respond to requests for comment from ProPublica.

The proposed settlement notes that the tribal leaders and their partners understood that continuing to defend the case “would require them to expend significant time and money.” LDF, under the settlement, can continue its loan operations.

In emails to ProPublica, LDF President John Johnson Sr. defended the tribe’s lending business as legal and beneficial to both borrowers and the tribal members. He said the loans help people “without access to traditional financial services,” such as those with bad credit histories and people facing financial crises. Many borrowers, he said, have had positive experiences.

He also emphasized the economic benefits to the tribe, including jobs and revenue for vital services. “Please make no mistake: the programs and infrastructure developed through LDF Holdings’ revenue contributions have saved lives in our community and are helping preserve our culture and way of life,” he wrote in an email.

Johnson, who is a named defendant in the suit, and other tribal leaders declined requests to be interviewed.

Partnerships Fuel Lending

Historically, some financial services firms formed alliances with tribes, gaining an advantage from the tribes’ sovereign immunity. For years, consumer lawyers and even federal prosecutors have raised questions about whether some tribal lending operations were just fronts for outsiders that received most of the profits and conducted all the key operations — from running call centers to underwriting and collecting.

The LDF tribe is one of only a few dozen of the nation’s 574 federally recognized tribes that have turned to the lending business as an economic lifeline. Typically those tribes are in isolated areas far from large population centers needed to support major industries or hugely profitable casinos. Online lending, or e-commerce, opened opportunities.

“If you look at the tribes who do it, they tend to be rural and they tend to be poor,” said Lance Morgan, CEO of a tribal economic development corporation owned by the Winnebago Tribe of Nebraska. “Because they don’t really have any other options to pursue from an economic development standpoint. They just don’t. That’s why this appeals to some tribes.”

He said his tribe considered getting into the lending industry but decided against it.

Tribes in the U.S. still suffer from the legacy of racism and betrayal that saw the U.S. government steal land from Native Americans and destroy cultures. Now, with limited economic resources and taxing options, tribal governments draw upon federal grants and subsidies to help fund essential community services — support promised in long-ago treaties, laws and policies in exchange for land. But these programs have proven to be “chronically underfunded and sometimes inefficiently structured,” according to a 2018 report from the U.S. Commission on Civil Rights.

On the LDF reservation, which is home to about 3,600 people, the median household income is under $52,000, and 20% of the population lives below the federal poverty line, according to the U.S. Census Bureau. On lands that are chock-full of lakes, streams and wetlands, the LDF people operate a fish hatchery, hunt deer and cultivate wild rice. The tribe also has a casino, hotel and convention center.

LDF entered the loan business in 2012 and has set up at least two dozen lending companies and websites on its way to massive expansion, a ProPublica examination found. LDF owns the companies and works with outside firms to operate its businesses, which offer short-term installment loans.

Unlike traditional payday loans, these are not due by the next pay period but have longer terms. Borrowers show proof of income and typically authorize the company to make automatic withdrawals from their bank accounts.

Details of the tribe’s business operations are not public. A July 2014 tribal newsletter reported that LDF had three lending companies employing four tribal members. By 2022, an LDF attorney told the Virginia judge that LDF Holdings, the lending parent company, employed about 50 people on the reservation. Johnson told ProPublica it currently employs 170 people “who live on or near the reservation,” of which 70% are tribally enrolled.

Each year, on reservation land, LDF now hosts the Tribal Lending Summit, a gathering of staff, vendors and prospective partners. Attendee lists posted online show dozens of representatives of software companies, call centers, marketing firms, customer acquisition businesses and debt collection agencies.

After this year’s event, in June, the LDF business hosts posted a congratulation message on social media: ”Here’s to another year of growth, learning, and collaboration! We look forward to continuing this journey together and seeing you all at next year’s summit."

Business Practices Under Fire

Like many operators in this corner of the lending industry, LDF has been forced to defend its business practices in court. It has been subject to at least 40 civil suits filed by consumers since 2019, ProPublica found.

The suits typically allege violations of state usury laws and federal racketeering or fair credit reporting statutes. Johnson, in his statements to ProPublica, said LDF follows tribal and federal regulations, and he cited LDF’s sovereign status as the primary reason state laws on lending don’t apply to its business practices.

“Expecting a Tribe to opine on and/or submit to State regulatory oversight is akin to expecting Canada to submit to or speak on the laws of France,” he wrote.

Most suits against LDF’s lending companies settle quickly with the terms kept confidential. Consumers can be at a disadvantage because of the arbitration agreements in the fine print of their loan contracts, which attempt to restrict their ability to sue.

Karen Brostek, a registered nurse in Florida, borrowed $550 in 2017 from LDF’s Loan at Last at an annual percentage rate of 682%. The contract required her to pay back $2,783 over nine months.

It wasn’t her first foray into short-term borrowing. She said her salary did not cover her expenses and she had “to borrow from Peter to pay Paul.”

Loan at Last tried numerous times to collect the debt, even threatening in one phone call to have her jailed, she said. Finally, in August 2019, she satisfied the obligation.

Brostek sued LDF Holdings in small claims court in Pasco County in 2021. The suit cited Florida laws that make it a third-degree felony to issue loans with APRs over 45%.

The parties settled within weeks. Brostek recalls receiving about $750. LDF’s Johnson did not comment on Brostek’s case in his response to ProPublica.

She said she does not begrudge the tribe making money but said, “We need to find another way to help them so they don’t feel they’re backed into a corner and this is their only alternative.”

A Groundbreaking Settlement

The Virginia class-action suit claimed that LDF’s governing council delegated the daily operations of the lending businesses “to non-tribal members.” Mirroring allegations in other civil actions, the suit claims that LDF’s partnerships were exploiting sovereign immunity to make loans that otherwise would be illegal.

According to the plaintiffs, LDF Holdings entered into agreements that allow nontribal outsiders to handle and control most aspects of the lending businesses. That includes “marketing, underwriting, risk assessment, compliance, accounting, lead generation, collections, and website management for the businesses,” the suit said. For years, the president of LDF Holdings was a woman who lived in Tampa, Florida. She is a named defendant in the suit, which says she is not a member of the tribe.

Johnson told ProPublica that early on the tribe lacked expertise in the industry and that its partnerships were simply an example of outsourcing, “a standard practice in many American business sectors.”

His statement added, “Recruiting outside talent and capital to Indian country is a mission-critical skill in Tribal economic development.”

The amount of revenue that comes to the tribe is undisclosed, but the class-action suit says the contract with one of its partners, Skytrail Servicing, resulted in only “a nominal flat fee” for LDF.

The 2014 servicing agreement between Skytrail Servicing and LDF is sealed in the court record, and details about the arrangement are largely redacted. In one filing, Skytrail Servicing denies an allegation from the plaintiffs that the tribe received only $3.50 per originated loan.

In a separate filing in the suit, Johnson, the tribal president, said LDF’s lending profits are distributed to the tribe’s general fund, which helps pay for the tribal government, including essential services such as police, education and health care.

The legal strategy crafted by the Virginia consumer protection firm Kelly Guzzo PLC relied heavily on a 2021 federal appeals court decision that concluded that tribal lending was off-reservation conduct to which state law applied. The court found that while a tribe itself cannot be sued for its commercial activities, its members and officers can be.

The class-action suit alleges that tribal officials and their associates conspired to violate state lending laws, collecting millions of dollars in unlawful debts. “In sum, we allege that they are the upper level management of a purely unlawful business that makes illegal loans in Virginia, Georgia, and elsewhere throughout the country,” lawyer Andrew Guzzo said in a September 2022 hearing, referring to LDF officials.

“What I’m trying to say, in other words, is this isn’t a case that involves a lawful business, such as a real estate brokerage firm, that happens to have a secret side scheme involving a few rogue employees,” he said. “The people that are overseeing this are overseeing a business that makes unlawful loans and nothing else.”

The most consequential aspect of the settlement plan is the debt relief it would offer an estimated 980,000 people who were LDF customers over seven years — from July 24, 2016, through Oct. 1, 2023. Those who had obtained loans during that period and still owed money would not be subject to any further collection efforts, canceling an estimated $1.4 billion in outstanding debt.

Eligibility for cash awards is dependent on the state where borrowers live and how much they paid in interest. Nevada and Utah have no interest rate restrictions, so borrowers there aren’t entitled to any money back.

The tribal officials who are listed as defendants have agreed to pay $2 million of the $37.4 million cash settlement. The remaining amount would come from nontribal partners involved in five of the tribe’s lending subsidiaries.

That includes $6.5 million from Skytrail Servicing Group and Pruett, a Texas businessman who has been involved in the payday loan industry for more than two decades.

The largest portion of the settlement — $20 million — would come from unnamed “non-tribal individuals and entities” involved with LDF’s Loan at Last, the company that gave Brostek her loan.

The consumer attorneys are not done. They noted in a memorandum in the case that other LDF affiliates who did not settle in this instance “will be sued in a new case.”

How We Estimated the Size and Impact of the Tribal Lending Industry

Because tribal lenders are not licensed by states, there is very little public information about the size of the industry.

Bankruptcies give a rare window into the prevalence of the industry because when people file for bankruptcy, they must list all the creditors they owe money to. Bankruptcies are filed in federal court and are tracked in PACER, the federal courts’ electronic records system. But PACER charges a fee for every document viewed and cannot be comprehensively searched by creditor list, making it impractical to identify every bankruptcy case with a tribal lender.

Instead, we selected a random sample of 10,000 bankruptcy cases using the Federal Judicial Center’s bankruptcy database, which lists every case filed nationwide (but does not include creditor information). We looked at Chapter 7 and Chapter 13 cases — the types used by individuals — filed from October 2020 to September 2023. We then scraped the creditor list for each of these cases from PACER and identified which cases involved tribal lenders.

We ultimately identified 119 cases with LDF companies as creditors — 1.19% of our total sample, the most of any tribe. Extrapolating these figures across all 1.2 million Chapter 7 and Chapter 13 bankruptcy cases during these three years gave an estimated 15,000 cases involving LDF loans during this period (with a 95% confidence interval of +/- 2,600). That comes out to an estimated 4,800 cases per year, on average. Many factors can contribute to bankruptcy, and LDF loans were not the only debts these bankruptcy filers faced. Still, these figures showed that LDF stood out among other tribal lenders and had a substantial presence across bankruptcies nationwide.

We also looked at consumer complaint data that we acquired through public records requests to the Federal Trade Commission, which collects complaints made to various sources including the Better Business Bureau, the Consumer Financial Protection Bureau and the FTC itself. We focused our requests on several categories we found to be related to lending products, such as payday loans and finance company lending. Our tallies are likely an undercount: Complaints against tribal lenders may have fallen under other categories, such as debt collection, though our explorations found this to be less common. We found more than 2,200 complaints about LDF companies since 2019, the most of any tribal lending operation.

We compiled hundreds of tribal lending company and website names that we used to search through the creditor and complaint data. However, due to the ever-shifting industry landscape in which websites often go offline while new ones pop up, it is possible that we did not identify every complaint and bankruptcy involving tribal lenders.Mariam Elba contributed research.

How Wisconsin's extreme politics are fueled by crazy maps

In the northwest corner of Wisconsin, the 73rd Assembly District used to be shaped like a mostly rectangular blob. Then, last year, a new map drawn by Republican lawmakers took effect, and some locals joked that it looked a lot like a Tyrannosaurus rex.

The advent of the “T. rex” precipitated dark times and perhaps extinction for local Democrats.

The new map bit off and spit out a large chunk of Douglas County, which tended to vote Democratic, and added rural swaths of Burnett County, which leans conservative.

The Assembly seat had been held by Democrats for 50 years. But after the district lines were moved, Republican Angie Sapik, who had posted comments disparaging the Black Lives Matter movement and cheered on the Jan. 6 rioters on social media, won the seat in November 2022.

The redrawing of the 73rd District and its implications are emblematic of the extreme gerrymandering that defines Wisconsin — where maps have been drawn in irregular and disconnected shapes over the last two decades, helping Republicans seize and keep sweeping power.

That gerrymandering, which stands out even in a country where the practice is regularly employed by both major parties, fuels Wisconsin power dynamics. And that has drawn national attention because of the potential impact on abortion rights for people across the state and voting policies that could affect the outcome of the next presidential election.

The new maps have given Wisconsin Republicans the leeway to move aggressively on perceived threats to their power. The GOP-controlled Senate recently voted to fire the state’s nonpartisan elections chief, Meagan Wolfe, blaming her for pandemic-era voting rules that they claim helped Joe Biden win the state in 2020. A legal battle over Wolfe’s firing now looms.

The future of a newly elected state supreme court justice, Janet Protasiewicz, also is in doubt. Her election in April shifted the balance of the court to the left and put the Wisconsin maps in peril. Republican leaders have threatened to impeach her if she does not recuse herself from a case that seeks to invalidate the maps drawn by the GOP. They argue that she’s biased because during her campaign she told voters the maps are “rigged.”

“They are rigged, period. Coming right out and saying that. I don’t think you could sell to any reasonable person that the maps are fair,” she said at a January candidates forum.

She added: “I can't ever tell you what I’m going to do on a particular case, but I can tell you my values, and common sense tells you that it’s wrong.”

Given the usually staid campaign statements associated with state-level judicial races, her comments stood out.

But, by any number of measurements made by dispassionate researchers, the maps have, in fact, proven to be extreme.

The Gerrymandering Project at Princeton gives the Wisconsin redistricting an F grade for partisan fairness, finding Republicans have a significant advantage, as do incumbents. “Wisconsin’s legislative maps are among the most extreme partisan ones in the country,” the project’s director, Sam Wang, said in an email to ProPublica.

Wang argues that Wisconsin’s GOP has gone further than most states and engineered “a supermajority gerrymander” in the Senate. Republicans control 22 of 33 Senate seats, giving them the two-thirds required to override a gubernatorial veto. (In the Assembly, the GOP is still two seats short of a supermajority.)

“The resulting supermajority, immune from public opinion, can engage in extreme behavior without paying a price in terms of political power,” Wang warned in a Substack article.

In the two decades before the Republicans configured the maps to their advantage, the state Senate, in particular, was more competitive, and Democrats at times controlled it.

The state’s maps changed dramatically beginning in 2011 when the GOP gained control of the Legislature and Republican Scott Walker became governor. The party redesigned the maps again in 2021, further tweaking the successful 2011 template.

“The current maps, as currently constituted, make it virtually impossible for Democrats to ever achieve majority party status in the legislature,” said Democratic strategist Joe Zepecki of Milwaukee. “Even if they win statewide by like 10 points.”

State politics is now dominated by confrontation and stalemates, with the GOP pushing its agenda and Democratic Gov. Tony Evers regularly wielding his veto power to block Republican initiatives. Unless the maps change or Republicans win the governor’s office, there seems to be no end to this dynamic.

Republicans have argued that it is their right, politically, as the victorious party to craft the maps, and so far the maps have survived legal challenges.

“Our maps were adopted by the Wisconsin Supreme Court because they were legal,” Assembly Speaker Robin Vos said in a statement to ProPublica.

He added: “Republican legislative candidates do well in elections because we have good candidates who listen to their constituencies and earn the votes of Republicans and independents alike.”

Asked at a 2021 Senate hearing whether partisan advantage was the intent of the maps, Vos said: “There is no constitutional prohibition on that criteria, so yes, was partisanship considered as a consideration in the map? Yes, there were certain times that partisanship was.”

Basic goals set by state and federal law govern the drawing of districts. Among them: District lines should be contiguous and compact with equal numbers of people. The boundaries should not, where possible, split counties or municipalities.

But 55 of the 99 districts in the Assembly and 21 of the 33 in the Senate contain “disconnected pieces of territory,” according to the most recent complaint filed with the state Supreme Court by 19 Wisconsin voters. The suit argues that this should not be allowed, even when towns annex noncontiguous areas, creating islands or enclaves in districts.

“Despite the fact that our Assembly and Senate are meant to be the most direct representatives of the people, the gerrymandered maps have divided our communities, preventing fair representation,” said Dan Lenz, staff counsel for Law Forward, which brought the maps suit, in a statement to ProPublica. “This has eroded confidence in our electoral systems, suppressed competitive elections, skewed policy outcomes, and undermined democratic representation."

The Impeachment Question

Protasiewicz’s election came after a hard-fought campaign, with both parties pouring in millions of dollars. Protasiewicz promised to recuse herself from any case brought by the Democratic state party, but not from all cases that might benefit Democrats.

Her victory meant conservatives lost control of the state’s highest court. It gave liberals hope that GOP initiatives, including some dating back to the Walker administration, could be reconsidered.

The court may be called upon to review key voting rules heading into the 2024 presidential election and to decide whether Wolfe keeps her role as administrator of the state elections commission. Also likely to come before the court is whether an 1849 abortion ban, reimposed by the overturning of Roe v. Wade, will stand. This week, after a favorable lower court ruling,Planned Parenthood resumed providing abortion services in the state.

Meanwhile, the possibility of the court striking down the maps, potentially loosening the Republicans’ grip on the legislature, sent the GOP looking for alternate ways to hold on to power.

Republican Sen. Dan Knodl first floated the idea in March of impeaching Protasiewicz — before she had even won.

Months later, after Protasiewicz was sworn in Aug. 1, Vos warned that she risked impeachment if she did not step away from the maps case.

Impeaching a justice who won by more than 200,000 votes, with over 1 million total cast for her, struck many as wildly inappropriate and undemocratic.

The reaction from some Wisconsinites was intense, with Democrats leading the outcry. “To threaten the ability of a duly elected justice who was overwhelmingly elected, functioning in her role, is nothing short of a denial of democracy,” said former U.S. Sen. Russ Feingold, a Democrat from the Madison area who now leads the American Constitution Society, a legal advocacy group.

The state Democratic Party mobilized, launching a $4 million campaign to challenge the prospect of impeachment.

In the face of the backlash, Vos appeared to shift course, briefly. He proposed, in a Sept. 12 press conference, that Wisconsin adopt a system to configure maps based on an “Iowa model,” in which an advisory committee would help the state Legislative Reference Bureau, a nonpartisan government agency, set the boundaries, subject to legislative approval. Without public hearing or Democratic input, the GOP put forth a bill, which passed the Assembly last week, with only one Democrat in favor.

Evers opposed the plan, saying: “A Legislature that has now repeatedly demonstrated that they will not uphold basic tenets of our democracy — and will bully, threaten, or fire on a whim anyone who happens to disagree with them — cannot be trusted to appoint or oversee someone charged with drawing fair maps.”

Vos has made it clear that he is not abandoning impeachment. He announced last week he had assembled a panel of former justices to advise him on criteria for removing Protasiewicz.

Two Protasiewicz voters filed an emergency petition with the Supreme Court last week asking the court to issue an injunction prohibiting the Assembly from impeaching Protasiewicz, or any other justice, without grounds. Protasiewicz recused herself. She told ProPublica she did not wish to comment for this story.

Wisconsin’s constitution allows for impeachment “for corrupt conduct in office, or for crimes and misdemeanors.” Protasiewicz has not been charged with any crime.

If the Assembly impeaches, it would then fall to the Senate to hold a trial and convict, forcing her from office.

If there is a vacancy on the court on or before Dec. 1, Evers would then choose a replacement to serve until the next election in April 2024, coinciding with the GOP primary for president. Evers likely would appoint another liberal-leaning judge.

But there is another scenario posited by political observers. The Senate could simply not take up a vote, leaving Protasiewicz impeached and in limbo. Under the state constitution, she’d be sidelined, unable to carry out her duties until acquitted.

That would leave the court with a 3-3 ideological divide, though conservative Justice Brian Hagedorn at times sides with the liberals.

Timing matters: Under state law, if Protasiewicz is removed or resigns after Dec. 1, Evers could appoint a replacement who would serve until 2031.

The only thing certain about the situation, it seems, is that those state statutes are being studied closely and that compromise on issues such as the district maps, abortion and voting are off the table.

Onions, Memes and Freedom

The dinosaur-shaped 73rd Assembly District was one of three in northwest Wisconsin that the Republicans flipped last year.

Besides Sapik, voters chose Republicans for the neighboring 74th Assembly District and the horseshoe-shaped Senate District 25. In each case, the Democratic incumbents bowed out.

Democrat Janet Bewley, a former state senator who declined to run again in 2022, watched the GOP mapmaking in that corner of the state up close. She said the changes led to small incremental gains for Republicans in various corners of the new maps — a couple dozen votes here and a couple dozen there. But they added up to defeat.

“They went down to the town level, to see how the towns voted,” she said, making it harder for Democrats.

Sapik, who makes a living shipping onions, had never run for public office before. She loved the new maps.

“I’ve said it before, but we really are in the Dinosaur District! I love the way the lines changed and I welcome everyone new into District 73!” Sapik wrote in a Facebook post during her campaign. “Burnett and Washburn counties, you are going to help turn this District red for the first time!”

In a podcast during her primary race in August 2022, Sapik said she decided to run because she opposed business shutdowns during the pandemic and mask mandates.

About the time she submitted her nomination papers, she said, she was interviewed by the state director of Americans for Prosperity, a political nonprofit established by right-wing billionaires Charles and David Koch. Sapik won the group’s endorsement, and it spent about $40,000 advocating for her election, according to FollowTheMoney.org, a nonpartisan initiative that tracks special interest money in politics.

“I’m on that Freedom Train. I want less. I want less laws. And that was the number one reason that AFP likes me so much,” she said on the podcast.

She has vowed to be “a strong, positive voice for my community,” a diverse district that includes farmers, longtime manufacturers and shipbuilders, union members, and outdoors enthusiasts who prize strong environmental protections for Lake Superior. And she has promised to vote against “infringements against personal freedoms,” to promote tourism, and “bring back true American values.”

Sapik declined to speak with ProPublica for this story. In an emailed response to written questions, she sent a so-called “distracted boyfriend” meme and included a label claiming a ProPublica reporter was “writing lies about Wisconsin Republicans.”

The questions included requests for explanations of what’s behind some of her online comments.

Last summer, for instance, Sapik posted a video on Facebook for a campaign fundraising golf event that said: “Let’s get rid of Democracy; everyone in favor raise your hand!”

It elicited confusion among some followers.

“It’s a joke,” Sapik responded at the time.

Republicans sowed distrust over elections — and now they may push out Wisconsin's top elections official

Meagan Wolfe’s tenure as Wisconsin’s election administrator began without controversy.

Members of the bipartisan Wisconsin Elections Commission chose her in 2018, and the state Senate unanimously confirmed her appointment. That was before Wisconsin became a hotbed of conspiracy theories that the 2020 election had been stolen from Donald Trump, before election officials across the country saw their lives upended by threats and half-truths.

Now Wolfe is eligible for a second term, but her reappointment is far from assured. Republican politicians who helped sow the seeds of doubt about Wisconsin election results could determine her fate and reset election dynamics in a state pivotal to the 2024 presidential race. Her travails show that although election denialism has been rejected in the courts and at the polls across the country, it has not completely faded away.

One of the six members of the election commission has already signaled he won’t back Wolfe. That member is Bob Spindell, one of 10 Republicans who in December 2020 met secretly in the Wisconsin Capitol to sign electoral count paperwork purporting to show Trump won the state, when that was not the case.

If retained by a majority of the commissioners, Wolfe would have to be confirmed by the state Senate. But the Wisconsin Legislature is dominated by Republicans who buttressed Trump’s false claims about fraud in the 2020 election. The Senate president has in the past called for Wolfe’s resignation after a dispute over how voting was carried out in nursing homes. Some other senators have registered their opposition to reappointing Wolfe, as well.

Republicans and Democrats have fought to a power stalemate in Wisconsin in recent months. Voters reelected a Democratic governor in November of last year and this year elected a new Supreme Court justice who tilts the court away from Republican control.

A December 2022 report by three election integrity groups looking at voter suppression efforts nationwide concluded that in Wisconsin the threat of election subversion had eased. “The governor, attorney general, and secretary of state, all of whom reject election denialism, were re-elected in the 2022 midterm election,” they wrote.

Still, the groups warned, Wisconsin continues to be a state to watch, noting “the legislature now has an election subversion-friendly Republican supermajority in the senate and a majority in the assembly.”

“We are in a better place,” attorney Rachel Homer of Protect Democracy said of the national landscape in a recent press conference following an update to that study. “That said, the threat hasn’t passed. It’s just evolved.”

There are fears that the state Senate could refuse to reappoint Wolfe and instead engineer the appointment of a staunch partisan or an election denier, tilting oversight of the state’s voting operations.

“It could be a huge disruption in our elections in Wisconsin,” said Senate Democratic leader Melissa Agard. “If you have someone who has this pulpit using it to spew disinformation and harmful rhetoric, that is terrible.”

As for Wolfe, she mostly only speaks out about election processes and stays out of the political fray.

Through a spokesperson, Wolfe declined to comment in response to ProPublica’s questions. In a public statement issued last week, she said she found it “deeply disappointing that a small minority of lawmakers continue to misrepresent my work, the work of the agency, and that of our local election officials, especially since we have spent the last few years thoughtfully providing facts to debunk inaccurate rumors.

“Lawmakers,” she continued, “should assess my performance on the facts, not on tired, false claims.” The commission created a page on its web site to address rampant misinformation.

Wolfe has maintained the support of many election officials throughout the state.

She has been “a great patriot” for not quitting despite the attacks and for being willing to be reappointed, said the executive director of the Milwaukee Election Commission, Claire Woodall-Vogg. “I think she understands the pressure and understands the peril that the state could face if she’s not in that position.”

A Honeymoon, Then Trouble

The state commission was created in 2016 by Republican state officials unhappy with the independent board of retired judges that then oversaw elections. They created a panel of three Democrats and three Republicans, advised by an administrator with no political ties.

The commission provides education, training and support for the state’s roughly 1,900 municipal and county clerks, who in recent years have faced cybersecurity threats, budget woes, shortages of poll workers and other challenges. The commission also handles complaints, ensures the integrity of statewide election results and maintains Wisconsin’s statewide voter registration database. The administrator manages the staff, advises commissioners and carries out their directives.

At first the newly established commission had someone else at the helm: Michael Haas, who had served the prior agency, the Government Accountability Board, which had investigated GOP Gov. Scott Walker for campaign finance violations. (The state Supreme Court halted the probe in 2015, finding no laws had been broken.) As a result, Haas did not win state Senate confirmation and stepped down.

The six commissioners then unanimously promoted Wolfe, the deputy administrator, to the top post in March 2018. She won unanimous confirmation in May 2019 in the Senate, which then-state Senate majority leader Scott Fitzgerald said looked to her to “restore stability.”

“I met with Ms. Wolfe last week and was impressed with her wide breadth of knowledge regarding elections issues,” Fitzgerald, now a U.S. representative, said at the time. “Her experience with security and technology issues, as well as her relationships with municipal clerks all over the state, will serve the commission well.”

The bliss did not last.

Wisconsin was one of the first states to put on an election following the start of the pandemic in 2020, amid lockdowns, fear and uncertainty. The primary that April was chaotic, with legal fights over whether to even hold the contest. Local officials closed some polling places. There were long lines in Milwaukee, Green Bay and elsewhere. The governor deployed the state National Guard to assist, and mail-in voting soared.

Later in the year, after it became clear that Trump had lost Wisconsin to Joe Biden in the election the previous November, state Republicans blasted the elections commission for accommodations made during the pandemic, such as the wider use of ballot drop boxes and unmonitored voting in nursing homes. Critics claimed the moves increased the likelihood of fraud and tainted the election.

U.S. Sen. Ron Johnson, R-Wisconsin, proposed dissolving the commission and transferring its duties to the GOP-controlled Legislature. Talk of that ended with the reelection last year of Democratic Gov. Tony Evers. The Legislature would need his approval to disband the commission.

“What’s happened over the last six years, in particular since the Trump years, is there’s been a systematic attempt to undermine the work of the Wisconsin Elections Commission,” said Jay Heck, executive director of Common Cause in Wisconsin. “Because it’s apparently not as responsive in a partisan way to the Republicans as they would like.”

Wolfe became a target. Many Republicans accused her of facilitating the awarding of private pandemic-related grants to election clerks that those critics claimed fostered turnout in Democratic areas, though the money was widely distributed.

They also criticized Wolfe for allowing the commission to vote in June 2020 to send absentee ballots to nursing homes during the health emergency rather than have special poll workers visit to assist residents and guard against fraud. Republicans discovered that some mentally impaired people in the facilities who were ineligible to vote cast ballots in Nov. 2020, though the numbers were small and not enough to change the election results. Municipal clerks had received only 23 written complaints of alleged voter fraud of any type in the presidential election, the state’s nonpartisan Legislative Audit Bureau found.

Wolfe was the target of lawsuits and insults. Michael Gableman, a former state Supreme Court justice and Trump supporter tapped by the Assembly Speaker to lead a 2020 election investigation, mocked her attire: “Black dress, white pearls — I’ve seen the act, I’ve seen the show.”

One conservative grassroots group, H.O.T. Government, has been sending out email blasts urging Wolfe’s ouster, referring to her as the “Wolfe of State Street.”

Wolfe does have champions, but they are not as vocal as her critics. “I think she’s done an outstanding job with running the Wisconsin Elections Commission here,” said Cindi Gamb, deputy clerk-treasurer of the Village of Kohler. “She’s been very communicative with us clerks.”

Gamb is the first vice president of the Wisconsin Municipal Clerks Association, but she said the group’s rules bar it from making endorsements.

Dane County Clerk Scott McDonell finds the assaults on the once-obscure bureaucrat troubling. “What has Meagan done to deserve the abuse she's gotten?” he said. “Nothing.”

Wolfe did receive the support of 50 election officials nationwide who called her “one of the most highly-skilled election administrators in the country” in a 2021 letter to the Wisconsin Assembly speaker. Wolfe is a past president of the National Association of State Election Directors.

And she has had the backing of a bipartisan business group that in February of last year sent a letter of appreciation to her and the commission. “Although the 2020 elections were among the most successful in American history thanks to your efforts, we recognize election administrators nationwide are facing increasing unwarranted threats and harassment. We hereby offer our sincere gratitude and full support,” said the letter from Wisconsin Business Leaders for Democracy.

The 22 signers included the president of the Milwaukee Bucks, the former CEO of Harley-Davidson and two top members of the Florsheim shoemaker family.

An Undecided Fate

Wolfe’s term expires July 1.

To avoid a showdown, some legal experts are exploring whether the commission could take no action and just allow Wolfe to continue past June 30, according to the Milwaukee Journal Sentinel. They’ve pointed to the example of Fred Prehn, a dentist appointed to the state Natural Resources Board who refused to leave after his term expired in May 2021, preserving GOP control over the board.

The state Supreme Court ruled last year that Prehn had lawfully retained his position, finding that the expiration of a term does not create a vacancy. And because there was no vacancy, the governor could not make a new appointment unless he removed Prehn “for cause.” Prehn ultimately resigned last Dec. 30.

That scenario now is unlikely. Commission chair Don Millis, a Republican attorney, told ProPublica Wednesday that “there will be a vote” in the near future to consider the appointment of an administrator.

“If someone didn’t think we should have a vote, and we should rely on the Supreme Court decision in the Prehn case, they could move to adjourn,” he said, but added: “I’m not excited about that. To me it would be avoiding our responsibility if we didn’t act.”

Millis declined to say if he would back Wolfe but said he feared that if the commission did not take a vote “that would only add fuel to the fire of the conspiracy theories that we get hit with.”

He warned, “If we decide no vote is required and Meagan Wolfe keeps her position after July 1, I can guarantee you we’ll be sued and the courts will decide.”

Arguing that Wolfe does not have the confidence of Republicans, Spindell said, “I did tell her that I’m not going to vote for her.” He stressed, however, that he thought she was unfairly blamed for long-standing policies set by the commission.

In a letter Wednesday to clerks statewide, Wolfe acknowledged that “my role here is at risk” but said she preferred that the Legislature act quickly to confirm someone, even if it isn’t her. Still, she made it clear she considers herself the best choice to serve the commission. “It is a fact that if I am not selected for this role, Wisconsin would have a less experienced administrator at the helm,” she wrote.

And she also made clear what she thinks is driving the questions about her future, writing that “enough legislators have fallen prey to false information about my work and the work of this agency that my role here is at risk.”

If the commission does vote on Wolfe, Agard said, she expects Wolfe will secure at least one Republican vote, moving her nomination on to the Senate — and what could be a hostile environment.

Senate President Chris Kapenga, a Trump loyalist, told the Associated Press this week that “there’s no way” Wolfe will be re-confirmed by the Senate. “I will do everything I can to keep her from being reappointed,” he said. “I would be extremely surprised if she had any votes in the caucus.”

In the Senate, the matter could first be considered by the Committee on Shared Revenue, Elections and Consumer Protection — chaired by GOP Sen. Dan Knodl. In the weeks after the 2020 election, Knodl signed on to a letter calling on Vice President Mike Pence to delay certifying the results on Jan. 6.

Spindell already is envisioning a future without Wolfe. He said there is talk of conducting a national search for a new administrator, but Millis said there doesn’t appear to be an appetite among the commissioners for this approach. He noted the commission is pressed for time: Come July 1, the state will be only about 16 months away from a presidential election.

State law restricts who can be appointed as election administrator. Appointees cannot have been a lobbyist or have served in a partisan state or local office. Nor can they have made a contribution to a candidate for partisan state or local office in the 12 months prior to their employment.

If the position is vacant for 45 days, the Joint Committee on Legislative Organization, chaired by Kapenga and GOP Assembly Speaker Robin Vos, can appoint an interim commissioner.

As for Wolfe, Spindell said: “She’s experienced. She’s been on all the various boards. I’m sure she would have no problem getting a job anywhere else.”

They held down a Black teen who had tried to shoplift. He died from asphyxia. Why was no one ever charged?


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When the clerk at VJ’s Food Mart confronted Corey Stingley, the 16-year-old handed over his backpack. Inside were six hidden bottles of Smirnoff Ice, worth $12, and the clerk began pulling them out one by one.

Stingley watched, then pivoted and quickly moved toward the door, empty-handed. But there would be no escape for the unarmed teen in the light blue hoodie, ProPublica reported.

Three customers, together weighing 550 pounds, wrestled the 135-pound teen to the floor of the West Allis, Wisconsin, store. They pinned him in a seated position, “his body compressed downward,” according to a police account. One of the men put Stingley in a chokehold, witnesses would later tell investigators.

“Get up, you punk!” that man, a former Marine, reportedly told Stingley when an officer from the police department finally arrived. But the teen didn’t move. He was foaming at the mouth, and his pants and shoes were soaked in urine.

He’d suffered a traumatic brain injury from a loss of oxygen and never regained consciousness. His parents took him off life support two weeks later. The medical examiner ruled Stingley’s death a homicide following his restraint in “a violent struggle with multiple individuals.”

That was more than 10 years ago.

None of the men, all of whom were white, were criminally charged in the incident that killed Stingley, a Black youth. Police arrested Mario Laumann, the man seen holding Stingley in an apparent chokehold, shortly after the incident in December 2012. But the local district attorney declined to prosecute him or the other two men, arguing they were unaware of the harm they were causing.

When a second police review led to a reexamination of the case in 2017, another prosecutor sat on it for more than three years, until a judge demanded a decision. Again, there were no charges.

Prosecutors move on, but fathers don’t. Refusing to accept that the case had been handled justly, Corey Stingley’s dad, Craig, last year convinced a judge to assign a third district attorney to look at what had happened to his son.

That prosecutor, Ismael Ozanne of Dane County, is scheduled to report back to the court on Friday. He could announce whether charges are warranted.

The case has parallels to a recent deadly subway incident in New York City. Both involve chokeholds administered by former Marines on Black males who had not initiated any violence. But unlike in Wisconsin, New York authorities acted within two weeks to file a second-degree manslaughter charge in the case.

While the New York subway incident grabbed national headlines, Corey Stingley’s death — which happened the same day as the Sandy Hook Elementary School shooting in Connecticut — did not gain much notice outside of southeast Wisconsin.

Years later, Craig Stingley tapped an obscure statute dating back to Wisconsin’s frontier days to convince the system to take a fresh look at his son’s death. The law states that if a district attorney refuses to issue a criminal complaint or is unavailable to do so, a private citizen can petition a judge to take up the matter. Today, it’s loosely referred to as a “John Doe” petition, though in this instance there was no doubt who restrained Stingley’s son: Laumann, who has since died, along with two other store patrons named Jesse R. Cole and Robert W. Beringer.

No one is alleging that the men set out to kill Corey Stingley. His father is asking the prosecutor to consider a charge of reckless homicide or even a lesser offense for using extreme force to detain his son.

“He wasn’t trying to harm anyone. He was trying to leave that store,” said Craig Stingley, who thought his son made a youthful mistake. “I believe he was scared.”

“You Guys Killed That Kid”

VJ’s Food Mart is a typical small convenience store, packed with chips, candy, soda, beer, cigarettes and liquor. On Sunday mornings it offers a special deal on hot ham and rolls, a local tradition for an after-church meal. To combat theft, the store is equipped with security cameras.

On Dec. 14, 2012, Thomas Ripley and Anthony Orcholski stopped by the store for beer and snacks. Only a few steps in, they saw that three men had someone firmly pinned on the ground.

Security video shows Ripley and Orcholski pausing next to the pile of people and watching intently. In statements to police they both said they saw Laumann lying on the ground with his arms around Stingley’s neck in a “chokehold.” Beringer had grabbed Stingley's hair, they said; the third man, Cole, had his hands on Stingley’s back.

Ripley told police the teen was not moving and appeared to be limp.

“I don’t think he could breathe,” Ripley would later testify during a special review of the case to determine if there should be charges.

Orcholski told a detective that he was concerned about the teen on the ground and may even have instructed the men to let Stingley go.

A decade later, Orcholski is still bothered by what he saw. “I’m upset,” he told ProPublica. “Three men thought they were going to be heroes that day because a 16-year-old boy was shoplifting. There could have been numerous different ways to restrain him other than choking him to death.”

He added, “It’s common sense: When you squeeze somebody that hard for that long, they’re not going to be alive after it.”

The security video is grainy, and much of the confrontation took place out of view of the cameras.

Authorities had a third witness, though. Troubled by what he’d seen, store customer Michael Farrell felt compelled to go to the West Allis police station that evening and give a statement.

“I felt bad. I’m a dad,” he explained, court records show.

Farrell told police he could see through the store’s glass door that a man with a “crazed look on his face” had someone in a chokehold, very near the entrance. The guy was “squeezing the hell out of this kid and never let up,” he said. Farrell picked Laumann out of a photo lineup. (Farrell and another witness, Ripley, couldn’t be reached for comment for this story.)

Corey Stingley and his dad lived just a couple of blocks from the store, making them one of the few Black families in a predominantly white neighborhood and city on the border of Milwaukee. Comments from the three men who held Stingley down imply that they saw him as an outsider.

Ripley told police that Beringer, 54, held Stingley by the hair and shook the teen’s head a couple of times. “You don’t do that,” he said Beringer scolded Stingley. “We’re all friends and neighbors around here.”

With Stingley subdued, the store clerk held a phone to Beringer’s head so he could talk to a police dispatcher. “We have the perp, three of us have the perp on the ground holding him for you,” Beringer said, according to a transcript of the 911 call.

Police estimated that the men held Stingley down for six to 10 minutes. When Stingley stopped struggling, Cole later told police, “I thought he was faking it.”

He added: “I didn’t know if he was just, you know, playing limp to try and get real strong and pull a quick one, you know.”

When an officer arrived, she handcuffed Stingley with Beringer’s assistance but then realized that he wasn’t breathing and called for help.

Beringer walked outside the market, according to Farrell, only to be confronted by another bystander who said, “You guys killed that kid.”

“We didn’t kill anyone,” Beringer responded.

At nearby Froedtert Hospital, doctors concluded Stingley’s airway had been blocked while he was restrained.

He had petechial hemorrhages — tiny red dots that appear as the result of broken blood vessels — to his eyes, cheeks and mouth. A deputy medical examiner attributed this pattern to “pressure applied to the neck.” There also was a bruise at the front of Stingley’s neck, she testified.

She noted that his asphyxia also could be linked to compression of the chest.

Doctors put Stingley in a medically induced coma, attached him to a ventilator and inserted a feeding tube. As the situation became increasingly hopeless, his family spent Christmas at his bedside. Four days later, his parents made the agonizing decision to take him off life support.

“Mario Did Have a Temper”

In the New York subway case earlier this month, it took less than two weeks for the Manhattan district attorney to charge Daniel Penny, a former Marine, with second-degree manslaughter for the choking death of Jordan Neely, a homeless man who had yelled at other subway passengers. A prosecutor emphasized that Penny continued to choke Neely even after he stopped moving.

Penny’s lawyers have defended his actions by saying he was protecting himself and other passengers. Laumann, in contrast, never claimed Corey Stingley was a danger. But he did dispute that he put his arm around the teen’s throat.

Interviewed by police that night, Laumann, then 56, recalled “just leaning on him.”

Pressed by a detective, Laumann appeared less confident, saying, “A headlock is when you got your arms locked, right? And I didn’t have him locked.” He added: “I had my arm around like this, yeah, but I didn’t have him in a headlock. Unless maybe I did, maybe I — I don’t, no, I, I don’t remember that, no.”

His account conflicted with that of witnesses. And Laumann’s older sibling Michael, also a former Marine, isn’t so sure, either. Chokeholds are a part of basic combat skills, he said, used to restrain a person and take them down.

“That’s the first thing they teach you, not only in boot camp but also in subsequent infantry training. It becomes an automatic restraint, to save your own life,” Michael said. “I’m not saying that Mario did that. Because I don’t know the situation. But all I’m saying is that when you’re in the Marine Corps you’re taught how to save your own life. And to save the lives of your brotherhood. Sometimes it becomes, say, an automatic response.”

Michael Laumann said he and Mario — who died last year at age 65 — seldom talked, and when they did, the store incident never came up.

Mario Laumann, who worked in construction after leaving the Marines, lived about two miles from the store. His family had been dealing with a variety of crises. His wife was battling cancer. She had been arrested four years earlier for driving under influence of prescription medications. She died in 2013.

And, by the time of the encounter with Stingley, Laumann’s youngest son, Nickolas, was serving time in prison for sexual assault of a 15-year-old girl, intimidation of a victim and theft.

Writing online while in prison, Nickolas said his father would “scream at me” for drug use and “whoop my ass.” The police report about Stingley’s death notes that Laumann had been arrested twice for battery, but charges in both cases had been dismissed.

“Mario did have a temper,” another brother, Mennas Laumann, said recently.

The three men who held Stingley down didn’t know each other. Beringer, who lived next door to the food mart, told police he only recognized Laumann as “a neighborhood guy.”

Like Laumann, Beringer had had previous encounters with police. In 1996, Beringer pulled a gun on a Pakistani-born man and told him he hated “fucking Iranians,” according to a police sergeant’s sworn criminal complaint. Beringer pleaded guilty to misdemeanor gun charges and was jailed briefly then put on probation. A judge ordered him to complete a course in violence counseling or anger management and continue with mental health treatment, court records show.

Beringer, who no longer lives in West Allis, declined to talk to ProPublica. He came to the door of his apartment building and when asked to discuss Stingley’s death said, “No, no, see you later,” and closed the door.

The third man to wrestle Stingley to the ground, Cole, was a 25-year-old electrician who lived about a mile from the store. He’d gone there to get cigarettes. The prior year he had pleaded guilty to disorderly conduct, a misdemeanor, for carrying a Glock handgun in the center console of his car and a magazine with 11 hollow-point bullets in the glove box. Cole didn’t respond to ProPublica’s attempts for comment.

In the immediate aftermath of the incident, all three men cooperated with police.

Cole said that as he and the others tried to halt Stingley’s attempt to flee, the teen took a swing at him and landed a punch. He ended up with a black eye.

Asked by police why he restrained the teen, Laumann replied: “Because he’s a thief.”

“He Was My Buddy”

Several days after the struggle, West Allis police arrested Laumann and processed him for second-degree reckless injury. It was up to Milwaukee County District Attorney John Chisholm to decide whether to prosecute him and the other men.

Chisholm eventually arranged for a judicial proceeding where sworn testimony could be heard. There, the three men invoked their Fifth Amendment right against self-incrimination in declining to answer questions. The original witnesses recounted seeing Stingley grabbed around the throat.

Though Farrell said he couldn’t recall telling police that Laumann was “squeezing the hell out of” Stingley, he didn’t back away from his original description of a chokehold.

Months went by with no word on charges. But Craig Stingley, a facilities engineer, couldn’t just sit and wait. He rallied support from politicians in the community and tried to keep the pressure on Chisholm.

Stingley brought state Sen. Lena Taylor to meetings with the prosecutor to discuss the case. They came away discouraged. Taylor got the impression that the case was challenging for prosecutors on many levels. The video was not sharp, for one thing. Taylor also believed that race relations in Milwaukee County fed Chisholm’s concern that a jury might not convict anyone in the case.

At one meeting, Taylor said, she questioned what would have happened if the people involved had been of different races. “They wouldn’t let a group of Black guys do that to a young white guy, without any consequences,” she said.

More than a year after the incident, in January 2014, Chisholm announced he would not bring charges, on the grounds that the men did not intend to injure or kill Stingley and didn’t realize there was a risk to his life or health. “It is clear that the purpose of restraining Corey Stingley was to hold him for police,” Chisholm wrote in a five-page summary of his investigation.

“None of the actors were trained in the proper application of restraint,” he added

Corey’s mother, Alicia Stingley, was stunned. “It’s just mind-boggling to me, just the decision that was made that it was more so because he didn’t think he could win a case or didn’t think what they did was on purpose,” she said. “There were no repercussions for a grown man taking a young child’s life — by choking him.”

For Craig Stingley, it’s inconceivable the men did not know his son was in distress during the prolonged time they held him down. Applied properly, a chokehold “can render an aggressor unconscious in as little as eight to thirteen seconds,” according to a 2015 Marine Corps instructor guide.

Chisholm is still the district attorney. Through an assistant, he declined comment, citing the new review. Among the questions sent by ProPublica to Chisholm was whether he investigated Laumann’s training in restraints as a Marine.

Chisholm’s decision sparked media coverage and community protests. To Craig Stingley, Corey was more than a symbol, he was a cherished son.

“He was my buddy,” Stingley said, describing how he and Corey would watch sports together. A skilled athlete, Corey Stingley was a running back on his high school football team and a member of the diving team. He took advanced placement classes in school and made the National Honor Society at school, his father said. He also worked part-time at an Arby’s.

His social media accounts include references to girls and partying. It also catalogs his love of Batman, the Green Bay Packers and Christmas and shows him gently mocking his friends and family.

“My dad just got texting and he’s experimenting with winky faces,” he wrote in 2012, ending with “#ohlord.”

Craig Stingley and his ex-wife filed a wrongful death suit in 2015 against the three men and the convenience store, which led to a settlement. Records show that Laumann’s homeowners insurance paid $300,000, as did Cole’s. (Beringer didn’t have homeowner’s insurance.) There was no admission of wrongdoing by the defendants. In court filings the three men said their actions were legal and justified, citing self-defense and their need to respond to “an emergency.”

A good portion of the proceeds from the suit went to pay for hospital and funeral costs and lawyer fees, Stingley said.

In the civil suit, an expert forensic pathologist hired by the Stingley family’s lawyer concluded the teen died because his chest was compressed and he was strangled.

“Once his airway became completely obstructed,” Dr. Jeffrey Jentzen of the University of Michigan wrote, “Corey would have experienced severe air hunger, conscious fear, suffering and panic with an impending sense of his own death for a period of 30 seconds to approximately one minute until he was rendered into a fully unconscious state.”

Craig Stingley still obsessed about what had happened and how to revive a criminal case. He relived his son’s death over and over, watching the surveillance video of his last moments frame by frame, looking for something new.

Using a movie maker app on his computer, he slowed the video down and grabbed individual frames. He concluded that Cole initially had his son in a headlock, but that Laumann too had an arm around his neck before bringing him to the ground. That conflicted with Laumann’s statement to police.

Stingley took his findings to the West Allis police, where a detective agreed they’d missed this detail. The department wrote a supplemental report for Chisholm, who asked a judge to appoint a special prosecutor for another look.

Racine District Attorney Patricia Hanson got the case in October 2017. But what followed was more waiting.

Stingley said he called Hanson’s office routinely in the years that followed, but she never met with him. Reached via email recently, Hanson declined to comment.

The case “has not even been assigned a referral or case number after three years in that office,” state Rep. Evan Goyke complained in a December 2020 letter to Milwaukee County Circuit Court Chief Judge Mary Triggiano. “This is unacceptable,” he wrote.

In later correspondence, Triggiano noted Hanson had refused to say when her decision would be forthcoming because in the midst of the pandemic, she had a lot of cases needing attention.

In March 2021, Hanson told the court in a one-page memo that she had reviewed Chisholm’s file and agreed with his earlier decision: “I do not find that criminal charges are appropriate at this time.”

“My Son Got His Humanity Back”

John Doe proceedings allowing citizens to directly ask a court to consider criminal charges date back to 1839, when Wisconsin was still a territory, according to an account in state supreme court records. The law is used infrequently, legal experts said, and rarely successfully.

Petitions have been filed by prisoners, by activists alleging animal cruelty in research experiments and by citizens claiming police misconduct. The efforts typically fail, ProPublica found in reviewing court dockets, news accounts and appellate rulings. In Milwaukee County, Wisconsin’s most populous, there were only 19 such cases in 2020, dockets show, including Stingley’s. None succeeded.

Other states have similar methods of giving citizens a voice, but none are exactly like Wisconsin’s. According to the National Crime Victim Law Institute, six states — Kansas, Nebraska, Nevada, New Mexico, North Dakota and Oklahoma — allow private citizens to gather signatures to petition a judge to convene a grand jury to investigate an alleged crime. In Pennsylvania, individuals can file a criminal complaint with the district attorney; if rejected, they can appeal to the court to ask it to order the district attorney to prosecute.

Milwaukee attorney Scott W. Hansen, who has served as special prosecutor in a John Doe case, is critical of the Wisconsin process. He said it allows citizens to present a one-sided, skewed version of facts to a judge, “without benefit of cross-examination or adverse witnesses.”

The law, however, does state that the citizen’s petition must present facts “that raise a reasonable belief” a crime was committed.

Former state Supreme Court Justice Janine Geske described the John Doe petition as a check and balance on prosecutors by citizens. “If people believe a crime has been committed, and you’ve got prosecutors not living up to their responsibilities, and you think somebody ought to be held accountable, it’s a way to have some judicial review,” she said.

Stingley has known all along that the odds were against him, so turning to a longshot petition didn’t daunt him. Writing to Chief Judge Triggiano in late 2020, he alleged “dereliction and breach of legal duty” by the Milwaukee and Racine county district attorneys to conduct thorough criminal investigations into his son’s death.

Triggiano assigned the case to Judge Milton Childs. He formally appointed Ozanne, the first Black district attorney in Wisconsin, as special prosecutor last July. Ozanne’s inquiry has included reviews of court transcripts and interviews with West Allis police and others.

Craig Stingley was pleased that Ozanne and his staff met with him for several hours to listen to his concerns and to hear about his son.

“When I left that meeting,” Stingley said, “my son got his humanity back.”

Election deniers failed to hand Wisconsin to Trump but have paved the way for future GOP success

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Ever since claims of election fraud arose in 2020, Wisconsin has seen its share of quixotic attempts to taint the presidential results.

A group of phony electors tried to claim the state’s electoral votes for Donald Trump. Wisconsin’s top lawmaker launched a yearlong inquiry led by a lawyer spewing election fraud theories. And its courts heard numerous suits challenging the integrity of the 2020 election and the people administering it.

All those efforts failed, sometimes spectacularly.

But on a more fundamental level, the election deniers succeeded. They helped change the way Election Day will look in 2022 for crucial midterm elections in Wisconsin — and they are creating an even more favorable climate for Trump and Republicans in 2024.

This summer, the conservative majority on the Wisconsin Supreme Court banned most drop boxes for ballots, which had provided another quick and convenient method of voting during the pandemic, rather than relying on the mail. Until a federal judge intervened, the ruling also meant that people with disabilities could not have help delivering their ballots to their municipal clerks.

More recently, in Waukesha County, a judge sided with the Republican Party in a ruling that barred local clerks from fixing even minor errors or omissions — such as a missing ZIP code — on absentee ballot envelopes. The clerks could contact the voter or return the ballot to be corrected. In a state already known for limiting voter access, this was another example of a push toward more controls.

And the Wisconsin Assembly and the Senate, both dominated by Republicans, have passed a raft of bills that would tighten voting laws. Each was vetoed by Gov. Tony Evers, a Democrat. But Evers is in a close race for reelection against Republican Tim Michels, who has said that “on day one” he will call a special session of the Legislature to “fix the election mess.”

Philip Rocco, associate professor of political science at Marquette University in Milwaukee, describes a dynamic he has seen across the country playing out on a large scale in Wisconsin. An onslaught of attacks on the voting process, he said, produces “an atmosphere of procedural chaos going into Election Day.”

“Just in general, it’s created a dangerous environment for elections to occur in.”

Republicans, who often benefit from lower turnout, frame the battles around issues of law, while Democrats argue that the fight is over voting rights. Neither side sees any benefit in giving in.

The seemingly daily news of legal machinations, legislative committee hearings, proposed laws or official investigations of Wisconsin’s election system have left many voters worried about what to expect when they next try to cast a ballot and unsure of whether their vote will count.

A swing state with 10 electoral votes and a history of razor-thin margins, Wisconsin will once again be a key prize in the 2024 presidential race.

Just how important the state is became clear in August, when the Republican National Committee announced that it will hold its 2024 convention in Milwaukee, a typically overlooked, Democratic-led city. The convention will saturate the state’s largest media market, reaching the conservative-leaning suburbs and the quiet towns and farms beyond.

But first comes November’s midterm election, with a chance to consolidate Republican power in the state and shape oversight of coming elections. Both ends of the political spectrum are keenly aware of the stakes.

“What can happen in 2024 is largely going to be determined by what happens this November,” said Wisconsin attorney Jeffrey Mandell, president of a progressive firm dedicated to protecting voting rights.

Endless Legal Battles

Nine attorneys, a parade of dark suits and briefcases, descended on a Waukesha County courtroom in southeast Wisconsin in September. Once again, the extreme minutiae of Wisconsin election law was being litigated.

The question before them: how to deal with absentee ballot envelopes that arrive with only partial addresses of witnesses?

Until then, municipal clerks had been able to simply fill in the information. Now, the Republican Party of Waukesha County argued that was unlawful and wanted to prohibit clerks from doing so. For some voters, that could mean having their ballots returned and figuring out how to fix them in time to have their vote counted.

A lawyer for the GOP-controlled Legislature favored a prohibition. Lawyers for government regulators, Democrats and the League of Women Voters argued against it. Ultimately, the GOP side prevailed.

In his ruling, Circuit Judge Michael J. Aprahamian added his voice to the doubts about absentee voting in Wisconsin and about the oversight provided by the bipartisan Wisconsin Elections Commission, which has seen its every move scrutinized since Trump and his allies started questioning the 2020 results in Wisconsin.

Aprahamian excoriated the commission, saying that “it is little wonder that proponents from all corners of the political spectrum are critical, cynical and suspicious of how elections are managed and overseen.”

As court scenes like these play out elsewhere in Wisconsin, a healthy slice of the litigation can be traced to one man: Erick Kaardal, a Minnesota lawyer and special counsel to the anti-abortion Thomas More Society, a nonprofit law firm.

Despite some high-profile setbacks in Wisconsin, Kaardal told ProPublica he plans to keep scrutinizing the fine points of Wisconsin election law, a subject that takes up at least 122 pages in state statute.

His ongoing targets include the Wisconsin Elections Commission, which interprets laws and gives guidance to municipal clerks around the state; the Electronic Registration Information Center, a voter roll management consortium; and the Center for Election Innovation & Research, a progressive nonprofit that seeks to improve turnout.

“We’ll be litigating with the WEC and ERIC and CEIR for years to come,” Kaardal said.

Kaardal’s persistence is not appreciated by everyone. A federal judge admonished him for “political grandstanding” and filing bad-faith litigation against then-Vice President Mike Pence in December 2020 to prevent the counting of electoral votes. And in May, a judge in Madison said it was “ridiculous” for Kaardal to label pandemic-related grants to election offices as bribes.

In defending his tactics, Kaardal cited his years of legal experience and investigative abilities. He said he merely wants to hold government accountable and make elections fair.

Among Kaardal’s most passionate causes is his ongoing effort to document election fraud at nursing homes. During the pandemic, Kaardal alleges, an unknown number of cognitively impaired people ruled incompetent to vote under court-ordered guardianships somehow voted, perhaps with illegal assistance. He believes the voter rolls are not being updated to accurately reflect the court orders.

Kaardal brought lawsuits against 13 probate administrators across Wisconsin to force the release of confidential documents revealing the names of individuals under guardianship who have had their right to vote stripped by the court. His petition was denied in one case, but the others are ongoing.

Dane County Clerk of Court Carlo Esqueda worries that Kaardal’s quest is giving people the wrong impression. He points out that a person under guardianship can still vote. In some instances, that right is taken away because of extreme cognitive issues.

“Talk radio is saying everybody under guardianship should not be able to vote. That’s simply not true,” he said.

Election clerks, too, cite disinformation as they face mounting pressure over how they handle absentee ballots.

Celestine Jeffreys, the clerk in Green Bay, was forced to defend her integrity when a local resident represented by Kaardal filed a formal complaint with the Wisconsin Elections Commission this year, accusing her of “ballot harvesting” in the spring 2022 municipal elections by accepting multiple absentee ballots from an individual voter. The complaint is still pending.

Matt Roeser, the resident who filed the complaint, told ProPublica that the heavy reliance on absentee voting during the pandemic “opened up a door we’ve never had opened before. It created a lot of suspicion.”

Jeffreys said in a court filing that she had the discretion at the time to accept multiple ballots if they involved someone delivering their own ballot and a ballot for a disabled person.

Her legal brief called the complaint “another attempt by Attorney Kaardal to court scandal where there is none — intentionally undermining public confidence in legitimately-run elections in the process.”

Energized Activists

Wisconsin resident Harry Wait drew national attention in July when he announced that he’d gone on a state website and arranged for absentee ballots in the names of the Racine mayor, the state Assembly speaker and several others to be sent to his home.

The site requires only that voters enter their name and date of birth, and Wait claimed it had insufficient safeguards to prevent fraud.

The antic angered the Wisconsin Elections Commission, which held that it was a serious breach meant to undermine the state’s election system. Authorities charged Wait with election fraud, a misdemeanor, and misappropriation of ID information, a felony.

Notwithstanding the charges, Wait was treated like a hero a week later at a meeting of the right-leaning group he leads inside a Racine dive bar.

Wait formed H.O.T. Government, which stands for honest, open, transparent, four years ago over perceived government misconduct in Racine. It’s now focused on rooting out what it sees as widespread election fraud throughout Wisconsin and is taking special interest in absentee ballots. The group even briefly considered a plan to steal leftover drop boxes in southeast Wisconsin to ensure they couldn’t be used after the state Supreme Court ruling.

Wait has made it clear he’s no fan of the Wisconsin Elections Commission. “I’m going to make a declaration today that WEC is our enemy,” he told the crowd inside the bar.

He was proud how, in his view, he had exposed the flaws in the state government’s MyVote website, set up to help Wisconsinites find their polling place, register to vote or order an absentee ballot. The website, he said, “really needs to be shut down.”

Wait said in an interview that he plans to defend his action in court on the basis that, in his view, the MyVote system is “not a legal channel to order a ballot. It’s a rogue system.”

The administrator of the Wisconsin Elections Commission, Meagan Wolfe, has defended the online system. It “requires a person to provide the same information or more information than he or she would have to provide if the person made the ballot request through traditional mail,” she said at a commission meeting.

Still, the commission agreed to a new safeguard: When it gets a request to send an absentee ballot to a new address, it will notify the voter via postcard. The commission also asked clerks to be on the lookout for unusual requests.

At a preliminary hearing on his case, in September, Wait was represented by Michael Gableman, a leading figure among Wisconsin election deniers.

A former state Supreme Court justice, Gableman was special counsel for the Wisconsin Assembly, tasked with investigating the 2020 election. While spending more than $1 million in taxpayer money, he lent oxygen to election-fraud theories — including Kaardal’s accusations about nursing home irregularities — but couldn’t prove any. Attempts to reach Gableman for comment for this story were unsuccessful.

Even after being dismissed from that role by the Assembly speaker, Gableman has continued to exert influence within the state Republican Party to stoke the anger of citizens. Among hard-right activists, Gableman’s view of Wisconsin as a hotbed of election fraud is now taken for granted, as is the belief that voting options should be restricted, not opened up.

“I want it back to in-person, one day,” said Bruce L. Boll, a volunteer with We the People Waukesha, one of numerous groups supporting tighter controls. “Voting should not be a whim. It should be something you plan for and you do. Like your wedding day.”

Responding to this new atmosphere of distrust, the Wisconsin Elections Commission has proposed creating an Office of Inspector General to help it investigate the growing number of complaints and allegations of impropriety.

Chaos and Controversy

The chaos and controversy around voting rules has caught some Wisconsinites off guard. The drop-box ruling was especially disconcerting to people with disabilities and their relatives.

Before the August primary, Eugene Wojciechowski, of West Allis, went to City Hall to pay his water bill and drop off his ballot and his wife’s at the clerk’s office. A staffer asked him for ID and then told him he could not deliver his wife’s ballot. Not even spouses of the disabled could do so at the time, thanks to the state Supreme Court decision.

“I said: ‘What do you mean? She’s in a wheelchair,’” Wojciechowski recalled. He noted that the ballots were “all sealed and witnessed and everything.”

The voting constraints were “stupid,” he said, but ultimately he decided he would just mail his wife’s ballot for her, even though it was unclear at the time whether that was permitted.

He has filed an official complaint with the Wisconsin Elections Commission and weeks later remains exasperated.

“I mean, what the hell is going on in this city? I’ve lived here all my life,” Wojciechowski said.

“They’re stopping people from voting, that’s all it is.”

The state Supreme Court decision came in response to a suit brought by a conservative group, the Wisconsin Institute for Law & Liberty. An attorney for the group, Rick Esenberg, argued that regulators had issued unlawful guidance allowing ballots to be delivered on behalf of others, including potentially “paid activists, paid canvassers who go around and collect ballots and place them in a mailbox.” Those allegations echoed a widely circulated conspiracy theory about people, labeled mules, delivering heaps of fraudulent ballots.

Esenberg conceded in his oral arguments that he had no evidence of that type of activity in Wisconsin.

Four people with disabilities sued in federal court, including Martha Chambers, of Milwaukee, who was left paralyzed from the neck down after being thrown from a horse 27 years ago.

“Here they are making things more difficult for me, and my life is difficult enough,” she said.

A federal judge ruled in favor of the plaintiffs and ordered the state elections commission to tell local clerks that voters with disabilities must be allowed to receive help from someone of their choosing to return their absentee ballots. The clerks do not have to confirm that the voter is disabled or ask the emissary for ID.

Still, it’s not at all certain that the ruling will be followed uniformly.

The state has approximately 1,850 local clerks who administer elections in cities, towns and villages. Even before the federal ruling, practices were wildly inconsistent, said Barbara Beckert, director of external advocacy for Disability Rights Wisconsin.

“There is continuing confusion in Wisconsin as voting practices and policies continue to change in response to litigation as well as action by the Legislature,” Beckert said.

Political observers say there’s increased trepidation among all kinds of voters over whether their ballot will count and who will be watching at the polls.

“People are afraid,” said Milwaukee native Bruce Colburn, a union activist and lead organizer of Souls to the Polls, a traditional get-out-the-vote drive in Black communities. “Are they going to do something wrong? Then you have all these lawyers and people making complaints in the court system for nothing. And it makes it more difficult. It scares people. If they get something wrong or they don’t do it exactly right, something’s going to happen to them.”

Jeffreys, the clerk in Green Bay, described poll watchers on primary day this year as “aggressive and interfering.” Rather than being cordial and unobtrusive, she said, some observers were repeatedly questioning voting officials and disrupting the process.

“That, I think, is a really big change with elections in Wisconsin. There’s just a lot more of a gaze, and the gaze is not always friendly and cooperative.”

Unlike poll workers, who carry out official duties and must be local residents, poll watchers can come from anywhere. They are not required to undergo training.

“Observers are a very important part of the process,” Jeffreys said. “They lend transparency; they help educate people. They themselves become educated. But sometimes observers have anointed themselves as the people who will uncover problems. And oftentimes observers are not equipped with the information in order to do that.”

The result, she said, can be baseless allegations.

Pointing Toward 2024

If Republicans in Wisconsin want to find a way around the Democratic governor, Evers, and his veto pen, they have two choices.

They can unseat him in November or bulk up their legislative advantage to what is called a supermajority. Achieving supermajorities in both the Assembly and the Senate, which would make bills veto-proof, is considered the longer shot. Winning the governor’s race is not.

Michels, the Republican nominee, is the owner of a construction company and has never held public office. He was endorsed by Trump in the primary.

Michels has embraced the idea that the 2020 election was not run fairly, even though a state recount showed Biden won and multiple courts agreed. Asked if the 2020 election was stolen, Michels told the “Regular Joe Show” on the radio in May: “Maybe, right. We know there was certainly a lot of bad stuff that happened. There were certainly illegal legal ballots. How many? I don’t know if Justice Gableman knows. I don’t know if anybody knows. We got to make sure. I will make sure it doesn’t happen again.”

A Michels victory would set the stage for reconsideration of a range of restrictive voting laws that were vetoed by Evers.

Among the bills passed by Republicans and blocked by Evers were proposals that would require the state to use federal databases to check citizenship status; remove voters from the rolls based on information submitted for jury selection; make it harder to request an absentee ballot; and classify it a felony to incorrectly attest that a person is “indefinitely confined” so they can vote absentee (a provision widely used during the pandemic).

Wisconsin already is a place that researchers have identified as difficult for voters to navigate. The Cost of Voting Index, a Northern Illinois University project that studies each state, lists it near the bottom, at 47th, because of a strict voter ID law, limits on early voting and proof of residency requirements that affect registration drives.

“Over the last several election cycles, other states have adopted policies that remove barriers to voting,” one of the researchers, Michael J. Pomante II, now with the election protection group States United Action, said in an email.

But Wisconsin, he added, “has continued to pass and implement laws that create barriers to casting a ballot.”

In 2024, all these factors — from who is able to vote to who runs the executive branch and who runs the Legislature — will play a role in determining which presidential candidate gets Wisconsin’s electoral votes.

The governor and the Wisconsin Elections Commission are part of the state’s certification process, with the secretary of state making it official by affixing the state seal. And the state Supreme Court stands ready to rule on election law disputes.

The Nov. 8 midterm election will determine which party holds the office of governor and secretary of state when voting occurs in 2024. Michels has proposed a “full reorganization” of the Wisconsin Elections Commission if he is elected.

He hasn’t explained what that would look like, other than to say in a primary debate that he envisioned replacing it with a board made up of appointees named by each of the state’s congressional districts. Wisconsin now has eight seats in the U.S. House, five held by Republicans and three by Democrats.

Evers, by contrast, backs the commission in its current form. He noted its origins in the state’s Legislature seven years ago.

“Republicans created this system, and it works,” he said in a statement released to ProPublica. “Our last election was fair and secure, as was proven by a recount, our law enforcement agencies, and the courts.”

Republicans turn against the League of Women Voters

For decades, the League of Women Voters played a vital but largely practical role in American politics: tending to the information needs of voters by hosting debates and conducting candidate surveys. While it wouldn’t endorse specific politicians, it quietly supported progressive causes.

The group was known for clipboards, not confrontation; for being respected, not reviled.

But those quiet days are now over, a casualty of the volatile political climate of the last few years and the league’s goal of being relevant to a new generation.

In 2018, the league’s CEO was arrested, along with hundreds of other protesters, for crowding a Senate office building to demand lawmakers reject Supreme Court nominee Brett Kavanaugh, a conservative accused of sexual harassment.

Two years later, the league dissolved its chapter in Nevada after the state president penned an op-ed in July 2020 accusing the Democrats of hypocrisy for opposing gerrymandering in red states while “harassing” the league in Nevada over its activism on the issue.

And two days after the Jan. 6, 2021, attack on the Capitol, the league’s board of directors called then-President Donald Trump a “tyrannical despot” and blamed him for inciting the violence and for threatening democracy. The league demanded his removal from office “via any legal means.”

As a result, the league is calling attention to itself and drawing criticism in ways that are extraordinary for the once-staid group. Republicans are increasingly pushing back hard against the league, casting it as a collection of angry leftists rather than friendly do-gooders.

And with more right-leaning candidates snubbing the league, voters are less likely to hear directly from those candidates in unscripted and unfiltered forums where their views can receive greater visibility and scrutiny. That pushback sidelines the league at a time when misinformation has become a significant force in elections at every level.

“The League of Women Voters, while that sounds like a nice organization, they don’t do a lot of nice work,” Catalina Lauf, a Republican candidate for Congress in Illinois, said in a video posted in May on Instagram, explaining her reasoning for refusing to participate in a league-sponsored debate.

The league, she claimed, “peddles Marxist ideology” and is “anti-American.” In an interview with ProPublica, Lauf cited the league’s support for the rights of transgender student athletes as one reason she is suspicous of the group. She also claimed the league has endorsed the defunding of police departments, though that is inaccurate. The league has, however, taken stands in favor of sweeping police reforms that would address brutality and racial profiling.

“They need to switch their brand fast,” Lauf said. “Because their hyperpartisanship is turning off a lot of women who just want common sense.”

Conservative candidates for school board and county supervisor in Wisconsin have fired similar broadsides when declining to participate in league debates. And in Pennsylvania this year, only 30% of Republican candidates completed the league’s VOTE411.org informational guide for the primaries, compared with 70% of Democrats, according to the League of Women Voters of Pennsylvania. The guide gives voters the candidates’ unedited answers to questions about their qualifications, priorities and stances on certain issues.

Elsewhere, Republican-led policies make it harder for groups like the league to add people to the voting rolls. In Kansas, because of a change in law, the league no longer registers voters — a task that has long been central to its mission.

Under its bylaws, the league does not endorse candidates. And by policy, board members can’t run for or hold any partisan elected office. Nor can they chair a political campaign, or fundraise or actively work for any candidate for a partisan office.

Just as its founders were crusaders, however, the league itself is outspoken on a multitude of issues, including supporting universal health care, abortion rights, affordable child care and clean water. The league has pushed for gun control measures since 1990. And it has been a strong voice nationally for campaign finance reform. In some communities, the league has even weighed in on zoning decisions.

Its viewpoints have long branded the league as a progressive organization. “They’re very fine, but they tend to be a little bit liberal,” the late Sen. Bob Dole, a Republican from Kansas, said of the league during a televised 1976 vice presidential debate in Houston.

Those liberal leanings have been harder to ignore in recent years, forcing the league to defend itself against claims of partisanship.

After its CEO was arrested at the Kavanaugh protest in 2018, the league admitted in a statement that openly opposing a Supreme Court nominee was “an extraordinary step for the League,” but said it believed the action was warranted.

“This situation is too important to sit silently while the independence of our judiciary is threatened.” CEO Virginia Kase Solomón closed her legal case by paying a $50 fine.

The league’s chief communications officer, Sarah Courtney, told ProPublica in a written statement: “Organizations always need to change with the times and current events in order to stay relevant.”

She noted: “The League has been a force in American democracy for more than a century, and we expect to be around in another hundred years. We haven’t gotten this far by doing things the same way we did them in 1920.”

UCLA professor Richard L. Hasen, an election law expert, said that while it’s clear that the league has been more aggressive in taking on controversial issues, it’s the group’s core mission that puts it at odds with some politicians. Supporting voting rights, he said, can be seen as an attack on the Republican Party, which has pushed for laws that make it more difficult to register and to vote. (Republicans say they are doing so to protect the integrity of elections, though there is no evidence of any widespread voter fraud.)

“It’s hard to be seen as neutral when you have the political parties dividing over questions like voting rights,” said Hasen, who directs the law school’s Safeguarding Democracy Project, which is aimed at researching election integrity.

To Hasen, the league’s evolution is notable. “Generally, there’s kind of a caricature of the league as kind of a group of old women coming together for tea,” he said. “Whereas, I think the league has become much more of a powerhouse in terms of advocating for strong voting rights.”

“Dare to Fight”

It took women more than 70 years of agitating, organizing and marching to convince men to give them the right to vote in 1920. Once the 19th Amendment was ratified, these activist women were wary of the political parties, which wanted their votes but not necessarily their input.

“Women in the parties must be more independent than men,” the league’s founder, suffragist Carrie Chapman Catt, wrote, according to papers kept by the Library of Congress. “They must dare to fight for what they believe is right.”

Catt worried that some women would come to believe that all virtue or all wisdom was held by the party, paralyzing their judgment.

The league, which was formed the same year women nationwide were finally granted the right to vote, dedicated itself not to political parties, or the men running them, but to specific causes. One cause helped forge its identity: educating league members and other voters at election time.

Its first political agenda was long, numbering 69 items, and was called a “kettle of eels” by the league’s own president. Many of those items, such as child welfare and access to quality education, have remained league priorities for decades — as has its commitment to voter education. In 2018 and 2020, the league and ProPublica worked together to produce a guide sharing basic, nonpartisan information to help citizens choose among candidates and obtain ballots.

For nearly a century, the league itself seemed to change little, but by 2018 it found itself at a crossroads.

Leadership hired consultants and began to look for ways to reach disillusioned voters, combat misinformation in elections and effectively respond to society’s escalating racial issues, including the disenfranchisement of people of color.

“Although it remains a trusted household name, many stakeholders cannot describe clearly the purpose of the organization and are unclear about its relevance,” a league consultant wrote in a 2018 report. “The membership is much older and whiter than the population at large, and League membership has steadily declined by almost a third over the past few decades.”

Membership plunged from 72,657 in 1994 to 53,284 in 2017, according to the report. (It has since climbed back up to over 70,000, the league said.)

The organization also faced greater competition. Dozens of new nonprofits had emerged to protect voting rights, including Indivisible, NextGen America, Color of Change and Hip Hop Caucus.

According to the consultant’s report, league members long knew that its homogenous membership limited its effectiveness and its appeal to a broader audience. So, in the midst of the Black Lives Matter movement, the league issued a formal mea culpa.

In an August 2018 blog post, the league’s president and its CEO admitted that “our organization was not welcoming to women of color through most of our existence” and vowed to build “a stronger, more inclusive democracy.” Many of the early suffragists were also abolitionists, but after the Civil War, they were divided over whether to support the 15th Amendment, which at the time gave Black men, but not women, the right to vote. The fissure persisted for decades and had lasting consequences for the league.

“Even during the Civil Rights movement, the League was not as present as we should have been,” the post said. “While activists risked life and limb to register black voters in the South, the League’s work and our leaders were late in joining to help protect all voters at the polls.”

In recent years, the league has been more visible in advocating for racial equity and fairness. It particularly focused on reducing barriers to voting in marginalized communities. The league has fought, for instance, against reductions in the number of polling places or voting hours in minority communities.

After a Minneapolis police officer murdered George Floyd by kneeling on the Black man’s neck in May 2020, the league announced the next month that it would strongly push for reforms in the justice system, including changes aimed at preventing excessive force and brutality by law enforcement.

“The League of Women Voters of Minneapolis is not your grandmother’s League,” Anita Newhouse, the city chapter’s league president at the time, wrote in the MinnPost, a nonprofit news outlet, in August 2020. “We are still the nonpartisan education and advocacy group committed to empowering voters, but with a commitment to identifying racism and dismantling policies that suppress non-white votes.”

Advocates, Progressives or Democrats?

Even within the league, not everyone feels the group applies its principles evenly.

For five years, Sondra Cosgrove, a College of Southern Nevada history professor specializing in multicultural issues, ran the league in Nevada as it took on issues such as gerrymandering.

But she’s no longer part of the organization, and she wonders whether that’s because she was not always clearly in the Democrats’ corner.

In 2019, the league launched a 50-state Fair Maps strategy to combat racial and political gerrymandering. As league president in Nevada, Cosgrove began pushing for a ballot initiative that would create an independent commission to draw legislative district boundaries. The move would have taken power away from the Democrats, who controlled the statehouse and the governor’s office.

Cosgrove soon found the league’s ballot initiative challenged unsuccessfully in court by a Black activist and, later, by the Democratic governor, who did not allow petition signatures to be collected electronically during the pandemic.

About a week after her July 2020 op-ed accusing the Democrats of hypocrisy and “harassing” the league in Nevada, officials from the national league office emailed Cosgrove, instructing her to “stop making public statements online and in the media accusing the Democratic party of attacking the League of Women Voters.” The officials clarified that their position would be no different if Cosgrove was criticizing Republicans.

Cosgrove, however, said she told the league’s national office she wouldn’t seek its input on public statements. The league dissolved the state chapter not long afterward, in December 2020. Cosgrove and others quit the national organization and now are with another voting group.

“There was always the feeling the league was run by the Democrats,” said former Nevada league Treasurer Ann Marie Smith. “We tried to fight that to a large degree, but in my opinion the national league has gone down that road much further than they should have.”

Executives in the league’s national organization told ProPublica that the decision to shut down the state chapter was not an easy one and was made “after multiple attempts to resolve policy violations” that went beyond just the clash with the governor.

“Ultimately, the board had no choice but to disband the Nevada league to protect the entire organization,” Courtney, the league spokesperson, said. “Our northern Nevada local league has remained active with a dedicated group of members who are committed to rebuilding the league’s presence in the state.”

The league does sometimes call out Democrats.

In late July of this year, the league released an update on its Fair Maps initiative, saying it had organized public hearings in 24 states, used apps and software to test draw fairer maps in 38 states, and joined 11 state lawsuits and six federal cases challenging maps in California, Florida, Georgia, Maryland, Michigan, New York, Ohio, Pennsylvania, Texas, Utah and Wisconsin. Two of those states feature Democrats in control of the state legislative chambers and the governor’s office. Five of them have Republican control. In the rest, control is split.

But, going forward, the league may find it more difficult to do the work it’s always done.

The league chapter in Mountain Lakes, New Jersey, for instance, has faced what one member there called sustained opposition in recent years.

Complaints from a parent, who is also a Republican on the borough council, derailed the league’s annual Running and Winning high school program in 2019, which was to feature female speakers from both parties as a way to encourage young women to pursue careers in politics. The parent argued that the league had a political agenda and was excluding high school boys and male politicians.

Ultimately, the school district canceled the event.

Political tensions only got worse in the months that followed. When the newly created Laker Republican Club emailed an unsolicited mass membership appeal throughout the community, a league board member replied with an email questioning the morals, courage and patriotism of Trump and his supporters. The league defended her, saying she was speaking as a private citizen and she did not reference her role with the league.

Local Republicans running for borough council responded by refusing to participate in league debates in 2020. Former Mountain Lakes Mayor Blair Schleicher Wilson wrote in a local publication that she had been a member of the league for 25 years but now supported the candidates who shunned the league.

Wilson, a Republican, wrote that the local league chapter “has sadly lost their way.” In an interview with ProPublica, she added that she loved being involved with the league but believes it should stick only to voter advocacy. “I always thought their focus should be more on voter services,” she said. “That’s a perfect place for them.”

The chapter lost about 30 members because of the community tensions and is trying to rebuild, said former Mountain Lakes league President Mary Alosio-Joelsson, now the organization’s events leader.

She believes conservatives in Mountain Lakes have changed, not the league. “Many have moved so far to the right that anybody who is walking down the middle of the road looks like they’re on the left,” she said.

The shift in the country’s political climate also has far-reaching implications for what the league considers some of its most essential work. In Kansas, the organization halted registration work a year ago after a measure enacted by a Republican-led legislature made it a felony to engage “in conduct that would cause another person to believe a person ... is an election official.”

The league worried its volunteers could be prosecuted if someone mistakenly believed them to be election officials while registering voters. Douglas County District Attorney Suzanne Valdez, a Democrat, agreed there were problems with the law and said she wouldn’t pursue cases of alleged violations.

“This law criminalizes essential efforts by trusted nonpartisan groups like the League of Women Voters to engage Kansans on participation in accessible, accountable and fair elections,” she said in a statement.

But Kansas Attorney General Derek Schmidt, a Republican, quickly retorted that his office would, indeed, prosecute alleged violators.

The league asked the Kansas Court of Appeals for an injunction that would temporarily prevent the law from being enforced, but the group lost and is now requesting a review from the state Supreme Court.

Despite the setback, Jacqueline Lightcap, co-president of the League of Women Voters of Kansas, said the league intends to continue to work to defend democracy and empower voters. But she said the mission has become harder. Even seeking dialogue with legislators on the ramifications of the registration law is difficult.

“We are not getting much traction,” she said.

A Republican tried to introduce a commonsense gun law -- then the gun lobby got involved

ProPublica is a Pulitzer Prize-winning investigative newsroom. Sign up for The Big Story newsletter to receive stories like this one in your inbox.

Cole Wist was a Republican state House member in Colorado with an A grade from the NRA. Then, in 2018, he supported a red flag law, sponsoring a bill to allow guns to be taken away — temporarily — from people who pose an immediate threat to themselves or others.

Wist lost his seat in the legislature that year in the face of an intense backlash from Rocky Mountain Gun Owners, a gun rights organization in Colorado that boasts it accepts “no compromise” as it battles “the gun grabbers.” The group campaigned against him, distributing flyers and referring to him on social media as “Cole the Mole.”

Wist, an attorney, doesn’t regret trying to enact what he considered a measured response to an epidemic of gun violence in the United States. He acted after a mentally ill man in his Denver suburb killed a sheriff’s deputy. The bill didn’t pass until after Wist was out of office and his successor, Tom Sullivan, shepherded it through. Sullivan is a Democrat who lost his son in the Aurora theater massacre.

Wist left the Republican Party this year, citing the Jan. 6, 2021, insurrection as the reason, and is now unaffiliated with any political party. Days after the slaughter of 19 children and 2 adults in an elementary school in Texas, ProPublica talked to Wist about the challenges ahead as proponents once again work to enact gun reforms.

Colorado is one of 19 states, including Illinois, Florida and Indiana, that have red flag laws, sometimes called extreme risk protection orders. Texas does not. After the Robb Elementary School murders on Tuesday, a bipartisan coalition in the U.S. Senate agreed to negotiate over possible anti-violence measures, including expanding red flag laws.

In Colorado, a spokesperson for the Rocky Mountain Gun Owners called Wist “a sellout” on Friday and said the organization had no choice but to work against him. “At the end of the day, my goal is to hold politicians accountable regardless of whether they’re a Republican or a Democrat,” said RMGO’s Executive Director Taylor Rhodes.

Rhodes called the assault on the elementary school a “massive terrorist attack” but said gun control is not the answer.

“We protect everything in our nation that’s valuable with guns. We protect our banks with guns, courthouses … our homes. We protect them with guns.” The group’s logo includes an image of a firearm that resembles an assault rifle.

This interview with Wist has been edited for length and clarity.

Tell me about why you introduced the legislation in Colorado.

Every time we have an incident like this, people tend to go into their camps. We’ve got some folks who say we should ban certain kinds of guns or expand universal background checks or any other number of policy proposals to try to eliminate guns from society. On the other hand, you have folks who say no, these are mental health issues, this is an indication of a larger mental health crisis in the country. But you know, I don’t really hear a whole lot of policy solutions from those folks. So in an effort to try to pair concerns about mental health and the combination of mental health crisis with access to firearms and weapons, I started investigating extreme risk protection orders and how they’ve been passed in other states. And one of the first states in the country to do this was Indiana. And I don’t think you’d really think that Indiana is a hard left state, by any means. … And ultimately, I decided to sponsor legislation relating to extreme risk protection orders.

When you served in the state legislature, the Republicans controlled the state Senate and Democrats had the House. What was the makeup of your district?

I represented a district that at that time was predominantly Republican. It had historically elected Republican legislators, but it was a suburban district becoming more purple. And, you know, look, when you’re elected to represent a district in the legislature, you’re not just elected by the people that voted for you, you’re elected to represent everyone in the district, and that includes unaffiliated and Democratic voters.

Who opposed you when you ran for reelection in 2018?

So there’s a group called the Rocky Mountain Gun Owners, a very active gun rights organization. They targeted me or targeted my race for campaign activity and actively worked against me. … They put flyers on people’s doors, including my own door, and used their resources to campaign against me.

Are the Rocky Mountain Gun Owners similar to the National Rifle Association?

I think they characterize themselves as being the no-compromise gun rights organization. So I would characterize them as certainly more aggressive on gun rights issues than the NRA, and the NRA is the more well-known organization, the one with more resources. But in Colorado, Rocky Mountain Gun Owners is the gun rights group that seems to have the most sway. They’ve been successful in recalling a couple of legislators here.

Did it seem like they sacrificed your seat to send a message to other lawmakers to stay in line?

I guess that’s a fair interpretation, that you either stay in line and vote the party line on this issue, or they will remove you. And that’s what they did. I mean, there were other factors in play in 2018. That was also the midterm election of Donald Trump’s first term in office or his only term in office. … So there were more issues in play than gun policy. But it was certainly a group that worked against my reelection and didn’t help. … It might have been enough to suppress turnout on the Republican side for me.

What was the reaction from the GOP leadership to your sponsorship of the red flag bill?

I was the assistant minority leader in the state House at that point. There was an effort to strip me of that leadership post. That effort failed. I think there’s some reluctance in Republican circles here to take on groups like the Rocky Mountain Gun Owners for fear of getting primaried, for fear of having them work against you. And I suppose people may look at my experience as being something that deters them from even having conversations. I introduced a bill that was very controversial. In those circles, even being open to conversations about gun policy or gun safety legislation creates risk for folks in Republican circles here. So, if your objective is to stay in office for a long time and continue to get reelected … you don’t cross that line.

In the aftermath of Uvalde, what does your experience suggest about the likelihood of our politicians enacting some measures to prevent future atrocities?

I see some of the same signs happening again, in the aftermath of this event, where everyone sort of retreats to the corners. And some people are calling for banning certain kinds of guns and changing the purchase age for certain kinds of guns. If you try to ban AR-15s, I think that’s a policy solution that some people think is something we should do. I don’t agree with that. We’ve got millions of guns already in the possession of gun owners across the country. How much of an impact are you going to have if you ban certain kinds of guns at this point? I think a better discussion is to talk about why people commit these kinds of violent acts with guns and other weapons. … And so I think red flag laws and legislation that focuses on trying to reduce risk and talking about why these kinds of events happen is the most productive conversation for us to have. Let’s give law enforcement and families tools that they can use.

But one of the things that’s lost in this conversation is that — I’ll talk specifically about Colorado — we have one of the highest suicide rates in the country. We also have one of the highest percentages of gun ownership in the country, and the highest percentage of suicides here are committed by guns. So when folks are going through a severe mental crisis, yes, there’s a risk that they might go commit a homicide, but there’s probably a greater risk that they’re going to hurt themselves. So I think there’s this way of characterizing red flag laws as confiscating guns and trying to hurt someone’s constitutional rights. But instead, I think it’s something that’s being used to help protect that person, to prevent them from harming themselves and prevent them from harming family members.

Can you describe the toll this experience took on you and your family?

I received threats as a result of going through that process. And that was very stressful for my family. I don’t miss that part of public life. And, you know, social media and other things have made being in office very difficult. And folks can say just about anything and do say just about anything. So I can choose to do a couple of things. As a private citizen, I can kind of retreat from this and not talk about it, or try to do what I can to raise awareness and just try to encourage folks to come together. I don’t know that you’re ever going to change everyone’s minds. But we don’t solve problems unless we talk to each other and not talk past each other. And every time we have an incident like what happened in Texas this week, there’s sort of the initial, let’s talk, let’s come together, let’s talk about this. But I’m just amazed at how quickly everyone just sort of retreats to the same old political position. I hope this time is different.

Billionaire-backed group enlists Trump supporters to hunt for voter fraud using discredited techniques

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At a wedding hall in rural northwest Wisconsin, an evangelist hollered a question to an eager crowd of conferencegoers: “Who thinks Wisconsin can be saved?”

He was answered with enthusiastic whistles and cheers. The truth, he said, would be revealed. “We need transparency!”

The subject: the nation’s election systems. The preacher was among a group of conservative speakers, including politicians, data gurus and former military officers, who theorized on the mechanics of voter fraud in general — and specifically distrust in the voter rolls, the official lists of eligible voters.

“Voter rolls are very, very important to the process,” Florida software and database engineer Jeff O’Donnell told the gathering of 300 in late January in Chippewa Falls, deeming the rolls “the ground zero” of what he called Democratic plots to steal elections. The only way former President Donald Trump could have lost his reelection campaign in 2020, O’Donnell said in an interview, was if voter rolls had been inflated with people who shouldn’t have been able to cast ballots.

Ever since Trump failed to convince the world that he lost the 2020 election because of fraud, like-minded people across the country have been taking up the same rallying cry, revisiting that vote with an eye toward what will happen in 2022.

Now, a new group is stepping into a more conspicuous role in that world by providing easily accessible tools for people in Wisconsin, other Midwest battleground states and, eventually, the entire country to forge ahead with a quest to prove election irregularities.

Calling its work unprecedented, the Voter Reference Foundation is analyzing state voter rolls in search of discrepancies between the number of ballots cast and the number of voters credited by the rolls as having participated in the Nov. 3, 2020 election.

The foundation, led by a former Trump campaign official and founded less than a year ago, has dismissed objections from election officials that its methodology is flawed and its actions may be illegal, ProPublica found. But with its inquiries and insinuations, VoteRef, as it is known, has added to the volume in the echo chamber.

Its instrument is the voter rolls, released line by line, for all to see.

In early August, the foundation published on its website the names, birthdates, addresses and voting histories for 2 million Nevada voters, information that is normally public but only available on request, for a fee. It claimed to have found a significant discrepancy between the number of voters and the number of ballots cast, despite being warned by state election officials that its findings were “fundamentally incorrect.”

In the months since, VoteRef has reported similar discrepancies in rolls posted for 17 other states, including the 2020 election battlegrounds of Michigan, Georgia, Ohio and Wisconsin. It intends to post the rolls of all 50 states by year’s end.

“Voter File Transparency site adds Michigan; large discrepancy found,” read a headline on a Dec. 6 press release put out by the organization, which is led by Gina Swoboda, a high-ranking officer in the Republican Party of Arizona.

The project is still in its early stages, and the people at the Chippewa Falls conference did not mention VoteRef specifically.

Still, the VoteRef initiative is an important indication of how some influential and well-funded Republicans across the country plan to encourage crowdsourcing of voter rolls to find what they consider errors and anomalies, then dispute voter registrations of specific individuals. Visitors to the VoteRef site are able to scroll through data on more than 85 million people in a free, easy-to-use format. The VoteRef data includes personal identifying information of every voter and the years they voted, but not how they voted.

VoteRef’s methods have already led to pushback from state officials. The New Mexico Secretary of State believes posting data about individual voters online is not a permissible use under state law and has referred the matter to the state attorney general for criminal investigation.

And an attorney for the Pennsylvania Department of State notified VoteRef in January that state law prohibits publishing the voter rolls on the internet and asked that the data be removed. VoteRef complied.

ProPublica contacted election officials in a dozen of the states where VoteRef has examined voter rolls, and in every case the officials said that the methodology used to identify the discrepancies was flawed, the data incomplete or the math wrong. The officials, a mix of Democrats and Republicans, were in Colorado,Connecticut, Georgia, Michigan, Nevada, New Jersey, New Mexico, North Carolina, Ohio, Pennsylvania, Virginia and Wisconsin.

“The accuracy and integrity of Michigan’s election has been confirmed by hundreds of audits, numerous courts and a GOP-led Oversight Committee analysis,” said Tracy Wimmer, director of media relations for Michigan’s secretary of state.

“This is simply another meritless example of election misinformation being disseminated to undermine well-founded faith in Michigan’s election system, and from an organization led by at least one former member of the Trump campaign,” Wimmer said.

VoteRef, records show, is an initiative of the conservative nonprofit group Restoration Action and its related political action committee, both led by Doug Truax, an Illinois insurance broker and podcaster who ran unsuccessfully in the state’s GOP primary for the U.S. Senate in 2014.

A ProPublica review found that VoteRef’s origins and funders are closely linked to a super PAC predominantly funded by billionaire Richard Uihlein, founder of the mammoth Wisconsin-based packaging supply company Uline. A descendant of one of the founders of the Joseph Schlitz Brewing Company, Uihlein is a major Trump supporter and a key player in Wisconsin and Illinois politics. Among his political donations: $800,000 in September 2020 to the Tea Party Patriots political action committee, a group that helped organize the Jan. 6 rally that led to the Capitol insurrection.

Uihlein and his wife, Elizabeth Uihlein, have contributed in excess of $30 million combined over two decades to mainly Republican candidates on the state and local level, particularly in Illinois and Wisconsin, according to OpenSecrets, a nonpartisan organization that tracks campaign donor information. The total includes money given to groups that advocate on behalf of candidates as well as direct contributions.

Voter rolls are public information, typically used by campaigns to identify potential supporters, target messages or persuade people to go to the polls. Journalists and some businesses also at times use the rolls for newsgathering or commercial purposes.

VoteRef has said its aim is to increase transparency in the elections process, echoing the language used to justify door-to-door address checks, painstaking ballot audits and other efforts that Trump supporters are continuing to employ to parse the 2020 election. To publicize the results of its analysis of ballot inconsistencies, it crafted press releases that then were parroted on sites that purport to be legitimate news outlets and were connected to a media network that received large sums of money from VoteRef.

“VoteRef is the beginning of a new era of American election transparency,” Swoboda, VoteRef’s executive director, said in its Nevada press release. “We have an absolute right to see everything behind the curtain.”

Until a few months before the 2020 election, Swoboda, a resident of Scottsdale, a Phoenix suburb, was a professional in Arizona’s election system, working as the campaign finance and lobbying supervisor in the Arizona Secretary of State’s Office.

Swoboda then served as Election Day operations director for the Trump campaign in Arizona, according to a sworn court affidavit she gave in Arizona in November 2020 as part of Trump’s legal challenge to election results there. She described how she took complaints from people who thought poll workers allowed defective ballots to be submitted, in what later became known as “SharpieGate.” (Votes made with a Sharpie do count, the state said.)

She and others associated with VoteRef declined to be interviewed for this story. But Swoboda did respond via email.

“In each of the states we’ve researched to date, the election data math simply doesn’t add up,” she wrote. “That requires reform. We seek to spur this reform through the sustained spotlighting of inaccuracies or wrongdoing.”

Flawed Methodology

As of late February, VoteRef showed 431,173 more ballots cast overall than people credited by voter rolls with having participated in the 2020 election.

To those unschooled in the mechanics of elections, VoteRef’s approach could seem reasonable: Compare the total number of ballots cast in the Nov. 3, 2020 election with the number of current voters on the rolls who have recorded histories of having participated in the vote.

For example, the VoteRef table for Nevada shows 8,952 more ballots cast than individuals credited with voting, based on histories obtained in February 2021.

“Theoretically, these numbers should match,” VoteRef claimed in an August press release.

But there are valid reasons the numbers do not match.

Nevada election officials explained it this way in a press release: “If ‘John Doe’ votes and has his ballot counted in Lander County, then moves to Mineral County, once he is registered in Mineral County, he will show no vote history because he has no vote history in Mineral County. The farther away from the election the data is acquired, the more it will have changed.”

In Connecticut, there were 1,839,714 ballots cast in 2020, according to VoteRef, but the group’s examination of voter histories in October, 2021, showed 1,802,458 people voting. VoteRef’s conclusion is that there was a discrepancy of 37,256 ballots.

But state election officials said that the registration database is “live,” and voting histories of those who moved out of state or died in the months after the election would have been removed from the rolls, accounting for the discrepancy.

“The list is not a static list,” said Connecticut Secretary of State Denise Merrill. “It changes all the time.”

In Michigan, where VoteRef found a difference of more than 74,000 votes, an elections official said that state’s qualified voter file also constantly changes as it's updated, making the data the foundation relied on in late May 2021 — more than six months after the election — out of date.

In a recent email to ProPublica, Swoboda conceded as much.

“It's up to election officials who run election offices to reconcile their data, not the Voter Reference Foundation, which merely publishes their information in a consumer-friendly format,” she said. “Of course, our election experts are well aware of the time lag between certification and data pulls — we posted the documents online for all to see!”

Federal law requires that election supervisors make reasonable efforts to update voter lists, but provides leeway in how states carry out the task. The law prohibits administrators from removing people for simply not voting in repeated elections, unless notices go unanswered and officials wait for two federal election cycles before putting the voters on an inactive list.

Counties haven’t always done a good job, however, in maintaining the voter rolls, leading some people to distrust the system. One of VoteRef’s key aims is to task ordinary people with the chore of finding anomalies.

Scrutinizing Voter Rolls and Neighbors

In announcing the launch of its website, the Voter Reference Foundation touted it as a “first of its kind” searchable tool for all 50 states “that will finally give American citizens a way to examine crucial voting records.”

“Citizens will be able to check their voting status, voting history, and those of their neighbors, friends and others. They will be able to ‘crowd-source’ any errors,” the press release stated.

The group’s backers have encouraged scrutiny outside of one’s own household.

“With VoteRef.com you can find out who voted and who didn’t. Did your aunt who died 10 years ago ‘vote’ after she died? Did your ‘neighbor’ who moved to another state vote? Did 55 votes emerge from a five-unit apartment complex?” Jeffrey Carter, a partner in a venture capital group who earlier had appeared on Truax’s podcast, wrote on the newsletter site Substack in December.

Matt Batzel, whose organization American Majority recently highlighted VoteRef’s efforts in Wisconsin, said in an interview with ProPublica that VoteRef’s vision is for citizens to detect and then report potential problems with the voter rolls, such as people who are registered to vote at vacant lots or unusually high numbers of votes coming from nursing homes.

Election experts say the type of work being done by VoteRef risks leading to further misinformation or being weaponized by people trying to undermine the legitimacy of the past election or give the sense that voter fraud is a more encompassing problem than it’s proven to be. Or it could be used to harass or intimidate valid voters under the guise of challenging their legitimacy.

Even without any clear evidence of fraud during the 2020 election, the vast, decentralized election system still is drawing scrutiny from those who believe that the system can be easily manipulated. At the daylong voter integrity conference in Chippewa Falls, speakers invoked war imagery, spoke of coverups, and urged people to “expose the tactics” of the political left. The group — saluted via video by Trump acolyte and MyPillow CEO Mike Lindell — is seeking to put like-minded individuals in vote-certifying secretary of state offices nationwide.

The voter rolls have been targeted, too, by others in Wisconsin, including special counsel Michael J. Gableman, a former state Supreme Court justice and Trump supporter who the state’s Republican Assembly speaker appointed in June to conduct a review of Wisconsin’s administration of the 2020 election. On March 1, Gableman released a report blasting what he called “opaque, confusing, and often botched election processes.”

Gableman urged the Legislature to consider legal methods to enable citizens or civil rights groups to help maintain election databases.

“As it stands, there is no clear method for individuals with facial evidence of inaccurate voter rolls to enter state court and seek to fix that problem,” he wrote. He envisioned a system that “could even provide nominal rewards for successful voter roll challenges.”

While information about voters is available in most states, it comes at a cost and with limits on how it can be distributed to avoid having some private information be easily accessible.

In January, an official with the Pennsylvania Department of State wrote to Truax warning that it appeared that the Voter Reference Foundation had “unlawfully posted Pennsylvania-voter information on its website” and demanding that the organization “take immediate action” to remove the information.

Soon, Pennsylvania data disappeared from the website. Swoboda declined to answer questions about the matter. Attempts to reach Truax were unsuccessful.

In New Mexico, Secretary of State Maggie Toulouse Oliver also said the undertaking is not an allowable use of voter data. By state law, she said, the rolls can only be used for governmental or campaign purposes.

“Having voter registration data ‘blasted out across the internet’ violates state law limiting use of the voter rolls solely for campaign or government activities,” she said. In December, Toulouse Oliver’s office referred the matter to the state attorney general for investigation and possible prosecution.

Associates of the Voter Reference Foundation dismiss these privacy concerns.

"You are joking, right?” said Bill Wilson, chairman of the conservative-leaning Market Research Foundation of Fairfax, Virginia, which paid more than $11,000 to the state of Virginia in March 2021 for the voter roll data and shared it with the Voter Reference Foundation.

“Big tech, both political parties and big media have no interest or concern for privacy and have mountains of data on individuals that is shared and sold on an hourly basis. You called me at my home, after all.’’

Support in GOP Circles

Restoration Action/PAC describes itself on its website as an “effective dynamo against those trying to destroy our country.” It produces ads on behalf of state and national candidates, castigates Planned Parenthood, “biased liberal media” and “Big Tech” and advocates for fair elections.

Truax, the group’s head, frequently assumes the role of news anchor to host the First Right video podcast, interviewing far-right conservatives. In early June last year, he introduced his audience to VoteRef, telling them: “We helped create the organization, and we’ll have much more to say about it in the coming weeks.”

Richard Uihlein’s quiet role was essential. He’s been the primary funder of Restoration PAC since its inception in 2015, contributing at least $44 million, according to the data from OpenSecrets. In May 2021, Federal Election Commission records show, Uihlein donated $1.5 million to Restoration PAC. That same month, the Voter Reference Foundation was incorporated in Ohio.

Two weeks after the Uihlein donation, money started flowing from Restoration PAC to a media network that did some data procurement and analysis for VoteRef, with payments totalling more than $955,000 as of the end of 2021, the FEC records show.

The network, which includes Pipeline Media, is operated by Bradley Cameron, a Texas business strategist, state corporation records show. Brian Timpone is listed as a manager at Pipeline Media. He made headlines a decade ago after his firm, then called Journatic, came under fire for outsourcing hyperlocal news offshore using phony bylines.

In recent months, VoteRef has released press releases about its activities that have been turned into stories on sites owned by Metric Media, which Cameron leads, according to his online profile. The sites mimic legitimate news outlets but print press releases, shun bylines, do little to no original reporting and rely on automated data. “New website to publish which Arlington residents voted, did not vote in gubernatorial election,” read an Oct. 28 headline in the Central Nova News of Virginia, a Metric Media site.

Uihlein did not respond to calls or emails from ProPublica seeking comment. Cameron and Timpone also did not reply to messages seeking an interview.

Political figures with ties to Trump have been touting the efforts of VoteRef.

Among them: former Virginia Attorney General Ken Cuccinelli, an immigration hard-liner appointed by Trump to serve as acting head of U.S. Citizenship and Immigration Services.

Cuccinelli now heads the Election Transparency Initiative, a Virginia organization opposed to expanding early voting or easing registration requirements. The initiative, a project of the conservative group Susan B. Anthony List, says it partners with The Heritage Foundation’s political arm.

Cuccinelli spoke in September to about 100 party loyalists at a gathering at a suburban Milwaukee hotel about how they could use the VoteRef tools and become involved in securing the elections process.

Similarly, J. Hogan Gidley, former national press secretary for the 2020 Trump campaign, promoted the work of VoteRef on Philadelphia conservative talk radio before Christmas.

“We’re doing some work with them, too. We know the folks over there really well,” said Gidley, who is now with the America First Policy Institute, a nonprofit packed with Trump administration alums.

Truax, meanwhile, brought in Swoboda for his podcast last summer. They talked about the Arizona ballot audit and briefly referenced her work with the Voter Reference Foundation.

“It always feels like to me that the states, in general, have gotten a little sloppy in different areas and just you know nobody’s really paying a lot of attention to it,” Truax said.

He added: “Now I think as conservatives we’re in a place we really got to pay a lot more attention. There’s a lot of energy now on this.”