Here & Now

Republicans Propose Voting Changes

Frederica Freyberg:

Senate Republicans unveiled a package of ten bills this week that would modify how the Wisconsin vote is taken. The measures range from a proposal that would change how absentee ballots can be gathered to a bill that would redefine who and how a vote is cast by voters who say they are indefinitely confined. These voters cast their ballot by mail due to being confined to home because of age, disability or other physical barriers. Currently these voters can have a witness sign their ballot as proof of identity, no photo ID required. Under the newly proposed law ID exemption for indefinitely-confined voters would be eliminated. In addition, these voters would have to swear under oath that they are indefinitely confined. Voters in this category under the age of 65 would have to provide a health provider’s documentation of confinement status. A pandemic is not cause for indefinite confinement under the proposal and the measure would eliminate the indefinitely-confined status of voters who enrolled as such between March 12 and November 6 of last year. Republican Senator Kathy Bernier is the chair of the Senate Committee on Elections and she joins us now from the Village of Lake Hallie in Chippewa County and thanks very much for being here.

Kathy Bernier:

It is my pleasure. Thank you.

Frederica Freyberg:

So the indefinitely confined proposals really clamp down on rules in place last November. Why do you think that’s necessary?

Kathy Bernier:

Well, I don’t agree with 100% of the bills that came out and all the detail involved in it, so I did have a conversation with Senator Stroebel, Senator Darling and all of our staff got together and I said I have some concerns. I have been working with the disabled, disability community and their advocates to come up with something that would be appropriate and easy to navigate for the people with disabilities. And that is what that provision really was created for. It was not created for able-bodied individuals who can go out shopping or campaigning or whatever to use indefinitely confined. And so it’s individuals is — what precipitated it is there were individuals who abused that privilege that was really designed for the disabled and elderly.

Frederica Freyberg:

Well, let me ask you what problems you have with it that you would like to see changed.

Kathy Bernier:

Well, I would like to see that individuals who are able to leave their home as desired don’t have that option, because, once again, when you have absentee voting, that is the area which is easier to abuse. And so it is intended for individuals who are actually incapable of getting out of their homes as desired.

Frederica Freyberg:

Right, but —

Kathy Bernier:

And that didn’t include — that does not include me or someone like me.

Frederica Freyberg:

Sure. But did you say that you had issues with the way the draft of the proposed law looks right now, with some of the things that we just laid out or do you like it the way it stands?

Kathy Bernier:

I do not like it the way it stands. I would like to see some changes.

Frederica Freyberg:

Like what?

Kathy Bernier:

I would like to see where the witness and the affidavit — an affidavit is an oath so essentially they signed that saying they are unable to leave their home as desired, and so that is clear. And to require medical information is not reasonable. I’m not even sure HIPPA would allow for that or we can require that. So we want it to have that opportunity for the individuals who need it, but we don’t want it abused by others. I use the example of parking in a disabled parking spot is not my right. I am not disabled. I will pay a fine for it. The same applies for this provision in the law.

Frederica Freyberg:

So is Senator Stroebel listening to your concerns and do you expect then there to be modifications?

Kathy Bernier:

Yes. He recognized that many of these proposals will have changes made to them. He recognized that.

Frederica Freyberg:

Because the bill as it stands now would clarify in state law that a pandemic cannot be used to apply for indefinitely-confined status. In your mind is that what caused the number of such voters to increase by nearly 150,000 in the November election compared to 2016?

Kathy Bernier:

It didn’t intuitively cause that. It is two county clerks that took it upon themselves to interpret state law as they so choose, which I believe the Supreme Court — or I know the Supreme Court did send a message to the county clerk in Dane County that he has no authority to do that. And I share that opinion with Scott McDonald, that county clerks do not interpret the law or provide guidance. That is why we have the Wisconsin Election Commission. So that is I believe what caused the problem in the first place.

Frederica Freyberg:

Now, you were a long-time election clerk in Chippewa County. Do you think the volume of absentee ballots of all kinds resulted in voter fraud in Wisconsin that flipped the election to Joe Biden?

Kathy Bernier:

No. I do believe we have a higher percentage of voter fraud as I was talking to the executive director of WEC that we will have a higher number, but I have told lots of conservatives straight up that we do not have 20,000 voter fraud cases in the state of Wisconsin. I am confident of that. But I also point out that individuals who think that we need not tweak our election laws, we did in 2016 with the accusations from Democrats that Russians hacked our elections and we dealt with Homeland Security and we added more encryption. We added more double authentication from the municipal clerks when they’re in the voter registration system. So we reacted to those accusations, just as we’re going to react to accusations made during this election.

Frederica Freyberg:

Well, we will wait to see what those modifications look like. Senator, thanks very much for joining us.

Kathy Bernier:

You are welcome. Thank you.