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Harry Wait of Union Grove faces two counts of election fraud and two counts of unauthorized use of another person's identifying information for his alleged role in requesting false absentee ballots in July 2022. |
RACINE — The trial for Harry Wait was taken off the calendar after the defense filed motions to dismiss the charges against him — two counts of unauthorized use of an individual’s personal identifying information and two counts of election fraud.
Wait is accused of ordering absentee ballots in July 2022 through the My Vote Wisconsin website using the names of Racine Mayor Cory Mason and Wisconsin State Assembly Speaker Robin Vos.
Wait reportedly admitted to ordering the ballots to expose vulnerabilities in the absentee voting system. He pleaded not guilty to all charges Oct. 21, 2022.
Wait was scheduled to go to trial March 19, but the date has been removed to allow the defense and prosecution time to address the motions.
Motions
The defense filed two motions to dismiss the case Feb. 29, alleging the charges against Wait are unconstitutional, infringe on constitutional rights and lack probable cause.
One motion claims that the election fraud charge infringes on the right to vote because it “imposes substantial penalties on voters” who make false statements.
The motion states the charge has a chilling effect, meaning it will deter people from voting in fear of making false statements and being penalized.
The second motion claims that the complaint filed in the case had “reckless and materially misleading statements” and lacked probable cause for the unauthorized use of an individual’s personal identifying information charges.
The complaint alleges Wait claimed to have successfully ordered the absentee ballots to be shipped to his address, and that he was ready to be charged for “exposing these voting vulnerabilities.”
The motion claims that Village of Rochester Clerk Sandi Swan and City of Racine Clerk Tara McMenamin deactivated the ballot requests he submitted. One ballot was sent, but was deactivated before it was received, according to an interview with McMenamin attached to the motion.
The motion claims that even if Wait did admit to ordering the ballots, it does not matter because they were inactive, therefore no crime was committed.
“No matter what the Defendant admitted about his conduct, he never got those active absentee ballots and he never will,” the motion states.
During a status conference Friday, the defense was given until April 19 to file an opening brief. The state will have until June 21 to file a response, and the defense will have until July 12 to file a rebuttal.
Wait is scheduled to appear in court again Aug. 16 for an evidentiary hearing.
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