Exclusive: I just filed a sworn complaint with the Wis. Election Commission against the City Clerk of Kenosha.

She only tested 1 out of 36 ES&S tabulators for the election tomorrow. State law(s) required her to test all of them, with the public noticed in advance and an opportunity for them to be present.

She did not do this; she claimed she tested the other 35 tabulators the days before. But admitted she did not follow the law in providing the mandatory notice to the public in advance of the date and time.

These voting machines cannot be used in the election tomorrow.

Here is the notice statute:
"7.15(1)(d) Prepare the necessary notices and publications in connection with the conduct of elections or registrations."

Here are the mandatory machine testing and also notice requirements:

"5.84 Testing of equipment; requirements for programs and ballots.
(1) Where any municipality employs an electronic voting system which utilizes automatic tabulating equipment, either at the polling place or at a central counting location, the municipal clerk shall, on any day not more than 10 days prior to the election day on which the equipment is to be utilized, have the equipment tested to ascertain that it will correctly count the votes cast for all offices and on all measures.

Public notice of the time and place of the test shall be given by the clerk at least 48 hours prior to the test by publication of a class 1 notice under ch. 985 in one or more newspapers published within the municipality if a newspaper is published therein, otherwise in a newspaper of general circulation therein.

The test shall be open to the public. The test shall be conducted by processing a preaudited group of ballots so marked as to record a predetermined number of valid votes for each candidate and on each referendum. The test shall include for each office one or more ballots which have votes in excess of the number allowed by law and, for a partisan primary election, one or more ballots which have votes cast for candidates of more than one recognized political party, in order to test the ability of the automatic tabulating equipment to reject such votes.

If any error is detected, the municipal clerk shall ascertain the cause and correct the error. The clerk shall make an errorless count before the automatic tabulating equipment is approved by the clerk for use in the election.

(2) Before beginning the ballot count at each polling place or at the central counting location, the election officials shall witness a test of the automatic tabulating equipment by engaging the printing mechanism and securing a printed result showing a zero count for every candidate and referendum. After the completion of the count, the ballots and programs used shall be sealed and retained under the custody of the municipal clerk in a secure location."

I also submitted public records requests to the same City of Kenosha Clerk for system logs of the tabulator testing, copies of the test decks of ballots fed in and other information.

"Apparently the modem uses the same broadband as police and fire department" according to one of the three eye-witnesses (who attended the public voting machine testing of 1 tabulator).

I wonder what that is about. 😎 If only Guy Smith would comment on this... @BryanSteil

https://x.com/peterbernegger/status/1853529749580120120?s=61&t=OCxjqt6CM8IQugAjNVrSiA