WEC Chairperson Ann Jacobs Issued Public Statement Denying WEC Lawbreaking Despite Documented Felony Referrals by Racine County Sheriff – Official Misinformation by a State Actor (WI)

Wisconsin Elections Commission Chairperson Ann Jacobs issued a public press release on October 28, 2021, affirmatively stating that no WEC member had broken the law in connection with the nursing home absentee voting directives that the WEC had issued in 2020. This statement was made with knowledge of, or reckless disregard for, the fact that:

1. the Racine County District Attorney had concluded in writing that multiple WEC members had acted “contrary” to Wisconsin election laws; and
2. the Racine County Sheriff had formally referred felony charges against five named WEC Commissioners to the relevant prosecutorial authority. Jacobs’ public denial did not acknowledge the Racine County DA’s written finding or the Sheriff’s felony referral – two official government documents directly contradicting her statement.

A public statement by a state official in her official capacity that affirmatively contradicts two official government legal findings – both finding the official’s organization to have violated the law – is the functional equivalent of government-issued disinformation about election administration. Whether this rises to actionable conduct under Wis. Stat. § 946.12 (misconduct in public office) or, if federal jurisdiction attached, 18 U.S.C. § 1001 (false statements in matters within federal jurisdiction), requires examination of whether any federal oversight of the nursing home voting program was implicated.