WI · jury_instructions
Wis JI-Criminal 5301
Election Fraud - Unqualified Elector
Statutory Definition of the Crime
Section 12.13(1)(a) is violated by a person who intentionally votes at any election if
the person does not have the necessary elector qualifications and residence requirements.
State's Burden of Proof
Before you may find the defendant guilty of this offense, the State must prove by
evidence which satisfies you beyond a reasonable doubt that the following three elements
were present.
Elements of the Crime That the State Must Prove
1. The defendant voted at an election.
2. The defendant did not have the necessary (elector qualifications) (residency
requirements).
In this case, it is alleged that the defendant did not (identify the qualification
or requirement that the defendant allegedly lacked). 1
3. The defendant acted intentionally. 2
This requires that the defendant knew (he) (she) did not have the necessary
(elector qualifications) (residency requirements).
Deciding About Knowledge
You cannot look into a person's mind to find knowledge. Knowledge must be found,
if found at all, from the defendant's acts, words, and statements, if any, and from all the
facts and circumstances in this case bearing upon knowledge.
Jury's Decision
If you are satisfied beyond a reasonable doubt that all three elements of this offense
have been proved, you should find the defendant guilty.
If you are not so satisfied, you must find the defendant not guilty.
History
Wis JI-Criminal 5301 (2009). Release No. 47, 5/2009. © 2009, Regents, Univ. of Wis. Prepared by the Wisconsin Criminal Jury Instructions Committee of the Wisconsin Judicial Conference with the University of Wisconsin Law School; posted by the Wisconsin State Law Library with the University's permission.
Provenance
- Source
- wilawlibrary.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
75d80b5e69247560b5442e1f49030e90e21f0274a6f5f7dff94433a6131d4935
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