Vos testifies on first day of trial for Racine County man who admitted to fraudulently obtaining absentee ballots

RACINE, Wis. (CBS 58) -- The first day of the trial for Harry Wait is in the books. Wait is the Racine County man who admitted to committing election fraud in 2022.

Wait is facing two felonies and two misdemeanors for using other people's identities to request absentee ballots. The state sees it as a clear-cut case of election fraud.

Wait has admitted to committing the crimes, but he pleaded not guilty, saying he did it for moral reasons.

This case will center on the letter of the law versus Wait's intent.

In the state's opening statement, Asst. Attorney General Leigh Neville-Neil told the jury, "This is a case about a man who deliberately took ballots out of their lawful process." She added, "It's about a man who knew he was breaking the law and he did it anyway."

On the facts of the case, the two sides agree.

Wait's defense attorney Joseph Bugni said, "I'll tell you who it was. It was Harry Wait. Harry Wait did exactly what the government said he did."

In the summer of 2022, Wait requested absentee ballots using the names and birthdates of Assembly Speaker Robin Vos and Racine Mayor Cory Mason.

The state charged Wait with election fraud.

Neville-Neil said, "The evidence will show this was not a mistake, this was not confusion, this was not an accident. This was deliberate."

Wait had admitted to it, then and now.

But he and his defense team claim it was simply to expose vulnerabilities in the state's absentee ballot system and that he was not trying to benefit.

Speaker Vos doesn't see it that way.

Bugni asked him, "So we do care what a person's purpose is and what their intent is when they do an action?"

And Vos responded, "Yeah, but I can't set fire to a house to prove that the fire department doesn't come quick enough."

Wait has contacted Vos about several issues over the years, but is no fan of the Speaker's, even backing his primary opponent that summer.

Vos testified, "I think one's right to vote is sacrosanct. And the fact that he tried to steal it from me was frustrating."

Mason also took the stand and sparred with Bugni.

Mason said, "I guess you and I have a different definition of stealing. You can't take something without somebody's permission and then give it back and say it doesn't count."

The other two witnesses who testified Monday where the local clerks who received Wait's fraudulent absentee ballot applications.

They described the process of alerting the Wisconsin Elections Commission as soon as they noticed the incorrect information.

The state wrapped for the day after calling the four witnesses. They'll resume Tuesday at 8:30 in the morning. The judge expects a short trial, hoping to wrap things up by the end of the day.