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Lawsuits & Litigation

Wisconsin Republicans Ask Judge to Stop State from Certifying Election Results

— November 25, 2020

The lawsuit demands that a federal court drastically alter Wisconsin’s presidential selection procedures.

Republicans in Wisconsin have asked a federal judge to prevent the state from certifying its election results.

The request, says The Associated Press, comes even as Wisconsin has already begun an intensive recount.

The A.P. observes that the lawsuit is similar to another complaint filed by the Trump campaign. In the campaign’s case, the president’s attorneys attempted—unsuccessfully—to dismiss tens of thousands of ballots, citing unspecified “irregularities” in voting protocol and rolls.

However, the latest lawsuit takes the Trump campaign’s argument a step further, in that it seeks to delegate the power to name presidential electors to the Wisconsin state legislature.

Under existing state law, political parties are allowed to select their own electors—a process which was carried out and completed in October. Once the recount is completed, those same electors will cast their ballots for the winner of the presidential election.

According to Wisconsin Attorney General Josh Kaul, a Democrat, the lawsuit effectively seeks to override the long-standing agreement that both parties cast votes for the winner. By allowing the Republican-controlled legislature to select electors, the plaintiffs likely believe there is a greater chance the popular vote can be overruled in President Trump’s favor.

“The litigation filed this afternoon seeks to disenfranchise every Wisconsinite who voted in this year’s residential election,” Kaul said. “The Wisconsin Department of Justice will ensure that Wisconsin’s presidential electors are selected based on the will of the more than 3 million Wisconsin voters who cast a ballot.”

President Trump raising his hand at a rally, backed by fans waving signs.
Drain the Swamp sign displayed at a MAGA rally in 2018. Photo by Charlotte Cuthbertson/The Epoch Times. CC BY 2.0

Wisconsin’s vote totals are expected to be certified on December 1st.

The lawsuit, adds The Associated Press, was field by attorney Erick Kaardal.

Kaardal, a former Minnesota Republican Party official, is representing a conservative interest group called the Wisconsin Voters Alliance, alongside a number of individual Wisconsin voters.

The Associated Press states that Kaardal attracted some attention earlier this year when he filed an unsuccessful lawsuit attempting to get rapper Kanye West on the Wisconsin ballot. Celebrity politics aside, Kaardal has also been involved in other controversial litigation.

In October, for instance, Kaardal asked a federal court to prevent five “heavily Democratic” cities from receiving an estimated $6.3 million in grants and funding from the Center for Technology and Civic Life, a Chicago-based nonprofit that is largely funded by Facebook founder and CEO Mark Zuckerberg. notes that efforts like Kaardal and the Trump campaign’s have been playing out across the Untied States for weeks. The Trump campaign alone has filed more than 30 lawsuits attempting to stall ballot counts or discard legally-cast votes, and there are currently another 10 lawsuits—filed by different right-wing entities—attempting to prevent certification in battleground states.


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