Wisconsin Supreme Court Declines To Hear Trump Lawsuit Challenging Absentee Ballots
A divided Wisconsin Supreme Court on Thursday refused to hear President Donald Trump’s lawsuit attempting to overturn his loss to Democrat Joe Biden in the battleground state, ruling that the case must first wind its way through lower courts.
Two dissenting conservative justices questioned whether disqualifying more than 221,000 ballots as Trump wanted would be the proper remedy to the errors he alleged.
The defeat in a 4-3 ruling was the latest in a string of losses for Trump’s post-election lawsuits. Judges in multiple battleground states have rejected his claims of fraud.
Trump asked the Wisconsin Supreme Court to disqualify more than 221,000 ballots in the state’s two biggest Democratic counties, alleging irregularities in the way absentee ballots were administered.
His lawsuit echoed claims that were earlier rejected by election officials in those counties during a recount that affirmed Biden’s winning margin of about 20,700 votes.
Trump’s attorney Jim Troupis said he would immediately file the case in circuit court and expected to be back before the Supreme Court “very soon.”
“It was clear from their writings that the court recognizes the seriousness of these issues, and we look forward to taking the next step,” he said in a statement.
In asking the conservative-controlled Wisconsin Supreme Court to take the case directly, Trump had argued that there wasn’t enough time to wage the legal battle by starting with a lower court, given the looming Dec. 14 date when presidential electors cast their votes.
Swing Justice Brian Hagedorn joined three liberal justices in denying the petition without weighing in on Trump’s allegations. Hagedorn said the law was clear that Trump must start his lawsuit in lower courts where factual disputes can be worked out.
“We do well as a judicial body to abide by time-tested judicial norms, even — and maybe especially — in high profile cases,” Hagedorn wrote. “Following this law is not disregarding our duty, as some of my colleagues suggest. It is following the law.”
Trump filed a similar lawsuit in federal court on Wednesday.
Chief Justice Patience Roggensack, joined by Justice Annette Ziegler in a dissent, said she would have taken the case and referred it to lower courts for factual findings, which could then be reported back to the Supreme Court for a ruling.
But she also questioned whether disqualifying ballots was appropriate, saying that “may be out of reach for a number of reasons.”
Conservative Justice Rebecca Bradley wrote that the court “forsakes its duty” by not determining whether election officials complied with the law and that the inaction will undermine the public’s confidence in elections.
Allowing the elections commission to determine the law governing elections would be a “death blow to democracy,” she wrote.
“While some will either celebrate or decry the court’s inaction based upon the impact on their preferred candidate, the importance of this case transcends the results of this particular election,” she wrote in a dissent joined by Roggensack and Ziegler.
“The majority’s failure to act leaves an indelible stain on our most recent election.”
Democratic Gov. Tony Evers praised the decision.
“I was frankly amazed that it was not unanimous,” Evers said.
Trump’s lawsuit claimed there were thousands of absentee ballots without a written application on file. He argued that the electronic log created when a voter requests a ballot online — the way the vast majority are requested — doesn’t meet the letter of the law.
He also challenged ballots in which election clerks filled in missing address information on the certification envelope where the ballot is inserted.
Trump also challenged absentee ballots in which voters declared themselves to be “indefinitely confined,” a status that exempts them from having to show photo identification to cast a ballot, and one that was used much more heavily this year due to the pandemic. The Wisconsin Supreme Court in March ruled that it was up to individual voters to determine their status.
Two other lawsuits filed by conservatives are still pending with the Wisconsin Supreme Court seeking to invalidate ballots.
In addition to Trump’s lawsuit, there is another in federal court with similar claims from Sidney Powell, a conservative attorney.
Wisconsin this week certified Biden’s victory, setting the stage for a Democratic slate of electors to cast the state’s 10 electoral votes for him.
The Western Journal has reviewed this Associated Press story and may have altered it prior to publication to ensure that it meets our editorial standards.
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