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Trump Files Case in Supreme Court to Void Wisconsin Election Results

Published: January 3, 2021
President Donald Trump has filed a lawsuit in the United States Supreme Court asking that it declare Wisconsin’s presidential election as “unconstitutional.”
Trump filed a case in U.S. Supreme Court to void Wisconsin's election result. (Image: pixabay / CC0 1.0)

President Donald Trump has filed a lawsuit in the United States Supreme Court asking that it declare Wisconsin’s presidential election as “unconstitutional.” Biden has a lead of just 21,000 votes in the state. In the filing, the Trump campaign implored the court to allow the Wisconsin Legislature to appoint electors to replace those who have already pledged their allegiance to Biden. Wisconsin contributes 10 electoral votes

“President Trump continues to fight for the American people and election integrity. We have to restore integrity to our process through every legal and constitutionally viable mechanism… America has seen the extent of corruption in this election and is demanding swift resolution. We hope that state legislatures in Wisconsin and the five other states will not wait on a court order but exercise their plenary constitutional authority and we continue to appeal to them as well as seek judicial remedy,” Trump attorneys Rudy Giuliani and Jenna Ellis said in a statement.

The lawsuit claims that Wisconsin Elections Commission (WEC) and local election officials acted in a manner that disregarded the Legislature’s explicit command to “carefully regulate” the absentee voting process. The WEC and election officials (a) encouraged voters to misuse the ‘indefinitely confined’ status to avoid voter ID laws, (b) made illegal changes to absentee ballot witness certificates, and (c) implemented illegal absentee voting drop boxes. 

In addition, the suit also points out that tens of thousands of invalid absentee ballots were counted in the election results, contradicting Wisconsin’s state election laws. According to Trump attorney Bill Bock, “guardrails against fraud” were lowered during the presidential election in Wisconsin by changing rules on election eve. Bock is asking the U.S. Supreme Court to find these last-minute changes unconstitutional which would make it difficult to accurately say who won the election.

The appeals court noted that if Trump were to prove his case, the election result could be voided (Image: pixabay CC0 1.0</a>)

On Dec. 24, an appeals court dismissed Trump’s lawsuit in Wisconsin on the grounds that the filing was delayed unreasonably. It also upheld the previous district court ruling that the President’s initial lawsuit did not have any merit. However, the appeals court did conclude that Trump’s complaint raised a federal question.

This paved way for the case to be brought under the consideration of the U.S. Supreme Court. The appeals court had also noted that if Trump were to prove his case, the election result could be voided and an order for the decertification of Biden’s electors could be given.

In an interview with Newsmax, Trump campaign senior advisor Jason Miller notes that the team has identified more than 50,000 ballots in Wisconsin that were cast unconstitutionally. In addition, around 6,000 votes were cast by people who are legally not allowed to do so. “Article II of the Constitution makes it very clear, the state legislatures, and state legislatures alone, set up the voting systems for each state, the codes and the way they are conducted… And what we have here is we have over 20,000 ballots that were cast without actually having an application on file, the mail ballots. Wisconsin’s very clear, very specific you’ve got to have an application on file,” Miller said in the interview.

On Jan 6, the Trump team plans to offer critical evidence that proves election fraud

Miller asserts that the evidence presented will be different from what was offered in the other lawsuits. According to the 1887 Electoral Count Act, the vice president is the official who has the right to preside over the meeting on Jan. 6.

Miller is hoping that at least one senator and House representative jointly object to the electoral vote count. This would allow for two hours of debate, during which Miller’s team plans to reveal evidence of fraud to the American people.

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