MADISON, Wis. (AP) – The Wisconsin Supreme Court has dismissed another presidential election lawsuit, dismissing the original actions before lower courts. Like two other election lawsuits, the court declined to make a 4-3 decision.
According to the unanimous opinion of four judges, Justice Brian Hagedorn sounds shocked at the request of the Wisconsin Voters’ Association lawsuit. “Some of these legal issues may, in other circumstances, be subject to further judicial consideration. But the real narcotic here is the cure sought, ”Hagedorn wrote. “We are being asked to invalidate the entire Wisconsin presidential election by declaring it ‘null and void’ – yes, the whole thing.”
– We are told we need to call on the Wisconsin Electoral Commission to verify the election so that Wisconsin’s presidential voters can be elected by the legislature and then force the governor to verify those voters.
“At least no one can accuse the petitioners of shyness.”
Wisconsin won Democrat Joe Biden by a narrow 20,000 votes, a few votes over Republican President Donald Trump. The legislature has a Republican majority. The Wisconsin Electoral Commission confirmed the national results last week.
Wisconsin has 10 voters at the Electoral College.
In a separate opinion, Chief Justice Patience Roggensack notes that this is the third case that raises legal questions about the conduct of the Wisconsin Electoral Commission in the election. “Dissenting and writing separately because I have come to the conclusion that the court has failed in its institutional duties by repeatedly refusing to resolve the legal issues raised in all three cases.”
“It is critical that voting in the Wisconsin election is not only fair, but that the public feels the vote is fair,” he said.
Hagedorn wrote in the majority opinion that annulling the presidential election of an entire state is unprecedented, but instead of evidence of serious errors and illegal votes, petitioners rely on statistical estimates based on surveys and social media research from an oath-free expert report.
“Something much more fundamental than winning Wisconsin voter votes.” Hagedorn continued. “The stake is, to some extent, belief in a system of free and fair elections, which is central to the enduring power of our constitutional republic. Once the door has opened for judicial annulment of the presidential election results, it will be terribly difficult to close that door. This is a dangerous road on which we are being asked. “
According to Chief Justice Roggensack, the Supreme Court does not always give petitioners everything they ask for. He pointed to the case of Bartlett v. Evers five months ago, where the court annulled three partial vetoes but upheld the fourth (see related story) and did not limit the governor’s partial veto.
“Judge Hagedorn has the chariot in front of the horse, given that we are examining this original request for action,” he wrote. “In order to exercise our jurisdiction, we file petitions based on whether the legal issues raised are of concern to the entire state and not on the basis of the remedies sought.”
The judges did not completely dismiss the legal issues raised by the lawsuit, which could again be referred to lower courts. The Trump campaign followed this path when the state Supreme Court rejected its original action because of a request to discard thousands of missing ballots in Dane and Milwaukee counties (see related story). This case will be heard on Dec. 10 in Milwaukee County District Court.
A full copy of the lawsuit is provided below.
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