The president called on the courts to respond to the case within 48 hours, with the exception of the widespread availability of postal voting for residents of the state – the room for maneuver provided by the risks associated with a coronavirus epidemic.
Trump’s lawyers have not yet proven fraud. Wisconsin was one of many states that expanded postal voting during the 2020 elections to address widespread health concerns about the coronavirus epidemic.
Democrats have not yet responded to Wednesday’s lawsuit, but one of Trump’s top lawyers fighting the legal barrier, Marc Elias, tweeted late Wednesday night to “get tired of repeated filings of frivolous lawsuits that clog courts and mislead the public. He must stop.”
Washington Republicans have defended the president’s right to exhaust all legal avenues before accepting defeat, but experts say the sustained legal effort is unprecedented.
Myrna Pérez, director of the Voting Rights and Election Program at the Brennan Justice Center at the NYU Faculty of Law, questioned how much the courts are tolerating Trump’s further efforts to fight the 2020 election in the courts again.
“The president and his sympathizers abused the presumption of good faith to the point where the courts reacted quickly and clearly and the lawyers no longer wanted to be involved,” he said.
In response to a recent case, Judge Stephanos Bibas, a former member of the Federalist Society appointed by President Trump to the U.S. Third District Court of Appeals in 2017, wrote that “the president is elected by voters, not lawyers. Votes, not briefings, decide on the elections. “
The recent lawsuit takes a different approach than that launched by Trump’s campaign and supporters in nearly three dozen previous cases, most of which were rejected by judges because they failed to properly document fraud claims.
This latest legal proceeding never claims that fraud occurred in Wisconsin – only that the risk of fraud was increased by measures taken by government officials in the global epidemic, such as the box and postal ballots. The lawsuit alleges that the election was caused by “deliberate disregard for deliberate legal safeguards to prevent missing voting fraud.”
The lawsuit also brings a new proposed remedy: it will present the outcome of state competition to state legislators controlled by Republicans. The lawsuit asks the court to “immediately refer the matter to the Wisconsin legislature to review and determine the appropriate remedy for the established constitutional violation (s), including the potential impact on the allocation of presidential voters to the State of Wisconsin.”
The lawsuit alleges that voters were granted access to the missing ballot papers beyond what was permitted by law, saying the global coronavirus epidemic was not a sufficient cause.
“There can be no reasonable or legal claim that the COVID-19 epidemic provided an excuse to evade Wisconsin’s election laws,” he claims.
According to the lawsuit, these “direct violations” allowed “the acceptance of thousands of ballot papers on the basis of an incorrect and inaccurate claim that the COVID-19 epidemic continues to justify widespread non-compliance with Wisconsin voting laws.”
After losing the state by more than 20,000 votes against Democrat Joe Biden, the Trump campaign ordered a recount in two counties in Wisconsin. After paying $ 3 million for the recount, Biden’s leadership grew by 87 votes.
Prior to the incident, state officials told ABC News that they did not see that the legislature could annul or invalidate the election results without a court decision.
“I don’t know if that would be possible,” said Meagan Wolfe, chief election officer for the Wisconsin Electoral Commission. “I think it takes any court intervention to make that happen.”
But some Republican state lawmakers have already indicated their willingness to investigate complaints about the conduct of the election.
“I don’t think we’re likely to find enough cases of fraud to overthrow the election,” Robin Vos, president of the Wisconsin State Assembly, told the Milwaukee Journal Sentinel. “I don’t think that’s likely, but I don’t know.” That’s why he has an investigation.
Jeff Mandell, a lawyer who represents a party called Law Forward, a Wisconsin firm that deals with nonprofit litigation, said he sees no way for Wisconsin state legislature to overturn the state’s vote.
“Under Wisconsin law and federal law, Biden received the most votes in the state of Wisconsin and is entitled – and will receive – 10 voter votes in the state of Wisconsin,” Mandell said. “And this is clearly stated by law. And there is no avenue around it.”
ABC News Kendall Karson and Cheyenne Haslett contributed to the report.