For the second time in two days, President Trump asked the U.S. Supreme Court to overturn Wisconsin’s election results in an effort to have the GOP-controlled state Legislature appoint the state’s electors.
Trump yesterday asked the U.S. Supreme Court to review a Wisconsin Supreme Court ruling that found he waited too long to file his challenge to absentee ballots on several grounds, including advice in place since October 2016 that local clerks can fill in missing information from witnesses that sign the envelopes in which they’re returned.
Today’s filing asks the court to review a Christmas Eve ruling from the 7th Circuit that also found Trump’s lawsuit was barred due to laches, a principle that requires a timely legal challenge. The federal appeals court also ruled Trump’s case failed on the merits, rejecting his argument that the way Wisconsin’s election was run violated the U.S. Constitution.
The new filing follows some of the same legal arguments raised in yesterday’s appeal. That includes the claim that decisions made by the Wisconsin Elections Commission and other officials went beyond what the state Legislature authorized in the statutes. The new filing also challenges the use of the laches to deny a post-election claim.
Both cases also focus on those who claimed they were indefinitely confined, which allows voters to cast an absentee ballot without first showing a photo ID, along with clerks filling in missing information on an absentee ballot envelope.
Today’s filing also targets the use of drop boxes around the state to collect absentee ballots, arguing they weren’t authorized by the state Legislature.
“Wisconsin represented one among serial efforts around the country to usurp legislative authority and unlawfully change election laws for partisan advantage in the lead up to the Presidential election,” the suit argues. “These unconstitutional efforts have provoked growing skepticism and concern which if left unaddressed will only ripen into cynicism and disillusionment.”
Trump and his allies are now 0-for-9 in their attempts to overturn Wisconsin’s election results in a mix of state and federal courts.
Trump has also asked the Supreme Court to overturn the results in Pennsylvania. His filing asking for an expedited schedule notes a suit similar to those seeking to overturn the results in Pennsylvania and Wisconsin will soon be filed in Georgia. The 46 electoral votes of all three states went to Joe Biden, who won the electoral college 306-232.