President Trump has asked a federal appeals court for an order that would declare Wisconsin’s electoral votes cast Monday were the result of a “flawed” election and invalid.
Thursday’s appeal to the 7th Circuit also seeks an order requiring Dem Gov. Tony Evers to issue a certificate of determination “consistent with, and only consistent with, the appointment of electors by the Wisconsin legislature.”
The filing, the latest in the efforts by the president and his allies to overturn the results of the election in Wisconsin and elsewhere, argues the true deadline for Wisconsin’s electors to be decided is Jan. 6. That’s when Congress will meet to certify the Electoral College vote, which went 306-232 for Dem Joe Biden.
The filing argues U.S. District Judge Brett Ludwig erred in his Saturday ruling that the Wisconsin election was consistent with the manner prescribed by the state Legislature and the state Elections Commission was carrying out the charge the Legislature gave the agency when it was created.
Like in the original suit, the appeal alleges absentee ballots were illegally cast because clerks filled in missing information on the envelopes witnesses signed and drop boxes were used to collect ballots. It also argues voters improperly declared they were indefinitely confined, which allows them to avoid having to provide a photo ID before casting an absentee ballot.
The appeal argues those policies amounted to usurping the Legislature’s authority and the results should be thrown out with lawmakers ultimately deciding who gets the state’s electors.
The filing also takes a dig at the Wisconsin Supreme Court.
While charging the Elections Commission and local officials supported policies that “pushed the limits and went over the lines drawn by the Legislature,” the president’s lawyers added the “Wisconsin state judiciary is riven by a fractured State Supreme Court that has largely decided election cases based only on threshold procedural issues and has for the most part refused to address the merits of issues that underlie this case.”
The court earlier this week ruled 4-3 that the president waited too long to challenge absentee ballots on several grounds.
The filing before the 7th Circuit also cites the court’s ruling this week on indefinitely confined voters. It notes the issue was first raised in the spring, but the court didn’t issue a final ruling until mid-December.
The filing doesn’t mention the court issued a preliminary injunction in the case on March 31.
Read the filing here.