Summary
The Wisconsin Supreme Court denied a petition by Donald J. Trump and related petitioners to commence an original action challenging the counting and administration of absentee ballots in the November 3, 2020 presidential election. The court stated that an aggrieved candidate may pursue an appeal in circuit court under Wisconsin Statute § 9.01(6), and denied a motion to intervene as moot. Justice Hagedorn concurred, while Chief Justice Roggensack and Justices Ziegler and Rebecca Grassl Bradley dissented, arguing that the court had constitutional authority to hear the original action.
Topics
Practice areas
Questions Presented
- Whether the Wisconsin Supreme Court should grant leave to commence an original action concerning alleged violations of Wisconsin election laws in the administration and counting of absentee ballots.
- Whether the Democratic National Committee and proposed Biden electors should be permitted to intervene.
Holdings
- The petition for leave to commence an original action was denied.
- The motion to intervene was denied as moot.
Key quotations
“One or more appeals from the determination(s) of one or more boards of canvassers or from the determination of the chairperson of the Wisconsin Elections Commission may be filed by an aggrieved candidate in circuit court.” (at 2)
“Following this law is not disregarding our duty, as some of my colleagues suggest. It is following the law.” (at 3)
Factual background
Petitioners challenged the administration and counting of absentee ballots in Wisconsin's November 3, 2020 presidential election. They identified four categories of allegedly unlawful absentee votes, including ballots associated with insufficient written requests, completion of missing ballot-envelope information by clerks, indefinitely confined voter status, and early ballot collection at Madison's Democracy in the Park events. Petitioners had raised objections during recount proceedings in Dane and Milwaukee Counties, but the objections were overruled.
Procedural history
Petitioners filed an emergency petition for leave to commence an original action under Wis. Stat. § 809.70. Responses were filed by Governor Evers, the Wisconsin Elections Commission and its chair, and officials from the Dane County and Milwaukee County boards of canvassers. The Wisconsin Supreme Court denied the petition and denied the Democratic National Committee and proposed Biden electors' motion to intervene as moot.