MADISON, Wis. — The Wisconsin Supreme Court won’t hear a challenge from the Trump campaign seeking to toss hundreds of thousands of ballots in Wisconsin.
But that’s not the only legal challenge Trump’s team is looking at after the campaign filed a federal lawsuit Wednesday night.
Wisconsin Attorney General Josh Kaul, a Democrat, feels certain courts will stick to the long-standing principle of not changes election rules too close to an election – let alone afterward.
“I’ve seen these described as Hail Mary passes,” he said. “I think that actually overstates how likely these are to succeed. It’s more like trying to kick a 90-yard field goal. It’s just not going to happen.”
The federal lawsuit asks a judge to allow the state legislature to pick the state’s 10 electors, arguing the law gives the legislature the role.
“Our legislature passed our election laws,” Kaul said. “That’s how this election was conducted. That’s the role the legislature plays in this process.”
State law allows parties to pick electors, something that Democrats, Republicans and the Constitution Party did in October.
The lawyer’s reasoning is based off the same ideas that challenged results in Dane and Milwaukee counties and led to recounts, again taking issue with drop boxes, in-person absentee voting and the provision that allows elderly voters and voters with disabilities to cast their ballots from home.
“There are a lot of people who are indefinitely confined who vote that way because they need to vote that way,” Kaul said. “It’s not appropriate for our court system to take away their right to vote.”
The filing targets more cities than one in state Supreme Court that justices decided not to hear.
They ruled the case needed to go through lower courts first, though some justices still wanted to decide on questions the Trump campaign raised, such as if guidance from the state elections commission is in line with state law.
Justices could have another chance at that.
The Trump campaign said it would file in lower courts in Dane and Milwaukee counties. Courts are up against tight deadlines though, as state electors will cast their votes on Dec. 14.
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