Elections

Wisconsin Supreme Court takes Trump campaign lawsuit after lower court upholds recount results

December 11, 2020 10:42 AM

Associated Press, Site staff,

Posted: December 11, 2020 10:42 AM

Updated: December 11, 2020 8:15 PM

MADISON, Wis. — The Wisconsin Supreme Court has bypassed a lower appeals court and scheduled oral arguments for Saturday in a Trump campaign lawsuit, thrown out earlier Friday by a Racine County judge.

Judge Stephen Simanek had affirmed the presidential recount results in Dane and Milwaukee Counties Friday morning, delivering the fifth blow to lawsuit efforts from the Trump campaign and allies in Wisconsin in just over a week.

“The court should do everything in its power to ensure the will of the voters prevails,” Judge Stephen Simanek said, ruling from the bench.

President Donald Trump’s campaign had returned to a Wisconsin court to argue for the state’s election results to be overturned. Friday’s hearing came with the Electoral College vote just three days away and a skeptical federal judge nearing a ruling on a similar case.

Trump was pushing to overturn Joe Biden’s narrow win in Wisconsin with both a state and federal lawsuit in courts there and as part of a broader lawsuit filed with the U.S. Supreme Court by the Texas attorney general.

“The determination of the court is that the petitioner, appellants here have not demonstrated that an erroneous interpretation of Wisconsin early voting laws happened here and, in the complaint there really is no allegation here of widespread fraud. That’s not the issue,” Judge Simanek said. “There’s no credible evidence of any misconduct or widescale fraud. At issue here simply is whether or not the recount occurred in compliance with Wisconsin election laws.”

Time is running out for an appeal on the case, with the Electoral College scheduled to meet Monday to cast their ballots. Trump campaign lawyers indicated in Friday’s hearing that they do plan to appeal the decision in the Wisconsin Supreme Court.

wisc-ap-2019