In latest legal defeat, Trump loses bid to throw out more than 221,000 Wisconsin votes

U.S. President Donald Trump lost a Wisconsin lawsuit Friday seeking to disqualify more than 221,000 ballots and overturn his loss to Democrat Joe Biden in the battleground state, the latest in a string of legal defeats.

Reserve Judge Stephen Simanek ruled against every argument Trump made challenging ballots in the state’s two largest counties, saying the election was properly administered and that there was no wrongdoing as the president alleged.

“The bottom line here is that the court should do everything to ensure that the will of the voters prevail,” the judge said.

Trump quickly appealed the ruling and his attorney Jim Troupis said he would ask the conservative-controlled Wisconsin Supreme Court to take the case from the lower appeals court. Trump also has a federal lawsuit in Wisconsin where the judge could rule as soon as Friday.

The Wisconsin Supreme Court court previously refused to hear Trump’s state case before it went through the lower courts. A majority of justices have also openly questioned whether disqualifying the ballots, as Trump wants, would be appropriate.

The Wisconsin Supreme Court is seen during a virtual hearing on Nov. 16. (Wisconsin Supreme Court/Zoom via AP)

Trump has urged lower court judges to rule quickly in the cases so he can file appeals before the electoral college meets on Monday and casts Wisconsin’s 10 votes for Biden. That set up the possibility of a rare weekend ruling from the state Supreme Court.

Biden won Wisconsin by about 20,600 votes, a margin of 0.6 per cent that withstood a Trump-requested recount in the state’s two largest counties, Milwaukee and Dane. Trump did not challenge any ballots cast in the counties he won.

Trump wanted to disqualify absentee ballots cast early and in-person, saying there wasn’t a proper written request made for the ballots; absentee ballots cast by people who claimed “indefinitely confined” status; absentee ballots collected by poll workers at Madison parks; and absentee ballots where clerks filled in missing information on ballot envelopes.

Trump’s attorney Troupis argued that clerks in Milwaukee and Dane counties were wrong to rely on guidance from the Wisconsin Elections Commission on absentee ballots. He argued that guidance, some of which had been in place for years or was modified in reaction to the coronavirus pandemic to make it easier for indefinitely confined people to cast ballots, contradicted state law.

Election workers count absentee ballots into the early morning in Milwaukee at a central counting facility on Nov. 4. (Stephen Groves/The Associated Press)

Biden attorney John Devaney argued that everyone who voted in the presidential election did so “in full compliance of the laws that were in effect at the time of the election.” There is no evidence of fraud or illegal activity, he said. Devaney also said Trump “cynically” targeted ballots cast in Wisconsin’s two most urban, non-white counties for disqualification.

Devaney noted that no one challenged the laws that had been in place prior to this election, including Trump when he won the state in 2016.

The judge agreed with Biden’s attorneys that Wisconsin law was followed during the election and recount.

Trump and his allies have suffered a series of defeats in Wisconsin and across the country in lawsuits that rely on unsubstantiated claims of widespread fraud and election abuse. A Trump-appointed federal judge in Wisconsin said Thursday that the president’s lawsuit was “incredible,” “bizarre” and “very odd,” and that overturning the results would be “the most remarkable ruling in the history of this court or the federal judiciary.”

U.S. District Judge Brett Ludwig promised to issue his ruling as soon as Friday.

Also Friday, Republican-controlled committees in the state legislature held an invitation-only public hearing to accept testimony about the election. Republicans asked mainly conservative partisans to speak, including a Milwaukee talk radio host, but not the state’s top elections official or the head of elections in the city or county of Milwaukee. Democrats decried the hearing as a farce and stopped participating after about three hours of testimony.

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