{"id":2201,"date":"2021-12-08T03:01:10","date_gmt":"2021-12-08T03:01:10","guid":{"rendered":"https:\/\/archive.amarkfoundation.org\/the2020election\/?page_id=2201"},"modified":"2022-03-17T00:26:44","modified_gmt":"2022-03-17T00:26:44","slug":"voting-related-litigation-wisconsin","status":"publish","type":"page","link":"https:\/\/archive.amarkfoundation.org\/the2020election\/voting-related-litigation-wisconsin\/","title":{"rendered":"Voting-related Litigation: Wisconsin"},"content":{"rendered":"

1. Michael Langenhorst, et al. v. Laure Pecore, et al.<\/span><\/strong><\/h3>\n

(Filed November 12, 2020, 1:20-cv-01701<\/a>; Voluntarily dismissed November 16, 2020, 1:20-cv-01701<\/a>)<\/span><\/em><\/p>\n

US District Court: Michael Langenhorst, et al. v. Laure Pecore, et al.<\/a>,<\/em> a Complaint for Declaratory and Injunctive Relief, was filed on November 12, 2020, in the US District Court for the Eastern District of Wisconsin, and assigned to Judge William C. Griesbach, who was appointed by Republican<\/strong> George W. Bush. Three Wisconsin voters sought to exclude presidential election results in counties that they claim had sufficient illegal ballots to change or place the results in question. On November 16, 2020, Plaintiffs voluntarily dismissed<\/a> their complaint.<\/p>\n

Issues:<\/strong> Illegal voters (unregistered, out-of-state, dead)<\/p>\n

Outcome:\u00a0<\/strong>Since the Plaintiffs voluntarily dismissed their appeal, this is considered a loss.<\/p>\n

 <\/p>\n

2. In the matter of: A Recount of the General Election for President of the United States held on November 3, 2020, subsequently captioned Donald J. Trump, et al. v. Joseph R. Biden, et al.<\/span><\/strong><\/h3>\n

(Petition for Recount<\/a> filed November 18, 2020<\/span>; Recount allowed November 19, 2020, Recount EL 20-01<\/a>; Appeal filed<\/a> on December 3, 2020; Results affirmed<\/a> on appeal December 11, 2020, 2020 cv 7092; Cert. denied\u00a0February 22, 2021, 20-882<\/a>)<\/span><\/span><\/em><\/p>\n

Wisconsin Elections Commission: In the matter of: A Recount of the General Election for President of the United States held on November 3, 2020, a Petition for Recount<\/a>,<\/em> was filed\u00a0by Donald J. Trump and Michael R. Pence on November 18, 2020, with the Wisconsin Elections Commission (WEC). The Petitioners requested a vote recount in the Presidential election of November 3, 2020, from two counties: Milwaukee and Dane. The WEC allowed the recount<\/a> on November 19, 2020. Contested absentee ballots were included in the final vote totals.<\/p>\n

Wisconsin Circuit Court, Milwaukee County: Donald J. Trump, et al. v. Joseph R. Biden, et al.<\/a>,<\/em> a Notice of Appeal, was filed on December 3, 2020, in the Wisconsin Circuit Court, Milwaukee County, by Petitioners Trump and Pence who objected to the decision by the Milwaukee County Elections Commission to include contested absentee ballots in vote totals.<\/p>\n

Wisconsin Circuit Court, Dane County: Donald J. Trump, et al. v. Joseph R. Biden, et al.,<\/a><\/em> a Notice of Appeal, was filed on December 3, 2020, in the Wisconsin Circuit Court, Dane County, by Petitioners Trump and Pence who objected to the decision by the Dane County Board of Canvassers to include contested absentee ballots in vote totals.<\/p>\n

The Hon. Patience Roggensack, a\u00a0Republican<\/strong>, of the Wisconsin Supreme Court,\u00a0consolidated<\/a> the Dane County appeal with Petitioners\u2019 appeal filed in Milwaukee County.<\/p>\n

Wisconsin Circuit Court, Milwaukee County:<\/em> After putting up the required $3 million bond and surety, Petitioners filed<\/a> their complaint on December 7, 2020, in Wisconsin Circuit Court, Milwaukee County, seeking to set aside the final recount determinations in Milwaukee County and Dane County. The Hon. Stephen A. Simanek (party affiliation not found<\/strong>) was assigned to the case. On December 11, 2020, in an oral decision, Judge Simanek affirmed<\/a> the decisions of the Milwaukee County Elections Commission and the Dane County Board of Canvassers because the record contained no credible evidence of misconduct by election officials or wide-scale fraud during the election.<\/p>\n

Wisconsin Court of Appeals:<\/em> On December 11, 2020, Petitioners filed a Notice of Appeal of Judge Simanek\u2019s decision in the Wisconsin Court of Appeals.<\/p>\n

State Supreme Court:<\/em> Also on December 11, 2020, Petitioners filed<\/a> a Petition to Bypass the Court of Appeals Review of Decision of Circuit Court in the Wisconsin Supreme Court for review of Judge Simanek\u2019s decision. The Wisconsin Supreme Court granted the Petition to Bypass and took jurisdiction of the case. On December 14, 2020, the court affirmed<\/a> Judge Simanek\u2019s decision. The majority opinion was written by the Hon. Brian Hagedorn, a Republican<\/strong>, and joined by the Hon. Ann Walsh Bradley, the Hon. Rebecca Frank Dallet and the Hon. Jill Korofsky, all Democrats<\/strong>. The dissenting judges were the Hon. Patience Roggensack, the Hon. Rebecca Grassl Bradley and the Hon. Annette K. Ziegler, all Republicans<\/strong>.<\/p>\n

US Supreme Court:<\/em> On December 29, 2020, Petitioners filed<\/a> a Petition for Writ of Certiorari in the US Supreme Court. On February 22, 2021, the court denied<\/a> the petition.<\/p>\n

Issues:<\/strong> Vote-by-mail (ballots issued without application, incomplete\/altered envelopes, surge of “indefinitely confined” voters); Recount procedure (contested absentee ballots counted)<\/p>\n

Outcome:<\/strong> The Plaintiffs lost.<\/p>\n

 <\/p>\n

3. Wisconsin Voters Alliance, et al. v. Wisconsin Elections Commission, et al.<\/span><\/strong><\/h3>\n

(Filed November 23, 2020, 2020AP1930<\/a>; Denied December 4, 2020, 2020AP1930<\/a>)<\/span><\/em><\/p>\n

State Supreme Court: Wisconsin Voters Alliance, et al. v. Wisconsin Elections Commission, et al.<\/a>,<\/em> an Emergency Petition for Leave to Commence an Original Action, was filed on November 23, 2020, in the Wisconsin Supreme Court. Petitioners claimed that private funding contributed to massive amounts of illegal absentee ballots being cast in the November 3, 2020, General Election and sought to invalidate the results of the Presidential election in Wisconsin. On December 4, 2020, the court denied<\/a> the petition because the Supreme Court, being a court of review, was not the appropriate forum for determining the issues of fact that existed in the case. The Hon. Brian Hagedorn, a Republican<\/strong>, wrote the majority opinion which was joined by the Hon. Ann Walsh Bradley, the Hon. Rebecca Frank Dallet, and the Hon. Jill J. Karofsky, all Democrats.<\/strong> The Hon. Patience D. Roggensack, the Hon. Annette Kingsland Ziegler, and the Hon. Rebecca Grassl Bradley, all Republicans<\/strong>, dissented.<\/p>\n

Issues:<\/strong> Vote-by-mail (illegal ballots added to results)<\/p>\n

Outcome:<\/strong> The Plaintiffs lost.<\/p>\n

 <\/p>\n

4. Dean W. Mueller v. Ann S. Jacobs (Wisconsin Election Commissioners) et al.<\/span><\/strong><\/h3>\n

(Filed November 27, 2020, 2020AP1958<\/a>; Denied December 3, 2020, 2020AP1958<\/a>)<\/span><\/em><\/p>\n

State Supreme Court: Dean W. Mueller v. Ann S. Jacobs, et al.<\/a>,<\/em> titled as an Emergency Petition for Original Action, was filed<\/a> on November 27, 2020, in the Wisconsin Supreme Court by an individual voter. The Petitioner sought to block certification of the state results from the November 3, 2020, General Election, alleging the Election Commission allowed the use of drop boxes without proper rule-making authority. The Petitioner asked the court to direct the legislature to either hold a new election before December 14, 2020, or appoint the slate of electors for the state. On December 3, 2020, the petition was denied<\/a> by a court majority that included the Hon. Brian Hagedorn, a Republican<\/strong>, and the Hon. Ann Walsh Bradley, the Hon. Rebecca Frank Dallet, and the Hon. Jill J. Karofsky, all Democrats.<\/strong> A dissent was written by the Hon. Patience D. Roggensack, the Hon. Annette Kingsland Ziegler, and the Hon. Rebecca Grassl Bradley, all Republicans<\/strong>.<\/p>\n

Issues:<\/strong> Vote-by-mail (drop boxes)<\/p>\n

Outcome:<\/strong> The Plaintiff lost.<\/p>\n

 <\/p>\n

5. William Feehan, et al. v. Wisconsin Elections Commission, et al.<\/span><\/strong><\/h3>\n

(Filed December 1, 2020, <\/i><\/span>2:20-cv-1771<\/a>;\u00a0<\/i><\/span>Dismissed<\/i>\u00a0December 9, 2020 for standing<\/a>; Dismissed as moot \u00a0February 16, 2021, <\/i><\/span>2:20-cv-1771<\/a>;\u00a0<\/i>Attorneys\u2019 fees pending as of February 1, 2022<\/span>)<\/span><\/p>\n

US District Court: William Feehan, et al. v. Wisconsin Elections Commission, et al.<\/a>,<\/em> a Complaint for Declaratory, Emergency, and Permanent Injunctive Relief, was filed on December 1, 2020, in the US District Court for the Eastern District of Wisconsin. Feehan, a Republican presidential elector nominee, claimed Defendants violated the Election Code by using Dominion voting machines, allowing election workers to correct ballots, and partaking in other activities during the November 3, 2020, General Election. The complaint was amended, making Feehan the sole plaintiff. Plaintiff sought decertification of the election. The judge assigned to the case was the Hon. Pamela Pepper, a Democratic<\/strong> appointee. On December 9, 2020, the court dismissed<\/a> the amended complaint because the Plaintiff did not have standing to sue in federal court on a state election claim.<\/p>\n

US Court of Appeals:<\/em> On December 15, 2020, the Plaintiff filed an appeal of Judge Pepper\u2019s decision in the US Court of Appeals for the Seventh Circuit. The judges assigned to the case were the Hon. Michael S. Kanne, a Republican<\/strong> appointee, the Hon. David F. Hamilton, a Democratic<\/strong> appointee, and the Hon. Michael Y. Scudder, a Republican<\/strong> appointee. On January 25, 2021, the Defendants filed<\/a> a Joint Motion to Dismiss Based on Mootness because the election results had been certified and President Biden had been sworn in. On February 1, 2021, the court vacated<\/a> the decision of the District Court and remanded the case to be dismissed as moot.<\/p>\n

US District Court:<\/em> On February 16, 2021, Judge Pepper, per the mandate from the US Court of Appeals, vacated<\/a> her decision of December 9, 2020, and dismissed Plaintiff\u2019s amended complaint based on mootness. On March 31, 2021, Defendant Evers filed a<\/span> Motion for Attorneys\u2019 Fees, requesting that Plaintiff or his attorneys pay over $100,000 in attorneys\u2019 fees to the State of Wisconsin. The issue of attorneys\u2019 fees was pending as of February 1, 2022.<\/span><\/p>\n

Issues:<\/strong> Election procedure (workers corrected ballots; Voting machines (fraud); Vote-by-mail (fraud, ballots missing address)<\/p>\n

Outcome:<\/strong> The Plaintiff lost.<\/p>\n

 <\/p>\n

6. Donald Trump, et al. v. Anthony S. Evers, et al.<\/span><\/strong><\/h3>\n

(Filed December 1, 2020, 2020AP1971<\/a>; Denied December 3, 2020, 2020 AP1971<\/a>)<\/span><\/em><\/p>\n

State Supreme Court: Donald J. Trump, et al. v. Anthony S. Evers, et al.<\/a>,<\/em> a Petition for Original Action, was filed\u00a0on December 1, 2020, in the Wisconsin Supreme Court. Petitioners sought to decertify the results from the November 3, 2020, General Election and to specifically exclude votes from Milwaukee and Dane counties, claiming the Election Commission allowed election workers to alter absentee ballots and perform other allegedly illegal acts. Petitioners had filed an objection during canvassing in Milwaukee and Dane Counties, but it was dismissed. On December 3, 2020, the petition was denied<\/a> by a majority of the court that included the Hon. Brian Hagedorn, a Republican<\/strong>, and the Hon. Ann Walsh Bradley, the Hon. Rebecca Frank Dallet, and the Hon. Jill J. Karofsky, all Democrats<\/strong>, ruling that the Supreme Court, a court of review, was not the appropriate forum to determine the issues of fact that existed in this case. Dissents were either written or joined by the Hon. Patience D. Roggensack, the Hon. Annette Kingsland Ziegler and the Hon. Rebecca Grassl Bradley, all Republicans<\/strong>.<\/p>\n

Issues:<\/strong> Vote-by-mail (ballots given without application, ballots missing information, claims of “indefinite confinement” status)<\/p>\n

Outcome:<\/strong> The Plaintiffs lost.<\/p>\n

 <\/p>\n

7. Donald J. Trump v. Wisconsin Elections Commission<\/strong><\/span><\/h3>\n

(Filed December 2, 2020, 2:20-cv-1785<\/a>; Dismissed with prejudice December 12, 2020, 2:20-cv-1785;<\/a>\u00a0Cert. denied March 8, 2021, 20-883<\/a>)<\/span><\/em><\/p>\n

US District Court: Donald J. Trump v. Wisconsin Elections Commission<\/a>,<\/em> a Complaint for Expedited Declaratory and Injunctive Relief, was filed on December 2, 2020, in the US District Court for the Eastern District of Wisconsin. The Plaintiff alleged that constitutional violations during the administration of the November 3, 2020, General Election tainted more than 50,000 ballots and requested that the state results be thrown out in favor of the Wisconsin legislature choosing the winner of its electoral votes. The case was assigned to the Hon. Brett H. Ludwig, a Republican<\/strong> appointee. On December 12, 2020, the court dismissed<\/a> the complaint with prejudice, concluding that Wisconsin officials followed state laws when they conducted the election such that Plaintiff had no valid Electors Clause claim.<\/p>\n

US Court of Appeals:<\/em> On December 14, 2020, Plaintiff filed<\/a> an appeal in the US Court of Appeals for the Seventh Circuit for review of Judge Ludwig\u2019s decision. On December 24, 2021, the court affirmed<\/a> Judge Ludwig\u2019s decision. The opinion was issued by the Hon. Joel Flaum, the Hon. Ilana Rovner and the Hon. Michael Scudder, all Republican<\/strong> appointees.<\/p>\n

US Supreme Court:<\/em> On December 30, 2020, Plaintiff filed<\/a> a Petition for Writ of Certiorari in the US Supreme Court. On March 8, 2021, the court denied<\/a> Plaintiff\u2019s petition.<\/p>\n

US District Court:<\/em> On March 31, 2021, Defendant Evers filed<\/a> a Motion for Attorneys\u2019 Fees, Costs and Sanctions, requesting that Plaintiff or his attorneys pay over $100,000 in attorneys\u2019 fees and costs to the State of Wisconsin. On December 6, 2021, the court ruled<\/a>, “In the end, all three groups\u2019 requests for fees must be denied because the Court lacks jurisdiction to grant them.”<\/p>\n

Issues:<\/strong> Vote-by-mail (sent without request, ballots missing information, certain absentee ballots missing voter ID check); Election procedure (law violation)<\/p>\n

Outcome:<\/strong> The Plaintiff lost.<\/p>\n

 <\/p>\n

8. In Re: William Feehan<\/span><\/strong><\/h3>\n

(Filed December 15, 2020, 20-859<\/a>; Writ of Mandamus denied March 1, 2021, 20-859<\/a>)<\/span><\/em><\/p>\n

US Supreme Court: In Re: William Feehan<\/a>,<\/em> an Emergency Petition Under Rule 20 For Extraordinary Writ of Mandamus, was filed in the US Supreme Court on December 15, 2020, the same day that Plaintiff Feehan filed an appeal of Judge Pepper\u2019s decision in the US Court of Appeals for the Seventh Circuit in Feehan v. Wisconsin Elections Commission, et al.<\/a>,<\/em> 2:20-cv-1771. The petition, filed by a Republican presidential elector nominee, sought the decertification of Wisconsin election results from the November 3, 2020, General Election for alleged illegally cast ballots. On March 1, 2021, the court denied<\/a>\u00a0the petition.<\/p>\n

Issues:<\/strong> Fraud (ballots for Biden added, Trump votes destroyed); Vote-by-mail (illegal ballots counted, illegal ballot curing); Voting machines (fraud)<\/p>\n

Outcome:<\/strong> The Plaintiff lost.<\/p>\n

Back to voting-related litigation<\/span><\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

1. Michael Langenhorst, et al. v. Laure Pecore, et al. (Filed November 12, 2020, 1:20-cv-01701; Voluntarily dismissed November 16, 2020, 1:20-cv-01701) US District Court: Michael Langenhorst, et al. v. Laure Pecore, et al., a Complaint for Declaratory and Injunctive Relief, was filed on November 12, 2020, in the US District Court for the Eastern District […]<\/p>\n

Read More… from Voting-related Litigation: Wisconsin<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_coblocks_attr":"","_coblocks_dimensions":"","_coblocks_responsive_height":"","_coblocks_accordion_ie_support":"","jetpack_post_was_ever_published":false,"footnotes":""},"class_list":["post-2201","page","type-page","status-publish","hentry"],"yoast_head":"\nVoting-related Litigation: Wisconsin - 2020Election<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/archive.amarkfoundation.org\/the2020election\/voting-related-litigation-wisconsin\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Voting-related Litigation: Wisconsin - 2020Election\" \/>\n<meta property=\"og:description\" content=\"1. 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