Trump v Wisconsin SCOTUS conference March 5, 2021 Petition for a writ of certiorari, “did count, tens of thousands of invalid absentee ballots”
“¶23 The plain language of Wis. Stat. § 6.86(2)(a) requires
that each elector make an individual assessment to determine
whether he or she qualifies as indefinitely confined or disabled
for an indefinite period. A county clerk may not “declare” that
any elector is indefinitely confined due to a pandemic. This
conclusion is supported by two distinct, but equally important,
reasons.”…Wisconsin Supreme Court
“Administrative changes in Wisconsin election put tens of thousands of votes in question. From allowing clerks to fix spoiled ballots to permitting voters to escape ID rules, Wisconsin election officials took actions that were not authorized by legislature.”...Just The News Nov 8
From the SCOTUS, United States Supreme Court
Donald J. Trump v. Wisconsin Elections Commission, et al.
from the United States Court of Appeals for the Seventh Circuit
Distributed for conference of 3/5/2021
|Dec 30 2020||Petition for a writ of certiorari filed.|
“After Election Day, Respondents encouraged the
counting of, and did count, tens of thousands of invalid absentee ballots received in violation of the “mandatory” requirement of Wis. Stat. § 6.84(2) that absentee ballots “in contravention of the [specified statutory absentee balloting] procedures…may not be counted.”
The foregoing raises the following questions:
1. Whether WEC and local election officials violated Art. II, § 1, cl. 2 of the United States Constitution and the Fourteenth Amendment’s guarantee of
Equal Protection during the 2020 Presidential election by implementing unauthorized absentee voting practices in disregard of the Wisconsin Legislature’s explicit command that absentee voting must be “carefully regulated” and absentee ballots cast outside of the Legislature’s authorized procedures “may not be counted”?
2. Whether this Court should declare the Wisconsin election unconstitutional and void under Article II and thus failed under 3 U.S.C. § 2 and allow the Wisconsin Legislature to appoint its electors?
3. Whether federal courts may rely on the doctrine of laches to avoid reviewing Electors Clause or Equal Protection claims arising after absentee balloting began or which could not have reasonably been brought before absentee balloting commenced?
From the Wisconsin Legislature January 4, 2021.
January 4, 2021 – Introduced by Representative Allen.
***AUTHORS SUBJECT TO CHANGE***
Relating to: addressing election law violations.
Whereas, in the United States, the power to govern is given by the people
through the process of democratic elections. It is by this process that our government obtains legitimacy; and
Whereas, we have three branches of government, and the legislative branch,
consisting of duly elected representatives of the people, is the branch charged with the power to write the laws. It is through this process that our government maintains legitimacy; and
Whereas, when the executive branch or administrative agencies charged with
enforcing the laws instead choose to step outside of the law, or go beyond the law, or stretch the law to something other than what is written, the legitimacy of the government begins to erode; and
Whereas, the 2020 election and the recount of the results of the presidential
election have brought to light a number of areas in which the letter of the law is not being followed. Those circumstances of departure from the letter of the law include, but are not limited to, the following:
1. Clerks provided absentee ballots to electors without applications, as
required by Wis. Stat. § 6.86.
2. Clerks and deputy clerks authorized by the municipal clerk failed to write
on the official ballot, in the space for official endorsement, the clerk’s initials and
official title, as required by Wis. Stat. § 6.87 (1).
3. Clerks issued absentee ballots to electors who were required to enclose a copy
of proof of identification or an authorized substitute document, but who failed to do so under Wis. Stat. § 6.87 (1).
4. Clerks failed to enter initials on ballot envelopes indicating whether the
elector is exempt from providing proof of identification, as required by Wis. Stat. § 6.87 (2).
5. Clerks in Milwaukee and Dane Counties declared electors in their counties
to be “indefinitely confined” under Wis. Stat. § 6.86 (2), causing chaos and confusion, and failed to keep current the mailing list established under that subsection; more than 215,000 electors thus avoided identification requirements and safeguards that the legislature has established.
6. Clerks and the boards of canvassers permitted absentee ballots returned
without the required witness address under Wis. Stat. § 6.87 (2) to be counted in
contravention of Wis. Stat. § 6.87 (6d).
7. Clerks who received absentee ballots with improperly completed certificates
or no certificates filled in missing information in contravention of Wis. Stat. § 6.87 (9).
8. The Wisconsin Elections Commission, in contravention of Wis. Stat. § 6.875,
barred special voting deputies from entering qualified nursing homes and assisted living facilities, instead mailing ballots to residents directly, thereby avoiding safeguards the legislature put in place to protect our most vulnerable citizens and loved ones.
9. The clerk of the City of Madison ignored Wis. Stat. § 6.855 and created an
event named “Democracy in the Park” and, of her own accord, designated alternate sites where absentee ballots could be collected; these ballots were counted in contravention of Wis. Stat. § 6.87 (6); and
Whereas, without legitimacy, the government of the people, by the people, and
for the people shall not stand. Instead, our government will devolve into a system of coercion and bribery that seeks to use the guise of elections to hold a degree of credibility; and
Whereas, the people of Wisconsin are demanding that the legislature address
questions of legitimacy; now, therefore, be it
Resolved by the assembly, That: the Wisconsin State Assembly recognizes
that the most important function for a government is to conduct fair and honest
elections that follow the duly enacted law; and, be it further
Resolved, That when there are significant portions of the population that
question the integrity of the elections due to the failure of election officials to follow the letter of the law, it is incumbent upon the legislature to address the issues that are in question; and, be it further
Resolved, That the members of the Wisconsin State Assembly place the
redress to these and other election law violations and failed administrative procedures as its highest priority and shall take up legislation crafted to ensure civil officers follow the laws as written.