MADISON, Wis. — A lawsuit has been launched by Wisconsin Republicans seeking a judicial ruling to address a conflict between state and federal legislation concerning the date when Wisconsin’s electors should gather to cast the state’s 10 Electoral College votes for President-elect Donald Trump.
According to state law, the electors are scheduled to convene on the first Monday following the second Wednesday in December, which falls on December 16 this year. However, federal regulations stipulate that the meeting must occur on the first Tuesday after the second Wednesday, making the date December 17 in 2020.
The Wisconsin Republican Party filed the lawsuit in U.S. District Court on Friday, requesting that the court mandate adherence to federal law, thereby requiring the electors to cast their votes on December 17. The lawsuit characterizes the provisions of state law as unconstitutional and unenforceable, asserting that they should be rendered invalid.
The complaint emphasizes the potential for contesting the votes if the electors fail to adhere to federal guidelines regarding the timing of their voting session.
In acknowledgment of this legal conflict, the Republican-controlled state legislature had attempted to align state laws with federal requirements during the previous legislative session. While the Wisconsin Senate passed a corresponding bill by a vote of 31-1, it ultimately did not reach a vote in the Assembly.
This legal action has been initiated against prominent figures including Governor Tony Evers, Attorney General Josh Kail, and Meagan Wolfe, the Wisconsin Elections Commission Administrator. Representatives for these officials have opted not to comment on the lawsuit at this time.
The proposed change in the meeting date follows the enactment of a federal law in 2022 that was enacted with bipartisan support to overhaul the regulations governing the certification of presidential election results. This reform was a response to the events surrounding the January 6, 2021, insurrection as well as Donald Trump’s unsuccessful efforts to retain power.
The newly established law revises regulations that date back to the 1800s, determining how states and Congress certify electors and declare presidential election victors, emphasizing that the role of the vice president in this process is largely ceremonial and does not grant the authority to alter election outcomes.
Additionally, the statute specifies that each state is limited to sending only one certified slate of electors to Congress, in light of earlier attempts by Trump supporters to assemble alternative, non-legitimate elector sets in Wisconsin and other key states that voted for President Joe Biden.
As of mid-October, fifteen states had successfully amended their laws to comply with this federal legislation, as reported by the National Conference of State Legislatures.
