No Dominion voting machines
in Dane or Milwaukee counties
The Trump campaign’s failed appeal to the WI Supreme Court has never been better explained than by Andrew McCarthy in National Review.
It is generally known that the state’s high court turned down that President’s appeal by a 4 to 3 vote and damn that Brian Hagedorn, the supposedly conservative justice who voted with the three liberals. Some good conservatives are talking recall. They were hoodwinked!
But the National Review’s McCarthy reports that the court’s denial of the claim was actually much more decisive than a single justice’s vote.
The Trump appeal was ably represented by retired judge James Troupis. Their point was that state legislatures, not bureaucrats at the Elections Commission, prescribe how elections are conducted — that the plain-letter statutes on absentee and early voting had been violated. McCarthy:
State law deems election integrity paramount. The most secure means of voting is to have voters physically cast a ballot at the polling place. In-person voting is considered a right; thus, when doubt arises about a vote’s propriety, the law leans in favor of counting the vote. To the contrary, absentee voting is considered a privilege. It does not get the same benefit of the doubt as in-person voting. If an absentee ballot does not comply with the conditions prescribed by the legislature, state law says it shall not count.
McCarthy raises a point the Werkes has made:
‘No fraud on the part of the voters [was] alleged. All of these claims involve voters who, with no cause to believe otherwise, cast ballots on the assumption that state officials were acting lawfully.’
⇒ I.E., it’s not as if voters voted twice, forged ballots, or were ineligible as felons or aliens to vote. An analogy is the traffic sign reads “55 mph” but the arresting officer says local ordinance specifies 35 mph for that thoroughfare. The government is at fault, not the driver/voter.
The achilles heel of Trump’s appeal
McCarthy contends that the Trump campaign’s proposal to disenfranchise likely Biden voters in the two counties while counting flawed ballots cast by likely Trump voters in the other 70 counties itself violated the campaign’s interpretation of the U.S. Supreme Court’s decision in Bush v. Gore 2000 — “a point that was not lost on the Wisconsin Supreme Court.”
Trump contested four categories of absentee votes:
- 28,395 votes that made generous claims to “indefinite confinement” due to Covid-19. Court voted 7 to 0 against Trump’s position.
- 170,151 absentee ballots submitting through faulty application forms supplied by the clerk but used statewide. Court rejected Trump’s challenge 7 to 0.
- 5,517 ballots on which clerks completed zip codes etc. on absentee ballot witness addresses. 4-3 against Trump.
- 17,271 submitted absentee ballots through “Democracy in the Park” events in Madison, rather than the clerk’s office, weeks before Election Day. 4-3 against Trump.
Even if Hagedorn had flipped to Trump on #C and #D, the combined 22,788 votes wouldn’t have flipped the election that Biden won by 20,682 — considering that a great many of those ballots would have been cast for Trump.
McCarthy’s Bottom Line: The legislature should reaffirm that Wisconsin favors in-person voting.