Daily Southtown (Sunday)

Trump losesWisco­nsin lawsuit calling for absentee ballots to be tossed

- By Scott Bauer

MADISON, Wis. — President Donald Trump lost a federal lawsuit Saturday while his attorney was arguing his case before a skeptical Wisconsin Supreme Court in another lawsuit that liberal justices said “smacks of racism” and would disenfranc­hise hundreds of thousands of voters only in the state’s most diverse counties.

U.S. District Judge Brett

Ludwig, a Trump appointee, dismissed Trump’s federal lawsuit asking the court to order the Republican-controlled Legislatur­e to name Trump the winner over Democrat Joe Biden. The judge said Trump’s arguments “fail as amatter of law and fact.”

The ruling came as Trump attorney Jim Tro up is faced a barrage of questions about his claims from both liberal and conservati­ve justices on the Wisconsin Supreme Court. Troupis asked the court to toss more than 221,000 absentee ballots, including his own, saying they were cast fraudulent­ly based on incorrect interpreta­tions of the law by elections officials.

“What you want is for us to overturn this election so that your king can stay in power,” said liberal Justice Jill Karofsky. “That is so un-American.”

Conservati­ve justices appeared to be sympatheti­c to some issues raised by Trump, but also questioned­howtheycou­ld fairly disqualify ballots only in the two counties where Trump sought a recount and not other counties where the same procedures were followed.

Biden attorney John Devaney said tossing any ballots in just those two counties would be a violation of the Constituti­on’s equal protection clause.

Trump is challengin­g ballots only in Milwaukee and Dane counties, the state’s most liberal counties with the largest non-white population­s. He is not challengin­g any votes in more conservati­ve counties where hewon.

“This lawsuit, Mr. Troup is, smacks of racism,” Karofsky said. “I do not know how you can come before this court and possibly ask for a remedy that is unheard of in U.S. history. ... It is not normal.”

Conservati­ve Justice Rebecca Bradley implied that the court must not allow for ballots to be counted if they were cast contrary to the law.

But she questioned how the court could fairly disqualify more than28,000 ballots cast by people who said they were indefinite­ly confined, given that some were.

Thecourt in March said it was up to individual voters to determine whether they were “in definitely confined ,” a designatio­n allowed voters to cast absentee ballots without showing a valid photo ID.

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