Wisconsin Voters Sue State’s ‘Fake Electors’ Who Fought 2020 Election Result

Topline

A group of Wisconsin voters filed a lawsuit in state court Tuesday against the “fake” electors who submitted alternate election results to Congress claiming former President Donald Trump won in 2020, the first such lawsuit filed against any state’s “fake electors” as the voters try to stop the scheme from happening again in the future.

Key Facts

The plaintiffs, which include several legitimate electors who elected President Joe Biden in Wisconsin’s Electoral College vote, sued 10 GOP electors who cast alternate votes for Trump, as well as two attorneys who aided their efforts.

The lawsuit alleges the fake electors’ actions constituted a civil conspiracy and an illegal public nuisance, and were in violation of a law that makes it illegal to “usurp, intrude into or unlawfully hold or exercise any public office” in the state.

The alternate electors met at the same time as the official ones and created their own slate of electoral votes showing Trump won, and then transmitted those results to state and federal officials—despite knowing they “were not duly elected presidential electors” and had no authority to do so, the lawsuit alleges.

Plaintiffs are asking the court to force the defendants to pay up to $2.4 million in damages and for the court to issue a declaration that they acted unlawfully, as well as an injunction “both correcting the historical record and preventing defendants from engaging in similar violations in the future.”

Suing the false electors is intended as a deterrent for future elections, attorney for the plaintiffs Jeffrey Mandell told the Associated Press, saying it’s “essential to have accountability and to make sure this doesn’t happen again.”

Crucial Quote

“Defendants not only helped lay the groundwork for the events of January 6, 2021, but also inflicted lasting damage on Wisconsin’s civic fabric,” the lawsuit argues, adding that if voters “believe that their votes can be overridden by the scheming of partisan actors, they will have little incentive to participate in the political process.” “Although Defendants were unsuccessful in having their fake ballots counted, they caused significant harm simply by trying, and there is every reason to believe that they will try again if given the chance,” the lawsuit continues.

Chief Critic

The electors named in the lawsuit have not yet responded to the litigation. Alternate electors have defended their actions in the past by claiming the effort was meant to “preserve” Trump’s win in case Biden’s victory was voided, rather than directly overturn the results. “Had we not meet [sic] today and cast our votes, the President’s pending election contest would have been effectively mooted,” David Shafer, one of Georgia’s alternate electors, said on Twitter the day they met in December 2020. “Our action today preserves his rights under Georgia law.”

Key Background

Wisconsin is one of seven states that submitted slates of alternate electors showing a Trump win—along with Arizona, Georgia, Michigan, New Mexico, Nevada and Pennsylvania—as part of a broader effort to overturn President Joe Biden’s win. The scheme has been linked to the Trump campaign itself and was reportedly led by Trump attorney Rudy Giuliani, and Trump adviser Stephen Miller pushed the effort on Fox News as it was playing out. The fake electors have come under increasing scrutiny in more recent months, however, after the House January 6 committee released documents in December showing former White House Chief of Staff Mark Meadows was involved in discussions about the plot. While the Wisconsin lawsuit was the first civil case to be brought against any fake electors, the Justice Department has previously said it’s investigating the effort, as have several state officials, and the House January 6 committee has issued subpoenas to many of the officials. Michigan Attorney General Dana Nessel noted the false documents could constitute illegal forgery of public records and election documents, and experts told NBC News it’s possible the electors could be subject to criminal conspiracy charges in addition to the civil ones outlined in the Wisconsin challenge.

Further Reading

Fake GOP Electors Subpoenaed By January 6 Committee (Forbes)

Meadows Pushed For ‘Alternate Slate Of Electors’ Following Trump’s Loss, Documents Show (Forbes)

Federal prosecutors examine slates that offered Trump electoral votes in states Biden won in 2020 (Washington Post)

Conspiracy charges possible for filing bogus Trump election slates, experts say (NBC News)