Wisconsin Republicans sue to resolve conflict of when Electoral College votes must be cast for Trump

[BumRushDaShow]

Source: AP

Updated 6:41 PM EST, December 9, 2024


MADISON, Wis. (AP) — Wisconsin Republicans have filed a lawsuit seeking a court order to resolve a discrepancy between state and federal law about what date the state’s presidential electors must meet to cast Wisconsin’s 10 Electoral College votes for President-elect Donald Trump.

State law calls for the electors to meet on the first Monday after the second Wednesday in December, which this year is Dec. 16. But federal law requires the meeting to be the first Tuesday following the second Wednesday, which is Dec. 17 this year.

The Wisconsin Republican Party asked in the lawsuit filed Friday in U.S. District Court seeking an order that the electors follow federal law and cast their votes on Dec. 17. The lawsuit argues that the state law requirement is unconstitutional, unenforceable and therefore should be declared void.

“If the presidential electors do not follow federal law for when they must cast their votes, then those votes could be contested,” the lawsuit contends. The Republican-controlled Wisconsin Legislature, recognizing the conflict, attempted to bring the state into compliance with federal law with a bill last session. The Senate passed it 31-1, but it never got a vote in the Assembly.

Read more: https://apnews.com/article/wisconsin-presidential-electors-lawsuit-trump-23c2a34e0eabf0f813c42c29ca6c53db

[Think. Again.]

1. Why was a state law that conflicts with a superceding Federal law passed in the first place?

[BumRushDaShow]

2. "Why was a state law that conflicts with a superceding Federal law passed in the first place?"

The Republican-controlled Wisconsin Legislature, recognizing the conflict, attempted to bring the state into compliance with federal law with a bill last session. The Senate passed it 31-1, but it never got a vote in the Assembly.

(highlighted part) is why.

The GOP believed it was extra-Constitutional and could cause spiteful chaos... but have now created a mess for themselves and their mafiosi leader who actually won their state. It appears that they want to get the courts to invalidate their own law since the babies apparently can't do it themselves. A quick scan shows that Evers *could* try to call a special session for them to resolve it but it doesn't look like (at this time) this will happen.

[Think. Again.]

3. But I'm curious about why the initial conflict was allowed to happen?

[BumRushDaShow]

4. I found another article that described some of the issue

GOP asks court to determine when Trump’s electors are supposed to cast their votes

The lawsuit comes after the Legislature failed to pass a proposal to bring Wisconsin in line with a new federal deadline outlining electoral requirements.

By Alexander Shur | December 9, 2024, 2:48pm EST

(snip)

The new designated day arose as a result of the new federal law, commonly called the Electoral Count Reform Act. Congress designed the law in 2022 to prevent the post-election chaos that then-President Donald Trump and his allies created after the 2020 election, which culminated in efforts to send fake electoral votes to Congress, block certification of legitimate electoral votes, and then storm the Capitol on Jan. 6, 2021.

The new federal law sets specific schedules for certifying election results and casting electoral votes. It cleared up ambiguities contained in the previous version of the law, which was enacted in 1887 but never updated until two years ago.

As of mid-October, 15 states had updated their laws to comply with the Electoral Count Reform Act, according to the National Conference of State Legislatures. A Wisconsin proposal to bring the state in line with the new federal law passed the Senate nearly unanimously in February. But it never received a vote in the Assembly.

“It would have been beneficial if Wisconsin had also done that,” Godar said.

https://www.votebeat.org/wisconsin/2024/12/09/presidential-elector-meeting-date-dec-17-ecra-republican-lawsuit/

Their law had apparently been on the books for some time but was never updated when the revisions to the Electoral Count Act went into effect in 2022. The state then begrudgingly started to update their law but obviously pooh-poohed around in the State House (possibly with the expectation that Biden or Harris might win and they could generate some chaos, but obviously that didn't happen so now the boomerang has smacked them in the face).

[Think. Again.]

5. Ah, thanks!

And yes, I agree the Legislature intended to leave the discrepancy in place in order to screw with a possible Harris win.

Because after all, they are rightwingers. Lying and cheating is what they do. Period.

[GB_RN]

6. Wow...

“If the presidential electors do not follow federal law for when they must cast their votes, then those votes could be contested,”

Now THAT’S fucking rich. This coming from the party of criminals and felons, who put forth fake electors in Wisconsin back in ‘20. For them to be bitching about any goddamned thing election-related is the height of hypocrisy.

I hate ‘em all.