Attorneys for Gov. Tony Evers blasted President Donald Trump’s push to toss out ballots in Milwaukee and Dane counties as “a shocking and outrageous assault on our democracy.”
“The relief he seeks is wrong as a matter of law, incorrect as a matter of fact, and mistaken as a matter of procedure,” Evers’ attorneys wrote Tuesday night in response to the Trump lawsuit to overturn election results in Wisconsin and claim the state’s 10 electoral votes.
President-elect Joe Biden defeated Trump by about 20,700 votes in the Nov. 3 election and after a partial recount paid for by the Trump campaign. The victory was certified Monday by Evers and the head of the Wisconsin Elections Commission.
Trump sued Wisconsin election officials Tuesday, asking the Wisconsin Supreme Court to revoke Evers’ certification of the election and review a partial recount of votes in Milwaukee and Dane counties.
Trump’s lawsuit challenged more than 220,000 ballots cast in Dane and Milwaukee counties, alleged election officials broke the law by continuing the long-standing practice of early voting, allowed voters to avoid the voter ID law by labeling themselves indefinitely confined, allowed clerks to fill in missing information on absentee ballot envelopes and collected absentee ballots in Madison parks.
Evers’ attorneys said that “by focusing on alleged technical violations in only two counties, he (the president) has made plain that his intent is not to fairly determine who Wisconsinites voted for to lead our country. He is simply trying to seize Wisconsin’s electoral votes, even though he lost the statewide election.”
Evers’ attorneys said the Supreme Court isn’t even the proper venue for the case. Under state statute, they said, the appeal of recounts “must begin in circuit court.”
They said that the president should have raised “these issues well before the election much less the recount” and that allegations of “improper votes are incorrect.”
Similar arguments were made in a response filed by attorneys representing the Wisconsin Elections Commission.
Responses were also filed by attorneys for election officials in Milwaukee and Dane counties.
Attorneys for the Milwaukee County election officials called the Trump campaign’s push to throw out ballots “a targeted attack, designed to affect only voters in the two most populous counties of the state, counties that just happened to vote for Vice President Biden over President Trump by a wide margin and are home to a substantial portion of the state’s voters of color.”
In a separate filing, attorneys of the Democratic National Committee and Wisconsin’s 10 Democratic electors sought to intervene in the case.
Late Wednesday night, the Trump campaign filed another lawsuit in federal court, echoing many of the claims in its state lawsuit, as well as in two other lawsuits brought by Republicans over Trump’s loss in Wisconsin.
The Associated Press contributed to this report.