Empower Wisconsin | Dec. 9, 2020
MADISON — Texas Attorney General Ken Paxton filed a lawsuit Tuesday with the U.S. Supreme Court alleging Wisconsin and three other battleground states “exploited” the pandemic to ignore or manipulate elections laws, actions that ultimately cost President Donald Trump the election.
Paxton, a Republican, is asking the court to temporarily restrain Wisconsin, Georgia, Michigan and Pennsylvania from voting in the Electoral College, while it deliberates the case. The attorney general’s lawsuit ultimately seeks the legislatures in the four states to appoint electors.
“Trust in the integrity of our election processes is sacrosanct and binds our citizenry and the States in this Union together,” Paxton said in a press release. “Georgia, Michigan, Pennsylvania and Wisconsin destroyed that trust and compromised the security and integrity of the 2020 election.”
Paxton claims the states, which helped hand Democrat Joe Biden victory over Republican Trump, “exploited the COVID-19 pandemic to justify ignoring federal and state election laws and unlawfully enacting last-minute changes, thus skewing the results of the 2020 General Election.”
“The battleground states flooded their people with unlawful ballot applications and ballots while ignoring statutory requirements as to how they were received, evaluated and counted,” the attorney general said.
In Wisconsin, the Trump campaign and conservative allies have alleged the Wisconsin Elections Commission broke state election law in telling local clerks they could fill in missing witness information on absentee ballot certificates. Clerks in liberal bastions Milwaukee and Dane counties advised widespread use of the state’s “indefinite confinement” provision, allowing absentee ballot applicants to claim COVID-19 as a reason for their confinement. In doing so, the applicants didn’t have to show proof of identification, one of the bedrocks of election integrity. The number of voters claiming indefinitely confined status soared from 72,000 last year to about 244,000 in this election.
Liberals called the lawsuit, one of several election complaints working their way through state and federal courts, frivolous, or meritless.
“As we are in various other meritless cases challenging the results of the election, the Wisconsin Department of Justice will defend against this attack on our democracy,” Wisconsin Attorney General Josh Kaul tweeted.
“I feel sorry for Texans that their tax dollars are being wasted on such a genuinely embarrassing lawsuit,” Kaul added.
Paxton says Wisconsin and the other states violated statutes enacted by their legislatures, which violated the constitution.
“By ignoring both state and federal law, these states have not only tainted the integrity of their own citizens’ vote, but of Texas and every other state that held lawful elections,” the attorney general said. “Their failure to abide by the rule of law casts a dark shadow of doubt over the outcome of the entire election. We now ask that the Supreme Court step in to correct this egregious error.”
A similar lawsuit bought by the Trump campaign is slated for oral arguments Thursday in Wisconsin federal court.