Two Wisconsin Democratic presidential electors are suing 10 Republicans who acted as fake electors for then-President Trump following the 2020 election.
The Democrats argued the fake electors should face some accountability for their election steal scheme, hoping the lawsuit might help warn against disruption of the democratic process in future elections.
In the lawsuit filed Tuesday in Dane County Circuit Court, the Democrats allege that the former president and his allies engaged in a conspiracy that was “as legally baseless as it was repugnant to democracy.” The lawsuit seeks to disqualify the 10 Republicans from serving as electors again.
Additionally, the Democrats argue that although the defendants were unsuccessful in their plot to put forward a fake slate of electors, they “caused significant harm simply by trying” and that “there is every reason to believe that they will try again if given the opportunity.”
The lawsuit notes that despite the fact that the defendants’ actions violated state and federal laws, “none of the fraudulent electors has been held accountable.”
“This lawsuit seeks to change that,” the filing reads.
The Democrats warn that the fake elector plot has consequences that would affect voters beyond Wisconsin, accurately arguing that the election steal scheme set “an anti-democratic precedent that jeopardizes all future elections inside and outside the State.”
The plaintiffs also argue for actions to be taken against the fake electors before they can be called upon again to act as electors — either real or fake — in the 2024 presidential election.
“These calls for decertification are well on their way to reaching the mainstream, and they will only grow louder as the next presidential election approaches,” the filing reads. “So too will support for the contention — incorrect as a matter of law — that state legislatures have plenary power to choose presidential electors, regardless of the outcome of the popular vote.”
The lawsuit comes two months after Wisconsin’s bipartisan Elections Commission unanimously decided against sanctioning the same 10 Republicans for falsely claiming to be presidential electors in 2020 after finding the GOPers did not violate election laws. The case is being appealed by the Wisconsin arm of the Service Employees International Union.
The lawsuit appears to be the first legal action taken against Trump-backed Republicans in seven battleground states who tried to act as fake electors, despite Joe Biden’s wins in those states.
Separately, the Jan. 6 Select Committee is investigating the actions of GOP electors in the 2020 election and has issued subpoenas to Republicans involved in the election steal scheme.
In March, the Justice Department expanded its probe into events surrounding Jan. 6 by seeking documents and testimony related to the fake electors scheme as well as the planning for the rallies that preceded the deadly Capitol insurrection.
Pre-emptive? No, reactionary.
Such a shame it’s come to this.
The great push back begins. Pin their ears back. Make them squirm in public.
I read it. They don’t have any damages. This is almost certain to get dismissed.
What are they asking for in their prayer for relief? It doesn’t sound like they are asking for much.
Dumb declaratory judgments that won’t actually resolve anything. Same on injunctive relief. Compensatory damages for the injuries they didn’t plead, plus punitive damages for the same non-existent injuries. The only thing that looks particularly viable to me is a statutory fine of up to $2,000 per fake elector, and that gets paid to the state.