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Republicans in the state file lawsuit to settle Electoral College dispute


Wisconsin Republicans have filed a lawsuit in federal court to resolve a conflict between state and federal law regarding the date presidential electors must cast Wisconsin’s Electoral College votes for President-elect Donald Trump. State law sets the meeting date on Dec. 16, while federal law mandates the vote occur on Dec. 17. The lawsuit argues the state law is unconstitutional and unenforceable and seeks an order for electors to follow federal law.

The lawsuit was filed against key Wisconsin officials, including Gov. Tony Evers and Attorney General Josh Kail, who have declined to comment. The conflict stems from a recent federal law passed to update the certification process for presidential elections after the Jan. 6, 2021, insurrection and Trump’s attempt to stay in power, clarifying the vice president’s ceremonial role in certifying results.

The Republican-controlled Wisconsin Legislature attempted to bring state law into compliance with federal law last session, but the bill failed to pass in the Assembly. Failure to adhere to federal law in casting electoral votes could result in votes being contested, the lawsuit argues.

By mid-October, fifteen states had updated their laws to comply with the new federal law. The lawsuit highlights the need for Wisconsin to follow federal law to ensure the legitimacy of the Electoral College process. The case raises important questions about the balance between state and federal authority in certifying presidential elections and underscores the ongoing legal battles surrounding the 2020 election results.

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