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31 of absentee ballots.” Wisconsin Safe Voting Plan 2020, at 4 (June 15, 2020). 9 109. It is alleged in an action recently filed in the United States District Court for the Eastern District of Wisconsin that over five hundred unmanned, illegal, absentee ballot drop boxes were used in the Presidential election in Wisconsin. 10 110. However, the use of any drop box, manned or unmanned, is directly prohibited by Wisconsin statute. The Wisconsin legislature specifically described in the Election Code “Alternate absentee ballot site[s]” and detailed the procedure by which the governing body of a municipality may designate a site or sites for the delivery of absentee ballots “other than the office of the municipal clerk or board of election commissioners as the location from which electors of the municipality may request and vote absentee ballots and to which voted absentee ballots shall be returned by electors for any election.” Wis. Stat. 6.855(1). 111. Any alternate absentee ballot site “shall be staffed by the municipal clerk or the executive director of the board of election commissioners, or employees of the clerk or the board of election commissioners.” Wis. Stat. 6.855(3). Likewise, Wis. 9 Wisconsin Safe Voting Plan 2020 Submitted to the Center for Tech & Civic Life, June 15, 2020, by the Mayors of Madison, Milwaukee, Racine, Kenosha and Green Bay available at: https://www.techandciviclife.org/wp- content/uploads/2020/07/Approved-Wisconsin-Safe-Voting-Plan- 2020.pdf. 10 See Complaint (Doc. No. 1), Donald J. Trump, Candidate for President of the United States of America v. The Wisconsin Election Commission, Case 2:20-cv-01785-BHL (E.D. Wisc. Dec. 2, 2020) (Wisconsin Trump Campaign Complaint”) at 188-89.
32 Stat. 7.15(2m) provides, “[i]n a municipality in which the governing body has elected to an establish an alternate absentee ballot sit under s. 6.855, the municipal clerk shall operate such site as though it were his or her office for absentee ballot purposes and shall ensure that such site is adequately staffed.” 112. Thus, the unmanned absentee ballot drop-off sites are prohibited by the Wisconsin Legislature as they do not comply with Wisconsin law expressly defining “[a]lternate absentee ballot site[s]”. Wis. Stat. 6.855(1), (3). 113. In addition, the use of drop boxes for the collection of absentee ballots, positioned predominantly in Wisconsin’s largest cities, is directly contrary to Wisconsin law providing that absentee ballots may only be “mailed by the elector, or delivered in person to the municipal clerk issuing the ballot or ballots.” Wis. Stat. § 6.87(4)(b)1 (emphasis added). 114. The fact that other methods of delivering absentee ballots, such as through unmanned drop boxes, are not permitted is underscored by Wis. Stat. § 6.87(6) which mandates that, “[a]ny ballot not mailed or delivered as provided in this subsection may not be counted.” Likewise, Wis. Stat. § 6.84(2) underscores this point, providing that Wis. Stat. § 6.87(6) “shall be construed as mandatory.” The provision continues—“Ballots cast in contravention of the procedures specified in those provisions may not be counted. Ballots counted in contravention of the procedures specified in those provisions may not be included in the certified result of any election.” Wis. Stat. § 6.84(2) (emphasis added). 115. These were not the only Wisconsin election laws that the WEC violated in the 2020
Page 1 and 2: No. ______, Original In the Supreme
Page 3 and 4: No. ______, Original In the Supreme
Page 5 and 6: legislatures to appoint Presidentia
Page 7 and 8: i TABLE OF CONTENTS Pages Bill of C
Page 9 and 10: 2 or no chain of custody 1 and, at
Page 11 and 12: 4 5. Each of Defendant States acted
Page 13 and 14: 6 8. Nor was this Court immune from
Page 15 and 16: 8 President and the Vice President
Page 17 and 18: 10 PARTIES 22. Plaintiff is the Sta
Page 19 and 20: 12 FACTS 34. The use of absentee an
Page 21 and 22: 14 protect the integrity of the bal
Page 23 and 24: 16 49. Pennsylvania’s election la
Page 25 and 26: 18 were counted by virtue of the fa
Page 27 and 28: 20 much larger volume of mail-in ba
Page 29 and 30: 22 express mandatory procedures set
Page 31 and 32: 24 78. The number of votes affected
Page 33 and 34: 26 signatures do not agree sufficie
Page 35 and 36: 28 95. The TCF was the only facilit
Page 37: 30 percent increase over 2016, were
Page 41 and 42: 34 may be misled to exercise their
Page 43 and 44: 36 that USPS employees were backdat
Page 45 and 46: 38 vote principle in Defendant Stat
Page 47 and 48: 40 C. Enjoin Defendant States’ us
Page 49 and 50: i No. ______, Original In the Supre
Page 51 and 52: iii II. This case presents constitu
Page 53 and 54: v Dunn v. Blumstein, 405 U.S. 330 (
Page 55 and 56: vii Republican Party of Pa. v. Booc
Page 57 and 58: ix THE FEDERALIST NO. 57 (C. Rossit
Page 59 and 60: 2 is the glue that binds our citize
Page 61 and 62: 4 Constitutional Background The rig
Page 63 and 64: 6 are processed and tabulated witho
Page 65 and 66: 8 (emphasis added). This Court not
Page 67 and 68: 10 electors,” meaning that state
Page 69 and 70: 12 1. Plaintiff State suffers an in
Page 71 and 72: 14 In addition to standing for thei
Page 73 and 74: 16 accorded to each vote and the eq
Page 75 and 76: 18 appointment of presidential elec
Page 77 and 78: 20 We hold that this challenge to a
Page 79 and 80: 22 is conferred upon the legislatur
Page 81 and 82: 24 A. The 2020 election suffered fr
Page 83 and 84: 26 J. CONST. L. 1, 31 (2010) (colle
Page 85 and 86: 28 confusion and consequent incenti
Page 87 and 88: 30 Court explained at length in Bus
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32 U.S. 527, 537-41 (1981), overrul
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34 III. REVIEW IS NOT DISCRETIONARY
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No. 20A , Original In the Supreme C
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expedition of this original action
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• On August 7, 2020, the League o
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of Pennsylvania is impossible to re
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2016 rejection rate was more than s
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without Defendant States’ elector
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Republic. With ordinary briefing, D
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prospective intervenors file or see
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CERTIFICATE OF SERVICE The undersig
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No. ______, Original In the Supreme
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ii 7. This action does not raise a
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iv Dunn v. Blumstein, 405 U.S. 330
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vi Roman Catholic Diocese of Brookl
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No. ______, Original In the Supreme
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3 voting. The Defendant States floo
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5 a manner as the legislature of su
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(1) a reasonable probability that f
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A. This Court has jurisdiction over
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11 Plaintiff State’s Electoral Cl
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13 judicial enforcement according t
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15 breaking vote in the Senate. Thr
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17 c. The requested relief would re
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19 reconsideration under lawful mea
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21 5. This action is not moot and w
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23 States become evident until days
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25 justification for a violation of
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27 “Legislature thereof.” U.S.
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29 For example, if a state court en
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31 This form of executive nullifica
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33 unconstitutional and unilateral
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35 election results that includes v
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