President Trump files second lawsuit in Wisconsin, Green Bay Mayor and City Clerk named as defendants

President Trump made two appearances on Tuesday, but took no questions.
President Trump made two appearances on Tuesday, but took no questions.
Published: Dec. 2, 2020 at 11:36 PM CST
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GREEN BAY, Wis. (WBAY) - One day after filing a lawsuit with the Wisconsin Supreme Court seeking to toss out thousands of absentee ballots from the presidential election in Milwaukee and Dane Counties, President Trump has filed a second lawsuit in the state.

RELATED: Trump files lawsuit challenging Wisconsin election results

On Wednesday, the Trump campaign filed a lawsuit against the Wisconsin Elections Commission, the Wisconsin Secretary of State, as well as the mayors and city clerks in five Wisconsin cities, including Green Bay Mayor Eric Genrich and Green Bay City Clerk Kris Teske.

The mayors and city clerks of Milwaukee, Madison, Racine and Kenosha were also named in the lawsuit, as well as the Milwaukee and Dane County Clerks, the Milwaukee Election Director, the Executive Director of the Milwaukee Election Commission, and Governor Tony Evers.

The lawsuit, which was filed in the U.S. District Court for the Eastern District of Wisconsin, alleges the defendants ran an unlawful and unconstitutional presidential election in the state of Wisconsin.

The lawsuit states the mayors of the five cities named submitted a grant request to an organization called Center for Tech & Civic Life (also known as CTCL) for what the mayors called the Wisconsin Safe Voting Plan.

RELATED: Green Bay receives over $1 million in grants for fall election safety

As Action 2 News previously reported, the five cities received a combined $6.3 million, with the City of Green Bay receiving $1,093,400. Green Bay city officials stated in the plan they would use funds for the following:

  • $47,000 - Provide assistance to help voters comply with absentee ballot requests and certification requirements
  • $50,000 - Utilize secure drop-boxes to help with the return of absentee ballots
  • $145,000 - Deploy additional staff and/or technology improvements to expedite and improve accuracy of absentee ballot processing
  • $35,000 - Expand in-person early voting
  • $215,000 - Resources to conduct voter outreach and education
  • $174,000 - Launch poll worker recruitment, training and safety efforts
  • $426,000 - Ensure safe and efficient election day administration

The lawsuit goes on to say that despite the name of the plan, it didn’t apply to the whole state, it was just for those five cities. Those city officials were then said to have planned to use drop-boxes to make the return of absentee ballots easier in the state’s largest cities.

RELATED: Green Bay looks to add absentee ballot drop boxes for November election

The campaign alleges unmanned absentee ballot drop boxes are illegal under Wisconsin law, and went on to say the boxes were a part of the five Mayors’ plan to encourage higher percentages of electors to vote absentee.

The lawsuit goes on to say the Voting Plan didn’t include any data or analysis supporting their claim that in-person voting with social distancing and mask wearing was any less safe than voting by curbside or drop boxes.

RELATED: Five absentee ballot drop boxes activated in Green Bay

The Trump campaign team says the lawsuit is asking for relief under the Electors Clause of the U.S. Constitution, and also asks the U.S. District Court to find constitutional violations by the defendants before sending the matter to the Wisconsin Legislature for relief.

According to the lawsuit, Trump alleges the defendants tainted more than 50,000 ballots.

Biden won the state after receiving about 20,600 more votes than Trump.

Campaign officials also allege the Wisconsin Elections Commission endorsed drop boxes, and also directed election officials to tamper with witness certifications on absentee ballot envelopes.

The lawsuit also asks the court to send the matter to the Wisconsin Legislature for relief, and goes on to say the state legislature has the final decision on how to address constitutional violations involving a presidential election.

A full copy of the lawsuit can be found below.

Wisconsin’s Electoral College is scheduled to meet on December 14.

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