President Donald Trump announced Saturday that his campaign plans to bring a new legal challenge to the Wisconsin election result following the completed recount, which was finished on Sunday. The challenge will focus on illegal votes in the state rather than mistakes in the count.
The Wisconsin recount is not about finding mistakes in the count, it is about finding people who have voted illegally, and that case will be brought after the recount is over, on Monday or Tuesday. We have found many illegal votes. Stay tuned!
— Donald J. Trump (@realDonaldTrump) November 28, 2020
The Trump campaign would like to see all early in-person absentee ballots thrown out in the state — a total of 108,947 statewide. Ironically, lead lawyer Jim Troupis and his wife reportedly both voted using that method, yet he is arguing that their votes should be thrown out along with the others.
Democrat candidate Joe Biden only led by 20,608 votes in the state going into the recount, and he gained a net 87 votes during the process.
Trump campaign alleges massive fraud
During the recount, which was conducted in only Dane and Milwaukee counties and paid for by the Trump campaign, the campaign challenged 160,000 of 460,000 ballots cast in Milwaukee County.
Challenges in other states have focused on whether signatures match and how and when counting was done. In this case, no information about why ballots were challenged was given.
If Trump manages to flip Wisconsin, Arizona, and Georgia, he will tie Biden in the Electoral College with both candidates having 269 electoral votes.
In the event of an electoral tie, the House of Representatives will vote to decide the presidency, with each state delegation getting one vote and with Republicans having a majority in 26 state delegations.
Will election end up at the Supreme Court?
But to get to that point, more than 50,000 votes need to be overturned. That’s a lot of votes.
In previous election-related cases, the Supreme Court has ruled against changing voting rules close to the election because it causes voter confusion and has said that the state legislature should make the voting rules, not governors or other state officials.
Many of the close swing states have violated these high court principles. In Pennsylvania, where a reversal could give Trump 20 electoral votes and really change the game, the state Supreme Court changed the counting deadline for mail-in ballots in September, a double violation.
But experts have suggested that the high court does not want to be the decider or overturner of an election, and will only get involved if the violations are blatant and involve enough votes to actually overturn results.