TRUMP v. BIDEN

No. 2020AP2038.

951 N.W.2d 568 (2020)

2020 WI 91

Donald J. TRUMP, Michael R. Pence and Donald J. Trump for President, Inc., Plaintiffs-Appellants, v. Joseph R. BIDEN, Kamala D. Harris, Milwaukee County Clerk c/o George L. Christenson, Milwaukee County Board of Canvassers c/o Tim Posnanski, Wisconsin Elections Commission, Ann S. Jacobs, Dane County Clerk c/o Scott McDonell and Dane County Board of Canvassers c/o Alan Arnsten, Defendants-Respondents.

Supreme Court of Wisconsin.

Opinion Filed: December 14, 2020.


Attorney(s) appearing for the Case

For the plaintiffs-appellants, a brief was filed by James R. Troupis and Troupis Law Office, Cross Plains, and R. George Burnett and Conway, Olejniczak & Jerry S.C., Green Bay. Oral argument presented by James R. Troupis .

For the defendants-respondents Joseph R. Biden and Kamala D. Harris , a brief was filed by Matthew W. O'Neill and Fox, O'Neill & Shannon, S.C., Milwaukee, Charles G. Curtis, Jr. , Michelle M. Umberger , Will M. Conley and Perkins Coie LLP, Madison, and John M. Devaney (pro hac vice) and Perkins Coie LLP, Washington, D.C. Oral argument was presented by John M. Devaney .

For the defendants-respondents Wisconsin Elections Commission and Ann S. Jacobs , oral argument was presented by assistant attorney general Colin T. Roth .

HAGEDORN, J., delivered the majority opinion of the Court, in which ANN WALSH BRADLEY, DALLET, and KAROFSKY, JJ., joined. DALLET and KAROFSKY, JJ., filed a concurring opinion. HAGEDORN, J., filed a concurring opinion, which ANN WALSH BRADLEY, J., joined. ROGGENSACK, C.J., filed a dissenting opinion, in which ZIEGLER and REBECCA GRASSL BRADLEY, JJ., joined. ZIEGLER, J., filed a dissenting opinion, in which ROGGENSACK, C.J., and REBECCA GRASSL BRADLEY, J., joined. REBECCA GRASSL BRADLEY, J., filed a dissenting opinion, in which ROGGENSACK, C.J., and ZIEGLER, J., joined.


¶1 In the 2020 presidential election, the initial Wisconsin county canvasses showed that Wisconsin voters selected Joseph R. Biden and Kamala D. Harris as the recipients of Wisconsin's electoral college votes. The petitioners1 (collectively, the "Campaign") bring an action under Wis. Stat. §...

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