Kanye West lawsuit to remain in Brown County Circuit Court

Kanye West
Kanye West(WRDW)
Published: Sep. 4, 2020 at 9:33 AM CDT
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GREEN BAY, Wis. (WBAY) - Kanye West’s lawsuit against the Wisconsin Elections Commission will remain in Brown County Circuit Court after a federal judge said he had no jurisdiction over the case.

U.S. District Court Judge William C. Griesbach issued the order Thursday after the WEC requested the case be heard in federal court. WEC stated West’s lawsuit contained a claim arising under the United States Constitution.

West, Michelle Tidball and Fred Krumberger filed suit in Brown County Court, claiming the Wisconsin Elections Commission improperly denied them a spot on the ballot for the Nov. 3 general election.

Rapper West is running for President of the United States. Tidbell is his running mate.

West claims the WEC violated state law by ruling his nominating papers were late because they were delivered “approximately 14 seconds after 5 p.m. on August 4, 2020.” State law says nomination papers can be filed no later than 5 p.m. on the first Tuesday in August prior to the presidential election. West’s suit disputes the interpretation of “not later than 5 p.m.”

The WEC asked the case to be moved from Brown County Circuit Court to federal court. In his ruling in favor of West, Hon. Griesbach said federal courts have limited jurisdiction when it comes to state election law.

“Any decision rendered by this court would be vacated by the Court of Appeals as unenforceable and void for lack of federal jurisdiction,” reads Griesbach’s ruling.

“The courts of the State of Wisconsin are the proper forum to decide issues of first impression arising under state law, even state law that governs federal elections,” says Griesbach.

The judge said the WEC failed to show that the lawsuit raised a “substantial federal issue.”

Brown County online court records do not show a future date for a hearing in the case.

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