UPDATE: Democratic Party of Wisconsin seeks to intervene in election lawsuit

Published: Nov. 13, 2020 at 8:14 PM CST|Updated: Nov. 13, 2020 at 9:17 PM CST
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GREEN BAY, Wis. (WBAY) - The Democratic Party of Wisconsin (DPW) filed a motion Friday to intervene in a federal lawsuit that wants to stop certification of votes in Menominee, Dane and Milwaukee counties.

As Action 2 News reported Thursday, three voters in Brown, Door and Oconto counties claim illegal ballots in the state “diluted” their votes. In addition to stopping the certification of results, they’re demanding registration and voting data so they can do an expert analysis to prove their claims of fraud.

“Through this action, Plaintiffs -- who do not even live in the counties about which they complain -- seek to disrupt the lawful certification of ballots in three of Wisconsin’s 72 counties based on nothing more than rank speculation and unsupported suspicion,” the filing reads.

It calls the lawsuit an “egregious" violation of constitutional rights to exclude three counties and enough votes to change the outcome of the presidential election in Wisconsin.

Throughout the canvassing so far, Joe Biden continues to lead Donald Trump in Wisconsin by about 20,000 votes. Preliminary counts show Biden received 1,000 more votes than Trump in Menominee County; 181,000 more in Dane County; and 183,000 more in Milwaukee County.

“The relief Plaintiffs seek, wholesale disenfranchisement of more than 792,000 Wisconsinites—or nearly one in four of all Wisconsinites who voted in this year’s general election—threatens DPW’s distinct and protectable legal interests," the DPW filing says.

In its motion to intervene in the lawsuit, the Democratic Party of Wisconsin says it has a “significant, protectible interest” in the outcome, even more than most of the defendants named in the suit, and the timing of its intervention, just a day after the lawsuit was filed, won’t cause any delays.

A statement from the Menominee Indian Tribe of Wisconsin says the tribe has a “high degree of confidence” in the county’s handling of votes in the presidential election. The Menominee Tribal Chair says every voter deserves to have their vote counted.

Action 2 News reached out to one of the plaintiffs, who referred us to their attorney. James Bopp, of the Indiana-based Bopp Law Firm, told us Friday afternoon the federal judge hadn’t scheduled a hearing on the case but was requesting an expedited hearing since he’s aware of the state’s deadline to certify the results.

The Wisconsin Elections Commission chair needs to certify the statewide results by December 1.

The state Elections Commission and Gov. Tony Evers are named as defendants in the lawsuit as well as the county clerks of Menominee, Dane and Milwaukee counties.

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