The Sconi

Three Wisconsin voters filed a lawsuit in federal court seeking to exclude Election Day results in three counties.

If successful, their lawsuit would invalidate nearly 800,000 votes in the state. 

The lawsuit alleges that there is evidence that illegal votes were counted in Menominee, Milwaukee and Dane counties and they are seeking for the court to declare the results from those counties be invalidated. They’re also seeking to halt certifying the results for those counties.

The three counties are heavily Democratic counties that are the most populous in the state. In those counties, Joe Biden is ahead by 365,289 votes. Statewide, Biden is ahead of President Donald Trump by 20,540 votes.

“Certifying presidential electors without excluding certain counties would violate voters’ fundamental right to vote by vote-dilution disenfranchisement,” the lawsuit states. It also argues that the illegal votes have diluted legal votes and that those three counties should not be included in the certification.

The lawsuit claims that the mail-in ballots have a risk of fraud and that the state expanded its mail-in ballot process this year due to the pandemic. It alleges that because of the influx of mail-in ballots, election workers didn’t have the time to carefully review every ballot for fraud.

The lawsuit argues that the counties encouraged their voters to vote absentee and said that absentee voters didn’t need to provide photo ID to vote. The counties saw a 238% increase in absentee voters this year, from 72,000 last year to 243,900 prior to Nov. 3. They claim that the state requires voter ID aside from everyone except those that are “indefinitely confined” because of their disability, age, infirmity or physical illness.

The lawsuit alleges that the counties advised voters to indicate that they were “indefinitely confined” when requesting absentee ballots.

The Wisconsin Democratic Party filed a motion to intervene in the case on Friday.