No. 20-___ IN THE Supreme Court of the United States ———— DONALD J. TRUMP, Petitioner, v. WISCONSIN ELECTIONS COMMISSION, ET AL., Respondents. ———— On Petition for Writ of Certiorari to the United States Court of Appeals for the Seventh Circuit ———— PETITION FOR WRIT OF CERTIORARI ———— WILLIAM BOCK, III Counsel of Record JAMES A. KNAUER KEVIN D. KOONS KROGER, GARDIS & REGAS, LLP 111 Monument Circle Suite 900 Indianapolis, IN 46204 (317) 692-9000
[email protected] Counsel for Petitioner December 30, 2020 QUESTIONS PRESENTED Since the 1980s, the Wisconsin Legislature has authorized absentee voting but explicitly commanded it must be “carefully regulated to prevent the poten- tial for fraud and abuse.” Wis. Stat. § 6.84(1). During the 2020 Presidential election, however, the Wiscon- sin Elections Commission (WEC) and local election officials implemented unauthorized, illegal absentee voting drop boxes, compelled illegal corrections to ab- sentee ballot witness certificates by poll workers, and encouraged widespread voter misuse of “indefinitely confined” status to avoid voter ID laws, all in disre- gard of the Legislature’s explicit command to “care- fully regulate” the absentee voting process. After Election Day, Respondents encouraged the counting of, and did count, tens of thousands of inva- lid absentee ballots received in violation of the “man- datory” requirement of Wis. Stat. § 6.84(2) that ab- sentee ballots “in contravention of the [specified stat- utory absentee balloting] procedures…may not be counted.” The foregoing raises the following questions: 1. Whether WEC and local election officials vio- lated Art. II, § 1, cl. 2 of the United States Constitu- tion and the Fourteenth Amendment’s guarantee of Equal Protection during the 2020 Presidential elec- tion by implementing unauthorized absentee voting practices in disregard of the Wisconsin Legislature’s explicit command that absentee voting must be “care- fully regulated” and absentee ballots cast outside of the Legislature’s authorized procedures “may not be counted”? ii 2.