Wisconsin Elections Commission Will Likely Need to Reconsider a Formal Complaint Regarding False Electors

Tuesday, May 9th, 2023 -- 10:01 AM

(By Shawn Johnson, Wisconsin Public Radio) The Wisconsin Elections Commission will likely need to reconsider a formal complaint against Republicans who posed as electors following the 2020 presidential election.

According to Shawn Johnson with the Wisconsin Public Radio, Dane County Judge Frank Remington said Monday that he planned to issue a written order that would vacate an earlier decision by the WEC involving Republican commissioner Bob Spindell. Spindell was one of 10 Wisconsin Republicans who posed as electors following President Joe Biden's victory over former President Donald Trump in the 2020 election.

The group of Republicans met at the state Capitol at the same time as Wisconsin's actual electors, signing official-looking documents to send to the president of the U.S. Senate, the Wisconsin secretary of state, the National Archives and the chief judge of the U.S. District Court for the Western District of Wisconsin.

The liberal group Law Forward filed a complaint in 2021 against the false electors on behalf of Paul Sickel, the executive director of the Service Employees Union Wisconsin State Council. The complaint alleged that Republicans who participated in the scheme broke the law.

The Elections Commission voted 6-0 to dismiss the case in March 2022, relying on legal analysis from the Wisconsin Department of Justice that found the electors were trying to preserve Trump's legal options. Spindell participated in that WEC decision even though the complaint directly affected him.

Law Forward argued Spindell should have recused himself from WEC's vote, filing a lawsuit in an effort to force a redo. While he has yet to issue a final decision, Dane County Judge Frank Remington indicated Monday that he agreed.

"I'll tip my hand, I'm going to issue a written decision," Remington said. "Surprise, surprise. I'm going to come to the conclusion ... that the appropriate remedy is to vacate the decision of the WEC and remand it back for further proceedings, which don't include Commissioner Spindell."

Remington indicated his formal written ruling could be issued as soon as next week. Remington's ruling will likely open the door for the WEC to reconsider a complaint against the false electors, this time without Spindell's participation.

While the panel's remaining five commissioners might or might not rule differently this time, Law Forward attorney Scott Thompson said Remington's action was significant.

Feel free to contact us with questions and/or comments.